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Commercial Litigation/Directors & Officers

FMG's Commercial Litigation/Directors & Officers Section works with clients of all sizes covering the full spectrum of large and sophisticated commercial litigation. Often, these disputes involve complex business or financial transactions, multi-jurisdictional claims and numerous plaintiffs and defendants.

Commercial Litigation/Directors & Officers Professionals

Alternative Dispute Resolution (ADR)

As the threat of runaway verdicts and the costs of litigation have increased, so has an employer’s desire to develop practices that reduce or even avoid such a possibility. Our group’s lawyers work closely with employers to design and implement enforceable ADR programs (including mediation and arbitration proceedings) and frequently represent clients in these forums in complex litigation matters.

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Banking and Financial Transaction Litigation

FMG's Banking and Financial Institutions practice group has extensive experience representing banks, investment advisors, broker-dealers, credit unions, and many other federally insured financial institutions, as well as their Directors and Officers.

Our lawyers have represented financial institutions across a wide spectrum of compliance and litigation matters. Our experience has included regulatory and litigation matters with federal agencies such as the FDIC, OCC, FRS, OTS and NCUA. We also represent a variety of financial advisors and professionals in FINRA disputes.

Our attorneys also provide assistance in regulatory applications to the Federal banking agencies, as well as defensive assistance in personal civil liability actions instituted against officers and directors of financial institutions for alleged breaches of their legal duties and responsibilities as officers or directors of such institutions.

We also have defended matters concerning memorandums of understanding, supervisory agreements, cease and desist orders, civil money penalties, orders of suspension, prohibition and removal orders, restitution orders, and orders terminating FDIC deposit insurance coverage.

Our team of Financial Institution lawyers consists of experienced advocates for bankers and creditors, enforcing their rights in all chapters under the bankruptcy code, banking regulatory matters, and collecting the debts that are owed to banks and financial institutions. Our team also defends claims for wrongful foreclosure and for violations of the Equal Credit Opportunity Act.

Our clients in this area include financial institutions, as well a businesses, both large and small. Our attorneys represent creditors in all types of collection proceedings, litigating claims to judgments, garnishment, discovering and attaching assets among other services. Our lawyers regularly represent banks and creditors in the following proceedings or actions:

  • Loan Documentation;
  • Loan Workouts and Restructuring;
  • UCC Article 9 Secured Transactions;
  • Mortgages;
  • Foreclosures;
  • Collection Actions;
  • Repossessions; and
  • Regulatory compliance.
In addition, the attorneys at FMG have represented financial institutions in matters involving general liability, labor and employment issues, commercial litigation, contract disputes, and insurance disputes, including issues relating to coverage questions, D&O insurance, E&O insurance, and procurement of insurance by brokers and agents.

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Business Torts and RICO Actions

FMG attorneys regularly represent clients in a variety of the inevitable lawsuits, whether by consumers, suppliers, or competitors, that have become a common part of doing business. FMG attorneys represent clients in claims involving fraud, bad faith, unfair dealings, consumer protection, defamation, commodities disputes, manufacturers and supply-chain claims, RICO actions, and interference with business contracts. Wherever business is done and conflicts arise, FMG is there to facilitate the best possible resolution for our clients.

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Class Actions

Our law firm has decades of experience in dealing with class action claims. Our attorneys have the trial experience, depth of staffing, organizational skills, and knowledge of technology to aggressively litigate class-wide litigation. Our reputation as one of the top litigation firms in the region makes us ideally suited to handle such complex litigation.

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Contract Disputes

FMG lawyers have represented clients in a variety of commercial contract disputes, including claims under the Uniform Commercial Code, purchase and sale of businesses, contracts for the sale or development of intellectual property, consumer protection issues, “buyer’s remorse” claims, construction contracts, employment agreements, and partnership disputes. Our lawyers have handled all types of cases involving debts, security interests, loan disputes, and contracts for the sale of goods.

