We handle a wide variety of complex litigation, including contractual disputes, antitrust and trade regulation, appellate, consumer class action and commercial, insurance coverage, Internet and e-commerce, products liability and life sciences, banking, and environmental issues. In addition to formidable trial expertise, we also utilize various types of alternative dispute resolution (ADR) and mediation.
Our attorneys offer counseling for pre-litigation and litigation issues by assessing the risks and rewards of your legal situation. Our litigation counseling can be a useful supplement to lead counsel. Whether your case involves business litigation, contract disputes, or any other area of litigation, we have the legal knowledge and experience to meet your clients’ needs.
Our trial lawyers are dedicated to fighting hard for you. We understand the dynamics of what is required to succeed. We tackle the toughest problems in court; and we win them for our clients.
Whether protecting a company’s valued intellectual property assets, or defending a retailer against unfair business practices by their Internet competitors, or suing a company for similar violations on behalf of a plaintiff (or class), Harrison Barnes capitalizes on the client’s existing technology resources.
Harrison Barnes has earned a reputation for aggressive, efficient, and, most importantly, successful litigation. An increasingly important part of our practice is arbitration, negotiation, and alternative dispute resolution; methods which help to translate into successful case resolution for our clients. We are vigilant in our pursuit of the most economical and efficient methods of resolving our clients’ litigation issues – a results-oriented approach to litigation, planned to anticipate the expectations of our clients and to meet their business needs.
We help clients resolve disputes in state, federal, and international courts. We solve high-stakes and high-profile business and commercial disputes which often include claims that involve fraud, breach of fiduciary duty, breach of trust, negligence, breach of contract, unfair competition, director and officer liability, and other matters.
An increasingly important part our practice is arbitration, negotiation, and alternative dispute resolution; methods which help to translate into successful case resolution for our clients. We regularly handle arbitrations of all sizes, from simple two-party disputes to complex, multimillion-dollar proceedings involving numerous parties. We are vigilant in our pursuit of the most economical and efficient methods of resolving our clients’ litigation issues – a results-oriented approach to litigation, planned to anticipate the expectations of our clients and to meet their business needs.
We counsel companies on policies and procedures which, if adopted, could help prevent valued trade secrets from falling into the hands of competitors. We propose proactive steps that range from new employee hiring policies to improved systems and security measures. We frequently hold executive briefings for clients that explore the spectrum of strategies they can take to protect their trade secrets from walking out the door with their employees.
Past trade secret battles have involved state-of-the-art optical networking, access, and other telecommunications technology, software, ASIC designs, disk drive technology, biotechnology, customer information, and an array of other technical, business, strategic planning, marketing, and employee issues.
We specialize in employee misappropriation, inevitable disclosure, employee raiding, non-compete agreements, industrial espionage, competitor and licensee misappropriation, international trade secret theft, and anti-competitive misuse of trade secret and other IP litigation.
In this age of spin-off and start-up companies, employee mobility, and intense domestic and international competition, Harrison Barnes prosecutes and defends trade secret cases for leading Internet, e-commerce, technology companies, retailers, and financial institutions.
Success in trade secret and unfair competition cases often requires rapid preparation for or against a temporary restraining order or preliminary injunction. Harrison Barnes’s track record of victories at the TRO and preliminary injunction stages – in state and federal courts and before arbitration panels across the country – reflects our aggressive, results-oriented litigation style.
We have expertise finding flaws in plaintiffs’ cases and then using these flaws effectively in defense of our clients, whether to oppose class certification or to allow strategic class certification so that we can obtain final resolution through a structured settlement. We also have experience prosecuting class actions on behalf of plaintiffs.
We have extensive experience defending against unfair competition and breach of warranty claims, whether brought individually or as a class action.
Corporations invest substantial premium dollars to buy insurance policies meant to protect the corporation’s assets and so its shareholders in the event of loss. When substantial losses occur, insurers who long ago pocketed those premium dollars have little incentive to provide the promised coverage. As a result, insurers and their claims adjusters and lawyers will throw up legal and other hurdles in the way of the corporation’s insurance claim and often, perhaps more often than any other business that deals in contracts, provoke or resort to litigation rather than honor their contractual obligations.
Harrison Barnes’s Insurance Coverage group prosecutes and, when necessary, litigates insurance claims.
We focus on the following types of insurance policies:
We have handled numerous large, complex claims against such policies, including mass products liability claims (ranging from asbestos-containing insulation to milk, and including coverage for product recall expenses) and widespread environmental contamination (ranging from oil refineries to municipal drinking wells).
