CORPORATE GOVERNANCE LITIGATION

The Firm is actively involved in handling litigation for corporate plaintiffs concerning issues of fiduciary duties of directors, officers and shareholders; capital formation; mergers and acquisitions; securities; and issues arising under stockholder and other agreements.  Increasingly, the Firm has been retained to handle litigation for these corporate plaintiffs on a contingent fee basis. We have found that while corporate counsel tend to be reluctant to deviate from tried and true hourly billing procedures, and unaccustomed to working with a "plaintiff's firm," a contingent fee structure ensures the proper incentives and often works to further the corporation's interests.  Although certain issues can arise in these commercial lawsuits that present difficulties in the calculation of a percentage-based attorneys' fee (e.g., patent, trademark and copyright litigation, handling of counterclaims, the value of injunctive relief or licensing rights), we thus far always have been able to create satisfactory arrangements that are fair to everyone.

FOR MORE INFORMATION, PLEASE CONTACT:

James E. Miller

James C. Shah

Scott R. Shepherd