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Corporate Litigation

FMG attorneys represent employers of all sizes in general corporate litigation that virtually every company confronts in today’s litigious world. Our experience encompasses all aspects of commercial disputes, contract claims, and business torts. Our lawyers are routinely involved in the pursuit and defense of breach of contract claims, breach of warranties, Uniform Commercial Code disputes, claims for indemnity, breach of fiduciary duty, interference with potential business advantage, and breach of employment covenants.

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Dealer and Franchise Litigation

FMG recognizes that our clients are under increasing pressure to maximize efficiencies and control costs to remain competitive in a global economy. Our lawyers have substantial experience in handling the often contentious relationships between companies and their franchisees and dealers. From contractual disputes to product liability claims, our lawyers serve our clients, which include manufacturers of heavy machinery, consumer products, and hospitality and food products throughout the United States, as well as automobile dealerships. Each company we represent faces unique challenges and has its own specific legal needs. Our lawyers bring together experience in multiple practice areas to provide our clients with comprehensive litigation representation.

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Directors & Officers Liability

FMG's Directors and Officers (D&O) liability practice group includes attorneys from all of our offices and provides specialized defense for the directors and officers of private, public and non-profit organizations. Talented directors and officers are at their best when they can take strategic risks without excessive liability hanging over their heads. This is the guiding principle which our D&O team fights to protect. Our experienced trial attorneys bring decades of courtroom and litigation experience to protecting individuals, directors, and officers against losses that may result from alleged errors in judgement, breaches of duty, or other wrongful acts in the course of their work.

The FMG team handles cases professional liability cases involving high-stakes, complex claims. While most of the claims we handle arise from D&O policies, insurers that underwrite D&O insurance typically also underwrite errors & omissions (E&O) insurance for business professionals, financial institutions and financial services firms, as well as investment banks, investment advisors, accounting firms, and law firms. Therefore, we regularly handle large E&O claims involving the same kinds of underlying litigation and governmental investigation claims activity that involve D&O policies. We also assist in drafting policies and endorsements as well as in identifying risk management and risk evaluation tools to assist insurers in better managing these insured exposures. Lawyers in our D&O Practice Group are also regularly involved in educational and insurance industry programs and seminars for D&O insurance professionals dealing with cutting-edge issues in the law and in the D&O marketplace.

Our experience also includes claims for officer or director breach of duty, including insolvency claims, breach of fiduciary obligations under ERISA, employment disputes, misstatement of financial reports, negligent acts with respect to avoiding damages to company property, and misuse of company funds.

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Emerging Businesses

Our lawyers have particular experience advising new and emerging businesses on the difficult issues employers face during the initial stages and growth of their companies. We are able to assist in the preparation and development of corporate documents from basic incorporation to employment policies such as employee handbooks, workplace policies, employment agreements, restrictive covenants, separation agreements, and arbitration agreements. We also advise employers on best practices and compliance with various local, state, and federal laws and regulations, which often can be overwhelming to new businesses.

We pride ourselves on our reputation for being not just legal advisors, but also integral and valued members of each client's business team. In order to anticipate and meet our clients' needs, we invest the time needed to learn each client's business and industry.

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Errors & Omissions

FMG's E&O practice team handles a wide array of professional negligence claims. Our seasoned trial attorneys have defended and tried to verdict numerous cases throughout the country. Our attorneys defend insureds of over 30 national carriers providing coverage for accountants, doctors, dentists, lawyers, insurance agents, real estate agents, teachers, architects, engineers, clergy, corporate officers, and other professionals.

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False Claims Act

FMG's attorneys aggressively and effectively defend clients facing False Claims Act and other whistleblower investigations, enforcement actions, civil litigation and other related matters. These claims against federal contractors accused of defrauding the government pose significant financial exposure. Our attorneys have a demonstrated record of success in defending corporations, executives and insureds in these claims.

