CIVIL LITIGATION AND DISPUTE RESOLUTION

Our strength lies in having successfully merged our seasoned attorneys' overlapping and complimentary practice areas in business transactions, succession and estate planning, real estate, employment and litigation. We work well together to provide a complete and efficient dispute resolution service to businesses and their owners. We litigate cases in the state and federal courts at the trial and appellate level, as well as before administrative agencies, but we also advocate for our clients through ADR, including all forms of court annexed and private arbitration and mediation. Where possible, we encourage good, old fashioned, negotiation to resolve problems. We also actively counsel our business clients in litigation avoidance.

I. Business Disputes, Litigation and Litigation Avoidance

The following are examples of the type of business disputes that we have recently and are currently handling for domestic and foreign businesses of all sizes and structures and their owners in many industries, including chemical, publishing, real estate development, aircraft manufacturing and component parts, labeling, fitness, marine and food, to name a few:

Disputes between or among business owners

• The business or business owner that must separate from one or more other owners, sometimes referred to as a "business divorce"
• Disputes over shareholder agreements, operating agreements and partnership agreements
• Shareholder oppression and derivative claims in which minority shareholders seek vindication individually and on behalf of the corporation
• Claims of theft, conversion, fraud, breach of fiduciary duty and unjust enrichment (seeking damages, accountings, constructive trusts, declaratory judgments and injunctions)
• Valuation, dissolution and winding up, dissociation

Disputes and issues between the business and its employees (employment and discrimination litigation)

• Defense of employee discrimination and wrongful discharge claims (e.g., Title VII, ADEA, ADA, FMLA) whether pending before the EEOC and CHRO or in state or federal court
• Employee violation of covenants not to compete, solicit or to disclose confidential information, including trade secrets
• Unemployment and overtime wage claims
• Employee theft and misconduct
• Employee applicant issues (e.g., screening and background checks)
• Employee manuals and terms and conditions of employment

Disputes between the business and third parties

• Breach of contract cases (e.g., failure to pay or perform services or provide goods)
• Trademark and trade name infringement and unfair competition
• Interference with contract and business relations
• Commercial lease disputes
• Trespass and property damage
• Personal injury and wrongful death defense

Please contact us to arrange a consultation with counsel.

II. Employment & Discrimination Law and Litigation

Employment law encompasses a broad range of issues affecting virtually every aspect of the employer-employee relationship. Every company needs to be aware of the potential pitfalls that may either facilitate an employee's ability to make a claim of unfair or illegal treatment or that may compromise an employer's ability to mount a successful defense to that claim.

Our firm has attorneys who are experienced in providing advice to companies in a variety of contexts in order to avoid or reduce an employer's exposure to employment or discrimination litigation and, if necessary, to provide an effective defense to employment related lawsuits.

Employee claims may be pursued in a variety of different forums:

• State administrative agencies (e.g., the Connecticut Department of Labor's Division of Wage & Workplace Standards, the Connecticut Department of Labor's Unemployment Compensation Department or Employment Security Appeals Division, the Connecticut Workers' Compensation Commission, or the Connecticut Commission On Human Rights & Opportunities).
• Federal administrative agencies (e.g., the United States Department of Labor or the Equal Employment Opportunities Commission).
• State or federal trial or appellate courts.

Our attorneys have experience in each of these settings.

Each type of claim has distinctly different procedures for prosecution and defense. In addition, each forum has different advantages, as the relief available may differ depending on where a claim is filed. Our attorneys know how to maneuver among these different forums and, where possible, to select that forum most desirable.

Issues arise daily under state and federal wage and hour laws concerning:

• an employer's duties with respect to the payment of wages.
• an employee's entitlement to wages or the payment of fringe benefits on termination.
• an employee's entitlement to overtime pay (i.e., whether an individual may be considered an "exempt" or "non exempt" employee).
• meal period or work break requirements.
• whether someone is an employee or an independent contractor.

Every company needs to be aware of the need to define and document the terms and conditions of employment in order to avoid subsequent claims for breach of contract. Such claims may arise from:

• a poorly worded employee manual;
• a letter offering employment; or
• an oral promise made in advance of employment.

Every company needs to know how to avoid or to defend against potential claims of discrimination or workplace harassment (e.g., race, gender, sexual harassment, age, national origin, disability and retaliation) arising under a variety of state and federal statutes, e.g.,

• The Connecticut Fair Employment Practices Act ("CFEPA").
• Title VII of the Civil Rights Act of 1964 ("Title VII").
• The Age Discrimination in Employment Act of 1967 ("ADEA").
• The Americans with Disabilities Act ("ADA").

