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Commercial Litigation
Whether a contract has been breached, confidential information has been taken, a joint venture is falling apart or a business has been injured, Katten’s clients know that in our hands, litigation is not a misadventure that costs more than it’s worth. We listen carefully to our clients and work to understand their objectives and expectations. We provide thoughtful and creative legal analysis, offer guidance informed by experience in our clients’ industries, and look for appropriate opportunities to practice the art of diplomacy and persuasion with opposing parties and counsel.
We also understand that sometimes there simply is no avoiding a fight. We litigate with an end point clearly in mind—the presentation of the client’s case at trial. In our experience, maintaining that focus and discipline is the only efficient way to prepare a case for final disposition, and the best way to drive favorable business resolutions at the same time.
Professionals
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Orange County
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Chicago
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Chicago
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New York
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New York
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New York
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Chicago
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Charlotte
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Los Angeles - Downtown
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New York
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New York
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New York
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Charlotte
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Los Angeles - Century City
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Chicago
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Los Angeles - Century City
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Washington, D.C.
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New York
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Chicago
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Chicago
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New York
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New York
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Chicago
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London
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Chicago
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Los Angeles - Century City
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New York
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Chicago
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New York
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Chicago
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Chicago
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Chicago
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New York
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New York
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Chicago
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New York
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Chicago
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Los Angeles - Century City
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New York
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Chicago
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New York
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Los Angeles - Century City
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Chicago
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February 28, 2013
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November 1, 2012
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August 28, 2012
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June 7, 2012
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June 10, 2011
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October 2010
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September 2010
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August 9, 2010
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June 24, 2010
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November 2, 2009
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October 7, 2009
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August 5, 2009
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March 17, 2009
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February 2009
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December 12, 2008
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Represented a national commercial lender in a set of five related lender liability class action lawsuits that were filed in federal and state courts across the southeastern United States seeking in excess of $150 million.
On a parallel track, we conducted a five-day trial of substantive consolidation issues in a related adversary case in the Delaware bankruptcy court. Both the class actions and the adversary proceeding sought to equitably subordinate or otherwise strip our client of its position as its borrower’s senior creditor. Following extensive discovery and selection of a jury in the district court proceeding, we were able to reach a favorable, global settlement for the client.
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Represented a large biotechnology company in an international misappropriation of trade secrets and tortious interference lawsuit relating to licenses for intellectual property covering biotechnology products.
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Representing a client in a putative class action arbitration involving civil conspiracy, civil RICO, unfair trade practices and unjust enrichment claims. We successfully litigated the enforceability of the arbitration clause before the
United States District Court, where the plaintiffs originally filed their lawsuit, and ultimately were successful in having the court’s ruling affirmed on appeal. We are currently litigating class certification issues before the arbitration panel.
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Represented a large public company in the consumer finance industry and its business in a series of federal and state court actions involving claims of consumer law violations including the Equal Credit
Opportunity Act, the Consumer Fraud and Deceptive Business Practices Act, and the Collection Agency Act.
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Represented a national bank and interest swap dealer in an action by a customer alleging fraud, breach of contract, unfair competition and securities violations in connection with the sale of a $32 million interest rate swap.
We prevailed on behalf of our client at an arbitration before three retired justices of the California Court of Appeal, which awarded our client its attorneys’ fees and costs of suit. When we sought to confirm the arbitration award as a judgment, the trial judge who initially compelled the matter to arbitration recused himself and the award was subsequently voided by the new trial judge. We appealed this ruling and ultimately prevailed at the Court of Appeal.
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Represented a public energy company in complex arbitration concerning a material adverse change provision in a stock purchase agreement pursuant to which our client was to acquire an equipment leasing company. The case was favorably resolved.
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Representing a real estate financing company in multiple federal and state jurisdictions in connection with hundreds of millions of dollars of complex contractual and commercial disputes between itself, its borrowers
and third parties arising from underlying business transactions and the loans for those transactions.
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Representing one of the nation’s largest banks and various of its subsidiaries in a lawsuit alleging that our client and another bank engaged in a conspiracy to defraud a university into engaging in over $90 million of synthetic fixed rate financing.
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Represented a national lender in dozens of lawsuits against originators and sellers of subprime loans seeking to enforce their contractual obligation to repurchase those loans.
To date, the repurchase lawsuits have resulted in millions of dollars of judgments and settlements in favor of our client.
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Represented an international finance firm in connection with federal court litigation brought by a hedge fund seeking to recover damages for failure to deliver Venezuelan warrants attached to Brady Bonds.
We conducted EMTA resolution and successfully settled the case.
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Represented a lender in multiple disputes involving default on loans and issues relating to control of a large resort condominium
development. In response to a suit by multiple potential purchasers for specific performance of sale agreements, we successfully expunged lis pendens recorded against the property by the plaintiffs' counsel and obtained judgment, which included an attorneys' fee award in favor of our client. The case resulted in a published opinion by the California Third District Court of Appeals.
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Represented a lender that had acquired a large undeveloped tract of residential property by deed in lieu of
foreclosure in an action brought by a grading contractor for breach of contract. The plaintiff sought over $8 million for supposed extra work on a $17 million contract. We obtained a judgment in favor of the owner, which included an award of over $1.6 million in attorneys' fees and costs.
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