Disputes & Litigation

When a dispute arrives, the question is not whether you have a lawyer. It is whether the lawyer knows the category.

A commercial litigation firm can be excellent and still be learning your industry on your matter.

A trademark opposition turns on how the Board reads your goods description. A false advertising class action turns on what substantiation the FTC expects for that claim, in that category, in that channel. A NAD challenge from a competitor runs on a clock that has nothing to do with a court calendar.

Those are not general litigation questions. Getting them answered by someone meeting them for the first time happens at your expense and on your timeline.

We handle the proceedings that are ours, and we join the team when the matter belongs somewhere else.

Real Industry Insight

Most of what threatens a brand at your stage never reaches a courtroom.

A TTAB opposition or cancellation is a proceeding, not a lawsuit. We run those start to finish. A demand letter, a response to one, a platform takedown, a marketplace enforcement campaign: none of that is litigation either, and we run all of it too.

True litigation is a different animal. It runs for years, it needs e-discovery and a team and a war room, and we are deliberately not built for it. You want a trial firm for that.

What a trial firm usually does not have is a lawyer who has read the FDA's position on the claim at issue, who knows how the Board treats that kind of goods description, or who can tell you in an afternoon whether the regulatory exposure behind the lawsuit is worse than the lawsuit. That question gets asked late, if it gets asked at all, and it is often the most expensive thing in the file.

We run the proceedings. We consult on the litigation. We do not pretend those are the same job.

What We Handle

This is one function of an in-house legal department.
Our clients engage us across several.

Learn more about what we do