Our attorneys have the ability to counsel employers concerning how best to proceed in order to minimize the likelihood of such claims, as well as the experience to defend against such claims in the event that they are filed.

Our attorneys have experience with other statutes that affect the employment relationship as well:

• The Connecticut Personnel Records Act.
• The state and federal Family and Medical Leave acts.
• The Connecticut Free Speech Statute.
• The Connecticut Whistleblower Statute.

Finally, the termination of employment is an area with specific "dos" and "don'ts." Our attorneys have experience in counseling companies in whether and how to terminate employment. In certain situations, a general release and separation agreement may be advisable. Such documents, however, have specific requirements, depending on an employee's age, and the failure to follow these requirements may invalidate the release. Sometimes, a release may not be necessary at all or inadvisable. In addition, the way in which employment is terminated can be critical, as certain claims can be created during the termination process, depending on what is said or if the termination process is clumsy or is perceived as abusive.

It is our hope that the firm's close attention to our clients' needs will in many cases avoid the filing of discrimination or employment related claims altogether. In the event that such claims cannot be avoided, however, we are well equipped to represent companies at every stage of the proceeding and in whatever forum may be involved.

III. Aviation and Aerospace Litigation Defense

Aviation and aerospace litigation defense covers a broad spectrum:

• Domestic and foreign air crashes resulting in wrongful death and personal injury.
• Incidents of air turbulence, hijacking, terrorism, emergency evacuations, alleged food poisoning and even the simple trip/slip and fall on the aircraft or in the airport.
• Overbooked flights/denied boarding, travel delays, lost baggage, alleged discrimination and even assaults among passengers.
• Commercial losses to shippers and consignees caused by alleged damage, loss or delay of their cargo.
• Hull losses sustained by the owner of the aircraft and its subrogated insurers.
• Products liability claims involving component part manufacturers.

Aviation related matters are often not resolved under local state law, but are governed by international treaties, intercarrier agreements, contractual terms and conditions and federal statutes and regulations. When an accident arises during international air carriage, it may be governed by a treaty known as the Montreal Convention. Where a foreign carrier defendant is owned by its government, certain aspects of the litigation are governed by the Foreign Sovereign Immunities Act. Serious incidents occurring in the United Sates require governmental investigation by the National Transportation Safety Board. Foreign accidents are investigated by the aviation authority of the foreign state, in some cases pursuant to the protocols of the International Civil Aviation Organization (ICAO), a specialized agency of the United Nations. The governmental investigation and reports required in response to aviation accidents impact the handling of private litigation related thereto.

Actions filed in jurisdictions having little connection with the incident may be subject to defenses based on lack of jurisdiction or forum non conveniens. Aviation and aerospace cases often require the court to make difficult choice of law determinations, such as when the plaintiff(s) and defendant(s) are domiciled in different states or countries and the incident occurs in yet a another jurisdiction. Purely commercial damages arising from damage to an aviation and aerospace product may be limited by the economic loss rule. Cases arising from the same or similar events that have been filed in different jurisdictions may be transferred to a single court for consolidated pretrial proceedings in accordance with federal rules governing multidistrict litigation.

Effective representation in these matters requires experience in traditional aspects of federal and state court litigation, as well as the ever evolving body of aviation and aerospace law. One of our principals has practiced for over twenty years in this area of the law defending domestic and international aviation and aerospace companies and their insurers in multiple jurisdictions throughout the United States. We are well positioned to handle these matters, either as lead counsel or as local Connecticut, New York or U.S. counsel to the national or non-U.S. attorneys who act as direct legal representatives to the carrier, manufacturer or their insurers.

We also provide experienced legal representation in a variety of uninsured aviation and aerospace related matters. Our attorneys have tried employment discrimination disputes for foreign air carriers, negotiated contract disputes between aircraft manufacturers, drafted commercial airport leases and space use agreements and represented aircraft component parts manufacturers in derivative shareholder litigation.

We are committed to working closely with our clients to achieve the most effective resolution of their aviation and aerospace related disputes and we invite you to contact us to discuss whether we may assist you.

IV. Litigation Related To Specific Practice Areas

In addition to the specific types of litigation described above, we regularly represent clients in litigation related to some of our other practice areas, such as, probate court litigation (e.g., will contests, charitable trust amendments), property tax appeals, landlord/tenant and commercial lease disputes resulting in eviction actions