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Telecommunications | Toxic Tort
Litigation
The attorneys in the Commercial Litigation
practice represent clients in all manner of business difficulties
that concern corporations, both large and small, and individuals.
With more than seventy-five commercial litigators, our practice
is one of the largest in the region. We regularly handle
cases ranging from large, complex national class actions
to smaller landlord-tenant disputes. We appear before federal
and state trial and appellate courts, as well as federal
and state regulatory agencies and boards. Our experience
has led us to represent defendants in multi-million dollar
toxic tort class actions, major bankruptcies, construction
defect claims concerning several of the region’s more prominent
structures, high profile breach of contract actions, and
significant securities cases. At the same time, our firm
readily assists clients in "lower profile," but equally
significant matters.
As commercial litigators,
we have a great depth of experience in every field of civil
litigation. We have tried cases that focus on bankruptcy,
banking, broker-dealer disputes, construction controversies,
corporate problems, environmental issues, the hotel/hospitality
industry, gaming, lender liability, oil and gas law, real
estate, securities, tax, and toxic torts. Several lawyers
in the group also specialize in criminal defense work, in
particular "white collar" cases.
We are sensitive
that a trial is not the only way to resolve a dispute. With
our clients’ ultimate objective in mind, we explore the
advantages and the disadvantages of litigation, as well
as various forms of alternative dispute resolution, including
mediation, mini-trials, and binding and non-binding arbitrations.
Many of our lawyers are arbitrators and/or mediators. We
believe that our clients benefit from their experiences
and views.
We also represent
clients at all the stages of the appellate process. We have
particular expertise in the United States Fifth Circuit
and in the appellate courts in Texas, Louisiana, and Mississippi.
Our partners in this practice include a former justice of
the Supreme Court of Mississippi, one former clerk for
a justice of the Supreme Court of the United States, a former
judge of the First Circuit Court of Appeal in Louisiana,
and several former clerks for judges of the federal and
the states’ appellate and trial courts.
With nearly 150
years of litigation history, Phelps Dunbar has obtained
a reputation for excellence that has earned acknowledgment
from the bench and bar. We are adept at responding to emergency
situations our clients may unexpectedly encounter, particularly
those requiring immediate court intervention.
The firm has as
a resource a sophisticated technology department that assists
our litigators in organizing and preparing an automated
document retrieval system and in the digital presentations
of exhibits in court.
We have trained
our staff and support personnel to assist our clients through
the many perils of difficult lawsuits. We are acutely aware
of the expenses in litigation and we work with our clients
to establish budgets and goals and to contain and/or reduce
costs.
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Some of the areas of focus within our commercial litigation
practice include:
Our litigators have extensive administrative law experience.
We have represented clients involved in disputes concerning
licensing, zoning, tax issues, oil and gas matters, and
other substantive areas requiring them to follow procedures
outlined in various administrative codes and statutes. For
example, the firm has successfully represented clients before
the Louisiana Commissioner of Conservation, the Louisiana
Tax Commission, the New Orleans City Council, and other
administrative bodies.
The attorneys
in our antitrust and trade practices area counsel and represent
individuals, companies, and associations, both as plaintiffs
and defendants, regarding all facets of the federal and
the state antitrust laws (illegal combinations and agreements,
market shares, and predatory and discriminatory pricing,
for examples). Our attorneys also advise and represent clients
regarding unfair business practices, unfair competition
and other areas of the laws concerning trade regulation.
We represent clients in both federal and state courts.
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Attorneys practicing in our
banking practice group provide representation to banks and
other institutional lenders and loan servicers with respect
to structure, documentation, and enforcement of all types
of credit facilities, by both state and national authorities,
as well as to all aspects of the regulatory oversight (state
and federal) of these institutions. These practitioners
have counseled leading local and regional lending institutions
(including both state and federally chartered consumer and
commercial financiers) in Louisiana, Texas, and Mississippi.
They also regularly handle the prosecution and the defense
of deposit and collection matters, consumer and commercial
foreclosures, debt-restructurings, lender bad faith claims,
contract disputes, consumer fraud claims, truth in lending
disputes, fair debt collection claims, and other issues
of creditors' rights. Our banking group is also experienced
in handling complex lender-liability issues, securities
disputes, and all aspects of bankruptcy and insolvency proceedings.