We have been at the forefront of this area of the law, and our experience ensures our clients can effectively respond to investigations and successfully litigate actions pursued by whistleblowers or the government. Whether it is the DOJ, State Attorney Generals or private litigants in Qui Tam cases, with FMG at your side, you have the representation you need to win or successfully resolve these high-exposure and complex claims.

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Healthcare

Today's healthcare industry operates in one of the most regulated, complex, and rapidly changing business sectors. Our attorneys have the trial skills, healthcare industry experience, and substantive knowledge needed to handle the array of complex legal issues confronting institutional providers and healthcare professionals.

Our healthcare practice team represents hospitals, physician groups, long-term care facilities, nursing homes, medical staffing entities, medical technology providers and many other medical providers and allied health institutions. We also represent physicians, nurses, and allied health professionals in all aspects of their respective professions, including claims for professional negligence. Our attorneys have successfully defended these medical providers in federal and state courts, as well as credential and licensing cases, throughout the country.

Our team also handles the many business issues encountered by providers including employment, risk management, construction, regulatory matters, insurance and commercial litigation matters.

From pre-trial investigations through trial, to appeals before state and federal courts, we are well positioned to help you through the entire litigation process. The wide range of matters we provide counsel on includes federal and state False Claims legislation, anti-kickback statutes, the Patient Protection and Affordable Care Act (PPACA), Stark Law, as well as off-label marketing issues, payor-provider disputes, commercial disputes for health care providers, medical staff issues, practice group disputes, representation before licensing boards, and administrative hearings relating to potential suspension, exclusion, and penalties.

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Intellectual Property

The world of intellectual property law is complex and rapidly changing in many areas. Obtaining and protecting the hard work and investment of an entrepreneur, artist and company's intellectual property, including trademarks, copyrights, and trade secrets, in any medium, is a priority for many. FMG's experienced attorneys assist in this process from application to enforcement to defense of alleged infringement. Each situation is unique and requires individual strategies for protecting the rights and interests of those involved. From counseling to litigation, FMG provides services in the areas of trademark and service mark, copyright, internet/e-commerce and trade secrets.

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Internet/E-commerce

Online business and the laws governing it may be one of the fastest moving areas of the law today. FMG has dedicated attorneys working to protect our client's interests in the World Wide Web and in cyberspace. Domain name acquisition and management, along with web site development, can lead to claims of infringement of copyrights or trademarks, advertising injury, or unfair competition. FMG can counsel and defend its clients in the unique issues that arise through the use of the Internet, not only in defending litigation, but in preventative measures including the development of privacy and security policies, internet and intranet usage policies, and license agreements.

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Media, Advertising and Entertainment

FMG's Media, Advertising and Entertainment team provides counseling and defense for the full array of legal challenges to businesses and professionals involved in the creation, production, distribution, publication and broadcast of film, print and electronic content. Whether the business model is a traditional entertainment, media, or advertising business or the latest digital platform, the ever changing legal landscape requires an experienced team of attorneys well versed in the myriad of modern legal claims such as business interruptions, copyright and trademark, directors and officer claims, social media, defamation, data breaches, contract disputes, employment claims, and catastrophic accidents.

The FMG team has faced virtually every type of legal issue encountered in representation media, entertainment and advertising businesses, including so called "news gathering torts," negligent hiring and supervision, invasion of privacy or publicity, copyright, trademark, title, slogan infringement, unfair competition and usurpation of business opportunities, misappropriation and plagiarism. We also have defended and prosecuted breach of license to use a third party's intellectual property, libel, slander and defamation including contextual error claims, and cases concerning breach of agreement to maintain the confidentiality of sources.

We also routinely handle Errors and Omissions claims as well as property damage and negligence claims. And, our practice group works in tandem with our nationally renown Data Privacy and Breach team in all aspects of cyber breaches, breach counseling and forensic examinations.

