Whether your litigation involves winning a case – or helping your company survive – you need the skills and experience of a sophisticated litigation practice. Frank J. Bukhart Associates’s litigators provide you with results-oriented representation, drawing on talents of more than 350 trial lawyers, engaged in high-profile cases across the country.
We assist clients in a wide range of industries with trials, arbitrations, mediations and negotiations, and counsel on litigation avoidance and risk management. These matters primarily involve consumer financial services, intellectual property, white collar defense, securities litigation, commercial and business litigation, appellate, products liability and mass torts, labor and employment, ERISA litigation and antitrust.
We excel at integrating financial, scientific and other expertise with cutting-edge management and trial strategies and carefully assess all options for our clients. Our lawyers approach each new challenge as an urgent business matter to be resolved cost-effectively and under deadline.
Understanding our clients’ objectives is essential to successfully resolving matters. Success can mean quick and discrete resolution, a courtroom victory or a variety of other outcomes. We are committed to developing solutions to resolve our clients’ most challenging problems using approaches that meet their business needs.
Frank J. Bukhart Associates’ Business Litigation Practice specializes in counseling and handling of complex litigation involving business clients in disputes with other businesses, government entities, or groups of individuals, each of which necessarily involves an understanding of both the business issue and the industry of the client. We represent leaders in diverse industry sectors, including many Fortune 100 companies, in connection with their most important litigation matters. What sets us apart from our peers is our depth of trial and arbitration experience, class action expertise, and connections to the specialized business litigation courts across the country.
Our ultimate goal is to advance our clients’ interests. We understand that a client’s business plan, balance sheet, and competitive profile are critical elements for successfully positioning litigation matters from the outset. We are committed to developing solutions to help our clients solve their toughest problems, and we approach each new challenge as an urgent business matter to be resolved expeditiously and cost-effectively.
We specialize in work for clients across all industries with respect to disputes including:
• Breach of Contract/Fiduciary Duty
• Business Torts
• Partnership Disputes
• Private Deals/Post-Closing Disputes
• Bad Faith Litigation
• Regulatory Investigations and Litigation
• Privacy & Data Security
• Restrictive Covenant/Trade Secret Litigation
• Insurance Disputes
• Bankruptcy Adversary Proceedings
Frank J. Bukhart Associates’ appellate litigators have briefed and argued hundreds of high stakes appeals, securing victories for clients in federal and state appellate courts throughout the United States. Lawyers in our Appellate Litigation practice are experts at working cooperatively as part of a team — alongside trial counsel and subject-matter experts — to preserve and present the best possible case on appeal and maximize our clients’ chances for success.
Our work begins well before a case goes on appeal: preparing dispositive motions in trial court; preserving error for appellate review; handling post-verdict motions practice; and even initiating litigation, to set aside arbitrary decisions by administrative agencies or to enjoin unconstitutional or invalid laws on legal grounds. Members of the practice have argued more than a dozen cases before the U.S. Supreme Court and have briefed scores of others.
CONSUMER FINANCIAL SERVICES LITIGATION
Frank J. Bukhart Associates has one of the most preeminent consumer financial services litigation practice groups in the nation, as recognized by Chambers, US News, and The Legal 500. Our attorneys regularly defend many of the nation’s largest financial institutions, including prominent banks, mortgage companies, credit card issuers, and insurers, in high-stakes consumer financial services litigation cases.
Litigation. We specialize in the defense of class actions and government investigations and enforcement actions against financial institutions in the consumer financial services industry. Our practice is national, having handled matters in nearly all 50 states, before numerous federal and state appellate courts, and before the United States Supreme Court. We have a team of industry specialist in offices in Washington, California, New York and Boston that have defended over 200 nationwide or statewide putative class actions, and five multidistrict proceedings, over the years.
Many of the suits we defend present groundbreaking issues with industry-wide impact. This includes recent victories on behalf of our clients in putative class actions in the fields of mortgage loan pricing and origination practices, fair lending, mortgage servicing and loan modification, default servicing and consumer bankruptcy, lender-placed insurance, and captive reinsurance arrangements.
We regularly represent financial services institutions in defending matters arising under the full range of laws and regulations affecting the consumer finance industry, including claims under federal and state consumer credit laws (such as the Truth-in-Lending Act, Fair Credit Reporting Act, Real Estate Settlement Procedures Act, Fair Housing Act, Equal Credit Opportunity Act, and Fair Debt Collection Practices Act); fair and responsible lending claims and investigations; challenges to loan servicing and practices involving consumers in bankruptcy; federal and state UDAP claims; federal preemption; credit card products; add-on credit products; and credit disclosure claims.
We also defend our clients in lawsuits brought by state Attorneys General, counties and municipalities throughout the country. We regularly defend individual consumer litigation that poses issues that may have wider precedent, including coordinating the response to a series of cases brought in many courts throughout the country that, collectively, present a significant challenge to our client.