The firm's banking lawyers are adept at handling other matters
of special interest to lending institutions as well, including
the following: the defense of bank and savings and loan
officers and directors; regulatory and securities matters
involving banks and bank holding companies; disputes implicating
various aspects of the National Bank Act, FIRREA, and other
landmark financial legislation; and numerous other matters
of unique interest to lenders. Recently, the firm represented
several prominent regional and national banking and insurance
interests in connection with consumer class action litigation
directed to alleged misconduct in connection with the force-placement
of collateral protection insurance in motor vehicle sales
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Our practice in the securities
industry involves counseling and representing brokerage
firms, representatives and principals of broker/dealer firms,
and clients/customers of brokerage firms. We advise clients
about the federal and the state laws and regulations, as
well as the rules and the regulations of various SROs, relative
to all facets of trades and transactions of all exchanges
and over the counter products (including various derivative
instruments/investments). We have in-depth experience in
representing registered representatives in connection with
investigations and/or hearings that the National Association
of Security Dealers (“NASD”) conducts. We also have represented
a number of persons and entities presenting claims against
brokerage firms that raised these issues: Rule 10b-5, the
“suitability” doctrine, fraud, the “Blue Sky” laws of Louisiana,
the Securities Act of 1933, the Securities and Exchange
Act of 1934, and the rules of the New York Stock Exchange
and NASD. Our lawyers in this practice area, in putting
together their cases in litigation/arbitration, work closely
with financial experts in analyzing the activities of the
exchanges, the currency markets, the over-the-counter products
(for instance, “swaps” and options (puts and calls)), and
the emerging investment and debt strategies.
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Our lawyers handle
a wide variety of business disputes involving claims of
commercial misconduct, including unfair trade practices,
trade secret infringement, interference with contracts or
business opportunities, commercial defamation, breach of
fiduciary duty, contract fraud, tortious misrepresentation,
lender liability, unfair debt collection practices, and
civil RICO violations. We have represented clients in business
tort suits implicating sophisticated legal issues arising
under federal and state law in cases of local, regional,
and national significance, both in the context of individual
lawsuits and in the context of multi-party and class action
proceedings.
Our attorneys in this practice area benefit from the
firm's state-of-the-art technology and information systems,
and the many logistical resources offered through the firm's
seven regional offices in Texas, Louisiana, Mississippi, and
Florida.
As a result, we are uniquely situated effectively and efficiently
to handle business tort litigation of all sizes, including
those posing even the most extreme discovery and documentation
demands.
We have successfully represented clients in a variety of
industries/businesses, including the following: commercial
and consumer lending; telecommunications; brokerage and
investment; insurance; information technology; petrochemical
manufacturing; petroleum exploration, drilling, refining,
and transportation; and a vast spectrum of national and
regional manufacturers, wholesalers, retailers and service
providers. In the course of these representations, the firm
has achieved an uncommon level of distinction, realizing
beneficial results for clients at the trial and appellate
levels in both state and federal forums. Our business torts
practitioners have also cultivated extensive experience
representing clients in nontraditional proceedings, including
mediation and arbitration.top
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The firm's commercial
litigators offer skills and experience handling a full range
of contract claims involving numerous industries, including
oil and gas, petrochemical, transportation, utilities, telecommunications,
banking, medical and health services, insurance, maritime,
and hospitality and gaming. Recent representative lawsuits
include the alleged breach of a South American furrier's
requirements contracts, the alleged breach of coastal mineral
rights leases, and a multi-million dollar dispute over the
alleged breach of a software licensing agreement.
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Our commercial litigation
attorneys have vast experience litigating matters involving
publicly held companies, closely-held corporations, limited
liability companies, partnerships and joint ventures on
issues ranging from proxy fights and tender offers to alleged
violations of federal and state securities laws. Our clients
have included individual and corporate investors, parties
to contested corporate takeovers, directors and officers,
brokers and brokerage houses, and professionals who have
rendered advice concerning securities transactions.
Some of our commercial litigation partners act as "general
counsel" to closely-held corporations, advising them on
shareholder issues and litigation avoidance techniques.
We have handled securities-related class actions and derivative
cases, and regularly represent corporate officers and directors
against allegations of breach of fiduciary duty. In connection
with this practice area, our litigators have tried cases
to judges, juries and panels of arbitrators.
Sample securities cases include our representation of a
publicly-held corporation in an injunction proceeding concerning
noncompliance with a corporate merger agreement and our
representation of directors and officers of a former savings
and loan association against allegations of breach of fiduciary
duty by RTC/FDIC. We also recently represented several brokerage
firms in national class action "order flow" litigation,
and the shareholders of closely-held company in disputes
concerning stock ownership.
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Our Internet and technology
practice has kept pace with the development of e-commerce
and cyber law issues. We advise clients on a number of topics,
including the following: privacy issues arising out of the
use of the Internet in the workplace; privacy and defamation
claims arising out of the anonymous posting of confidential
and proprietary information on the Web; copyright, trademark
and other intellectual property law matters unique to the
Internet; and concerns relating to contracts with Internet
Service Providers (ISPs) and Webmasters.