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Non-Competition and Trade Secrets

FMG attorneys have years of experience defending and prosecuting trade secret litigation, as well as other time-sensitive matters involving potential confidential information disclosure, customer and employee raiding, and violations of covenants not to solicit customers or covenants not to compete. We work with clients in preparing effective non-disclosure, non-solicitation and non-competition agreements. Our attorneys also assist clients in conducting audits of their proprietary information to ascertain the types of information afforded protection under the law and what steps employers need to take to gain that protection. We also work with companies to avoid possible liability which may result when companies hire employees with post-employment restrictions on their activities or employees with knowledge of their competitors’ confidential information and trade secrets.

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Real Estate Litigation

FMG lawyers have extensive experience in representing clients in real estate disputes involving title and land disputes, purchase and sales contracts, commercial retail evictions, appraisals, adverse possession claims, trespass and nuisance claims, landlord-tenant disputes, zoning disputes, sign disputes, construction matters, and design defect claims. Our lawyers work closely with our clients in these types of case to ensure that the clients’ interests are protected.

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Real Property and Title Claims

FMG is deeply rooted in the real estate industry. Our attorneys have extensive experience representing real estate and title professionals and also property appraisers in matters alleging errors and omissions, negligence and fraud.

Our team's practice include an array of title claims and challenges involving real and personal property. We also have a substantial practice involving commercial tax appeals and other real estate-related disputes. Our lawyers business knowledge ensures the best outcome for your case. Our attorneys also provide extensive counseling and training on risk management practices in order to prevent and avoid claims.

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Technology

FMG's Technology practice team provides a range of legal services focused on the special needs of technology companies, whose business operations are often time-sensitive and touch upon many different areas of law.

Our clients run the gamut from large, established technology businesses, to emerging growth companies, to individual entrepreneurs and their financial institutions and investors.

We represent our clients in a range of emerging issues and disputes unique to technology companies. FMG will be your aggressive partner to counsel and defend you as you navigate through the perilous times when litigation or the threat of litigation raises the specter of lost opportunities that cannot be regained.

Our counseling and litigation experience includes:

  • 3D Printing
  • Blockchain and cryptocurrency
  • Data security, privacy and breach
  • Defamation, blogging and product disparagement
  • Errors and omissions
  • Employment and Incentives
  • Financial technology
  • Healthcare information technology
  • Intellectual property
  • Internet of Things (IoT)
  • Licensing
  • Life Sciences
  • Manufacturing agreements
  • Medical products and devices
  • Officers and directors
  • Payments
  • Professional liability
  • Research and development
  • Restrictive covenants and non solicitations
  • Sales and distribution
  • Social media
  • Technology litigation
  • Telecommunications
  • Trademark and copyrights
  • UAS/UAV/Drone
  • Wages and Overtime
  • Workplace policies

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FMG can assist clients in trademark/service mark counseling, selection, prosecution, enforcement and defense. Our services include performing searches to determine whether names and marks are available and then filing and prosecuting the appropriate application with the US Patent and Trademark Office get obtain the registration. Once obtained, FMG assists in the policing and enforcement of the registrations for their clients. In addition, counseling and drafting of agreements for licensing, transfer and assignment are handled by our experienced attorneys.

FMG also assists its clients in the establishment of ownership and registration of their copyrighted works. We work to enforce client's rights and defend against infringement claims while addressing issues such as fair use, joint ownership, work for hire matters, and damages. FMG will assist our clients in the licensing, transfer or assignment of their portfolio as it meets their business needs.

If our clients receive cease and desist notices, service of litigation, or government notices of opposition or cancellation proceedings, FMG is there to defend and protect the interests of our clients. Trademark and trade dress litigation, alleged dilution or infringement, unfair trade practices or false advertising, and the accusation of the theft and sale of trade secrets are all matters within the skill set of our attorneys.

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TROs and Injunctions

FMG lawyers understand that immediate action is needed in many instances to serve our clients’ interests. Our lawyers have the ability and resources to move quickly to obtain TROs and injunctions in matters where imminent harm to a client may occur. Our lawyers are well known to the judges and courts in our region and bring the credibility necessary to obtain immediate results to enjoin or restrain parties acting against our clients’ interests.

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