We have advised clients, negotiated with D&O insurers, and litigated over coverage for and defense obligations relating to securities fraud and other financial fraud claims. We have handled such matters in connection with entity policies, as well.
Policies that directly cover the corporation’s physical assets in the case of damage caused by all manner of perils – land subsidence, earthquake, windstorm, fire, flooding, vandalism, explosion, etc. – provide the most basic coverage which often comes into dispute. So-called first-party insurance claims present tricky issues relating to sworn statements, proof of loss, and other adjustment issues which often require the involvement of outside counsel long before any concrete dispute arises.
Traditional CGL policies’ “personal injury” provisions (including “advertising injury”), and newer forms of “Internet” insurance policies, provide coverage for copyright infringement, trademark/trade dress infringement, piracy, patent offenses, invasion of privacy, and service failures, as well as other intangible property losses.
This insurance broadly covers financial losses resulting from business interruptions attributed to all manner of causes. Such losses present difficult economic issues and disputes over causation. We have advised and litigated on behalf of clients seeking to recover on their insurance asset in the wake of interruptions resulting from power failures, natural disasters, strikes, etc.
We have handled malpractice insurance claims on behalf of law firms and other professional organizations. We also have advised numerous clients with regard to the E&O aspects of the new Internet policies and software/technology policies which have recently come onto the market.
Several insurance companies issue policies that specifically protect employers against wrongful termination and other claims arising out of the employment relationship. Harrison Barnes has a highly developed expertise in employment matters, and has counseled many clients and pursued a great number of claims against such insurance policies.
We have counseled numerous clients, such as The Parsons Company, regarding claims to insurance coverage for liabilities arising out of alleged construction defects.
Bankers Blanket bonds and other types of fidelity bonds protect the corporation against the consequences of employee malfeasance of various kinds. We have handled such claims on behalf of financial institutions, and have counseled Internet companies with regard to such coverages in the e-commerce context.
In addition, Harrison Barnes has substantial expertise in identifying and prosecuting “bad faith” claims against insurance companies that have breached their fiduciary obligations to policyholders.
We have provided “endgame” solutions for established and emerging companies. From Fortune 500 companies to technology startups, Harrison Barnes helps resolve enterprise-threatening products liability litigation. We have tried claims in individual and class settings, and managed mass tort litigation nationwide in cases involving asbestos, silicone breast implants, keyboards, contaminated food products, diet drugs, cell phones, and firearms.
We have managed tort claims in high-profile cases involving pharmaceutical products, pesticides, chemicals, medical devices, and other types of implants.
We have the knowledge and foresight to resolve disputes in or out of the courtroom. And we do so with the understanding that we will also litigate the plaintiff’s side of the case, and win there too.
Harrison Barnes can counsel clients on issues ranging from collusion, price fixing and discrimination to unfair competition and bid rigging. But our commitment extends far beyond litigation support for antitrust and trade regulation cases. Our primary goal is to provide strategic business counsel for our clients, to help craft action plans and policies that help avoid long and costly courtroom battles. Results of these regular corporate counseling sessions can be measured by the fact that the vast majority of our clients rarely encounter regulatory problems or litigation issues.
Harrison Barnes brings a breadth and depth of experience in appellate litigation that is unsurpassed by other law firms in the Malibu area. Because we count a former federal court clerks among our ranks, we are able to view matters from the perspective of the reviewing court, bringing in significant trial court experience, as well. Clients benefit from the depth and breadth of Harrison Barnes’s practice and industry focus, especially in cases when an appeal presents issues dealing with specialty areas of the law. All of this is channeled toward the creation of efficient and effective appellate strategies, and work product that avoids the tendency towards an “ivory tower” approach to appellate litigation.
We work with established and emerging companies in a range of industries to address their changing environmental compliance and litigation needs. Our range of environmental management and tested trial expertise-services together provide clients with the counsel needed for addressing today’s broad range of environmental business and law issues.
Our experience as trial attorneys enables us to recognize and prevail on critical litigation issues early on in a case and, as a result, are often able to reduce the time and money spent on unnecessary discovery.
We counsel clients regarding state and federal regulations of air, water and hazardous substances and waste, as well as compliance issues relating to corporate transactions.
We can also assist in addressing required elements of ISO 14000, voluntary standards designed to assist businesses in becoming more environmentally responsible, and ISO 14001 specification standards. Clients participating in our Environmental Management Co-op program have realized considerable savings through reduced liability and regulatory oversight exposure and have been able to keep costs associated with materials, hazardous waste and insurance financing in check.
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