The following is a sample of our clients in this area: a
computer software company seeking the appeal of an adverse
judgment on its claim of copyright infringement against
a former customer and another computer software company;
a financial institution seeking the removal of anonymous
postings that disclosed confidential commercial information;
a health care provider needing advice regarding the initial
posting of its web site; and a utility defending against
a multimillion dollar claim of breach of contract involving
the technology transfer of a computer software system to
a start-up value added reseller.
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Phelps Dunbar has represented
media organizations and others on First Amendment issues
for decades. Our media clients include television stations,
television networks, newspapers, magazines and book publishers.
We litigate defamation actions, invasion of privacy and
other news gathering torts, negligent publication claims
and other publication causes of action, such as infliction
of emotional distress, interference with contractual relations,
and breach of contract. We routinely assert the reporter's
privilege when objecting to or moving to quash subpoenas
served upon media clients, and handle litigation involving
media access issues, such as open meetings, public records,
closed courtrooms, gag orders, prior restraints, and sealed
court records. Our lawyers also regularly advise media clients
regarding pre-publication and pre-broadcast review.
Recent successes include the following: the first appellate
decision in Louisiana post-Gertz holding that constitutional
actual malice is the appropriate standard in cases that
involve public concern but not public figures or public
officials; a federal appellate decision interpreting Louisiana
law to hold that the broadcast of sex acts by a priest was
"newsworthy" and hence not an actionable invasion of privacy;
and a decision of a federal district court unsealing a court
record that had been sealed for several years.
We are active in the Media Law Resource Center's (MLRC)
Defense Counsel Section. The firm authors or co-authors
the Louisiana and Mississippi outlines for the MLRC 50-State
Survey of Employment Libel and Privacy Law, the MLRC 50-State
Survey of Media Privacy and Related Law, and Tapping Officials
Secrets, a public meetings and records handbook published
by the Reporters Committee for Freedom of the Press.
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When litigation expectations
are not fulfilled, more litigation often ensues. Our litigators
who handle professional malpractice deal with this reality.
Due at least in part to the firm's long-standing reputation
of excellence in the legal community, we have frequently
represented attorneys against malpractice claims. In one
lawsuit, we successfully represented a New Orleans law firm.
The court required the plaintiff to pay the firm damages
for the wrongfully filing the suit.
Our construction litigators also have vast experience representing
design professionals in professional malpractice matters.
Architects, engineers, contractors and subcontractors frequently
obtain professional liability advice from our construction
lawyers, some of whom have undergraduate design degrees.
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From classic lease contests
to the exotic vagaries of Louisiana servitude law, our commercial
litigation practice has extensive experience in handling
an array of property disputes. Our lawyers frequently take
on commercial and residential landlord-tenant claims, evictions,
contested foreclosures, succession (estate) contests, claims
between adjoining landowners over their respective rights
and obligations, as well as the defense of expropriation
actions by public agencies.
We have also been involved in zoning and land use issues.
We have litigated subdivision restrictions and challenged
the constitutionality of administrative procedures. To this
end, our lawyers are knowledgeable about current developments
of both substantive and procedural natures, as well as the
historic antecedents of Louisiana's civil law system, which
give rise to a variety of unique land rights issues.
By no means limited to real property disputes, our attorneys
also handle contests over personal property rights, including
succession disputes and claims of adverse ownership. Giving
definition to the nature of property as well, our lawyers
also have litigated what property is "real" or "moveable."
As needed, our lawyers can rely upon the skill of their
Phelps Dunbar colleagues who focus their practice on bankruptcy,
construction, intellectual property, admiralty, and energy/oil
and gas matters to assist in resolving particular claims.
The diversity of the firm's practice areas allows us to
represent clients ranging from individuals as owners or
tenants, to huge multinational corporations feuding over
billion-dollar transactions. We also represent the owners
of major office buildings, industrial complexes, and shopping
centers, national retail chains, financial institutions,
and large private landowners.
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Our telecommunications practice
offers representation across the full spectrum of legal
issues affecting the telecommunications industry. Practitioners
in this area bring a unique, multi-disciplinary background
to bear in advising clients about federal, state, and local
laws and regulations, as well as in representing clients
before courts and local regulatory agencies in all manner
of formal and informal proceedings.
Our telecommunications attorneys are also uniquely situated
to assist businesses at the fringe of the wire-line and
wireless telecommunications fields concerning laws and regulations
that govern the operations of communications service providers.
With the explosive growth and evolution of internet-based
commerce, the experience of these practitioners provides
an invaluable resource to businesses seeking to foster and
exploit short-lived innovations, while effectively addressing
and resolving governmental regulatory concerns.
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