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LITIGATION & TRIAL

Friday, January 16, 2015

Business Litigation & Trial

Homer Bonner Jacobs Ortiz began over three decades ago and remains today at its core a sophisticated commercial litigation boutique. We are business lawyers and trial lawyers. The firm represents clients in all manner of business litigation. We also counsel clients in methods and procedures designed to minimize the possibility of business disputes. We realize that even the most efficiently handled litigation will often take too long and cost too much.  For this reason, we first look at alternative methods to resolve a dispute, including effective negotiation, exploration of pre-litigation settlement possibilities, and alternative dispute resolution procedures.  The firm has thrived by putting its clients’ long-term interests above the firm’s short-term interests.  When litigation cannot be avoided, however, the firm will act in the most aggressive and intelligent way possible to protect its clients.

Class Action Litigation & Trial

Homer Bonner Jacobs Ortiz has defended clients in a wide range of class action lawsuits, including corporate civil litigation, contracts, RICO, business torts, commodities, and securities.  The firm has defended class actions at the trial and appellate levels in federal and state courts across the country and has amassed extensive experience in all aspects of this type of litigation.

In particular, the firm has been at the forefront of defending class arbitrations. Primarily as a result of representing propriety post-secondary schools, the firm has handled dozens of cases seeking class arbitration before the American Arbitration Association (AAA).  And the firm obtained the first AAA award denying an entitlement to proceed as a putative class based on a “silent” arbitration agreement following the United States Supreme Court’s decision in Stolt-Nielsen SA v. Animal Feeds International Corp., 130 S. Ct. 1758 (2010).  The firm later was able to obtain a reversal of an arbitral award finding that an arbitration agreement permitted class arbitration in Reed v. Florida Metropolitan University, Inc., 681 F.3d 630 (5th Cir. 2012).  Most recently, in Ferguson v. Corinthian Colleges, Inc.,733 F.3d 928 (9th Cir. 2013), we received a favorable ruling from the Ninth Circuit Court of Appeals, which reversed the trial court and held that the Federal Arbitration Act preempted the California Supreme Court’s Broughton-Cruz rule.

Employment Litigation & Trial

Homer Bonner Jacobs Ortiz represents both employees and employers ranging from small to large businesses in employment matters.  Part and parcel of being good business lawyers and being able to comprehensively understand business risk means knowing employment law.  Employment issues are an inherent risk associated with operating a business and an aspect of almost every piece of business litigation.

As a substantial part of its practice, the firm represents employers before state and federal courts and administrative agencies in all manner of employment claims.  We also counsel employers on compliance with state and federal employment laws and regulations and conduct internal investigations, often in conjunction with human resources.  At times, the firm has also represented senior executives in various employment and labor law matters.

Intellectual Property Litigation & Trial

Homer Bonner Jacobs Ortiz frequently handles trademark, service mark, trade dress, and copyright matters for both publicly-traded and privately-held corporations.  The firm has obtained preliminary injunctive relief for clients as well as defended clients against such claims.  We also advise on trademark and copyright matters to assist our clients to avoid disputes and to protect their rights.

International Litigation & Trial

Homer Bonner Jacobs Ortiz’s international litigation practice focuses on complex commercial litigation involving individuals, corporations, and governments in the international business community.  With lawyers fluent in Spanish, the firm’s international litigation practice represents both U.S. and foreign clients in Venezuela, Colombia, Ecuador, Dominican Republic, El Salvador, Panama, and other countries in South and Central America.  We have substantial experience in coordinating and managing all aspects of multi-jurisdictional litigation, enforcing foreign judgments, presenting and securing evidence from foreign jurisdictions, and dismissing or transferring cases filed in inconvenient or foreign forums.

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