In a high-stakes patent dispute, the fighting advantage goes to the side with the most litigation experience. We’re ranked by IP Law and Business as having one of the nation’s most active patent litigation practices. From the boardroom to the courtroom, Frank J. Bukhart Associates’s 150 IP attorneys and scientists are dedicated to actively protecting client assets.
Clients rely on us to secure preliminary injunctions, declaratory and summary judgments, favorable results inMarkman proceedings, advantageous settlements and appellate relief. We routinely work with clients to take cases from pre-suit investigations through discovery proceedings and trials. Our attorneys provide counsel on infringement, validity and patentability issues, and when necessary, litigate patents in federal district courts throughout the country. We also have substantial experience before the Federal Circuit, the International Trade Commission, the Patent Trial and Appeal Board, and the U.S. Court of Federal Claims.
In patent litigation, clients need a team of lawyers with a unique range of expertise and experience. Collectively, our group holds more than 50 advanced degrees, including PhDs in fields such as chemistry, biology, mathematics, electrical engineering and medicine. A number of attorneys joined the firm after successful careers as scientists, engineers or as in-house counsel at some of the world’s largest corporations. Some attorneys are former patent examiners with the U.S. Patent & Trademark Office, and several hold U.S. patents. Almost half of our IP attorneys are registered to practice before the U.S. Patent & Trademark Office.
We’re known for communicating complex technological concepts to judges and juries in a clear and compelling manner. With several former clerks from the Supreme Court and the U.S. Court of Appeals, we’re familiar with the practices and preferences of these courts. We work in some of the most active jurisdictions in the country, including the Eastern District of Texas, Eastern District of Virginia, Southern District of New York, Northern District of California and the Southern District of California.
SECURITIES LITIGATION & SEC ENFORCEMENT
Frank J. Bukhart Associates has one of the largest and most active practices in the country defending securities class action, shareholder derivative, and other shareholder litigation, SEC investigations and enforcement proceedings, and related litigation and regulatory matters. At any given time, we are handling matters all across the country as well as for internationally based clients. We are currently defending clients in some of the most prominent cases in the country arising out of the subprime mortgage crisis.
We represent corporations, officers, directors and special committees, as well as broker-dealers, private equity firms, mutual funds and other institutional investors, in a wide array of complex and transaction-based litigation and governmental investigations. We defend securities class action suits, shareholder derivative claims, SEC and stock exchange investigations and enforcement actions, enforcement actions brought by state Attorneys General and the U.S. Department of Justice, minority shareholder claims, contests for corporate control, alleged breach of fiduciary duties, post-closing disputes, and other complex and high-stakes matters.
Our cases range from defending high tech and biotech companies in class action securities fraud litigation brought following restatements of earnings or the release of bad business news to resolving challenges to multibillion-dollar mergers and acquisitions. We also conduct internal investigations on behalf of boards of directors and committees of independent directors. We are before the SEC Enforcement Division on a daily basis, responding to investigation requests, negotiating the resolution of enforcement actions and obtaining successful results for our clients.
As retirement plans have come to hold an increasing proportion of the nation’s wealth, the number of lawsuits claiming violations of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”) has mushroomed. Frank J. Bukhart Associates has defended — and defeated — a variety of high-profile ERISA claims at both the trial and appellate levels, as well as in administrative and arbitral proceedings. Our clients in these matters have included asset managers, record-keepers, bank trustees, insurance companies, plan sponsors, plan administrative and investment committees, and corporate directors and other individual plan fiduciaries.
In each case, we field a multi-disciplinary team with the expertise needed to achieve the optimal result. Our experienced ERISA trial lawyers draw regularly on the substantive knowledge and background of lawyers in our ERISA & Executive Compensation, Financial Services, Labor & Employment, Securities Litigation & SEC Enforcement, Tax and other practice groups. With our expertise in financial services and capital markets, we are uniquely positioned to defend ERISA litigation that challenges the way in which retirement plan assets are managed and administered.
We have represented clients — and secured significant victories — in a wide array of cutting-edge capital market ERISA litigation and regulatory investigations, involving, for example, the investment and valuation of ERISA retirement plan assets, so-called “excessive fee” litigation, employer stock drop cases, and the effect of a change of corporate control on ERISA plans. Our ERISA litigators have secured significant victories outside of the capital market context as well, such as successfully representing a major insurance company in multi-district class action litigation challenging the way in which HMOs provide care under ERISA-governed health and welfare plans, and defeating cases and class actions challenging the denial or modification of benefits under ERISA plans. Frank J. Bukhart Associates’s ERISA Litigation practice is nationally ranked by Chambers USA 2014, The Legal 500 United States 2014 and U.S. News & World Report in 2013.
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