Finn Dixon & Herling LLP

Commercial Litigation

Finn Dixon & Herling's litigation practice ranges from the representation of large, sophisticated business clients in complex contract disputes to the defense of small, privately-held companies against claims for theft of trade secrets. We also represent clients in mediations, arbitrations and other alternative dispute resolution proceedings. Our litigators have extensive experience in state and federal courts. As a result, we frequently work with major out-of-state firms in cases that require Connecticut counsel.

Contract Disputes
Given the commercial nature of our practice, much of our litigation experience arises from representing clients in contract disputes. These action are as varied as the agreements from which they arise, ranging from a suit for an alleged breach of a music festival sponsorship agreement to a claim under a distributorship agreement relating to allegedly hazardous toasters.

Fraud, Business Torts and Government Investigations
We have considerable experience in litigating financial fraud, business torts and unfair trade practices cases. We also represent clients in related federal and state investigations, including deposition testimony, document productions and grand jury testimony. In connection with intellectual property counsel, we also litigate trademark, copyright, patent and trade dress infringement actions.

Corporate Governance
We frequently represent clients in matters that result from the dissolution of business relationships, such as claims of minority shareholders and suits for breach of fiduciary duty. While much of this corporate governance litigation arises in the context of closely-held corporations, we also represent officers and directors of large publicly-held companies and shareholders in professional corporations.

Employment Litigation
Our employment litigation practice involves matters before state and federal agencies as well as in the courts. Matters range from actions for breach of restrictive covenants and other employment contract claims to suits for wrongful discharge and employment discrimination. We also advise our clients on employment law issues apart from litigation, such as structuring severance arrangements and developing policy manuals to mitigate future litigation risk.

Creditors' Rights
We represent creditors in bankruptcy related litigation. We represent creditors who are actively participating on creditors' committees, and we defend creditors who are named defendants in adversary proceedings. We pursue actions on notes, mortgages, guarantees, and other instruments, enforce foreign and domestic judgments, challenge fraudulent transfers and foreclose mortgages. We also advise creditors in initiating involuntary bankruptcy proceedings or other actions to preserve assets.

Consumer Finance
We represent institutional finance companies in state and federal courtactions, including class action lawsuits, on consumer loans, retail installment contracts and consumer leases. We defend these clients against claims relating to violation of truth-in-lending and fair debt reporting laws, allegations ofunfair trade practices, and litigation arising out of the repossession and resale of consumer goods collateral. Our consumer finance litigation practice complements our corporate consumer finance and lending practice.

Administrative Proceedings
Our experience in administrative proceedings ranges from litigating personal property tax appeals involving complex public utility property to representing private complainants before state agencies. We defend wage and hour claims brought against our clients in agency proceedings and pursue remedies on behalf of our clients before industry self-regulatory organizations.

Appellate Practice
Our firm has significant experience in federal and state appellate courts. Our appellate record includes the successful representation of the petitioner before the United States Supreme Court in FortGratiot Sanitary Landfill, Inc. v. Michigan Department of Natural Resources,504 U.S. 353 (1992), and the appellant before the Connecticut Supreme Court in United Illuminating Co. v. City of New Haven,240 Conn. 422 (1997).

Dispute Resolution and Risk Management
Though we are experienced litigators, we focus on resolving disputes without litigation, finding business solutions to business disputes, and avoiding wasteful gamesmanship and escalation. Through our Dispute Resolution and Risk Management team-with cross-disciplinary experience as litigators and transactional attorneys-we approach disputes with a primary emphasis on our clients' overall business objectives, while at the same time asserting and safeguarding the client's rights in litigation. We have experience helping clients settle disputes before claims are filed, resolve protracted litigation, manage litigation exposure from disputes involving portfolio companies and third-parties, confront crises and special risks, and prepare for potential litigation by developing electronic discovery and document retention strategies.

Our professionals also have broad experience in formal alternative dispute resolution techniques, including court-sponsored mediation and arbitration under the rules of the American Arbitration Association and JAMS. Members of our litigation practice have themselves served as neutrals in commercial disputes, including as mediators and attorney trial referees.