Litigation

Why Choate for high stakes litigation?


Founded as a litigation firm more than 100 years ago, Choate has long been recognized as a “go to” firm for complex, high stakes disputes.  Led by experienced trial lawyers and empowered by Choate’s single office model, our team of sixty-plus litigators is highly collaborative and intensely focused on effectively advocating our clients’ interests.  The depth of our litigation talent enables us to successfully handle the largest cases; our model gives us the agility to remain focused on our clients’ business objectives.  We have no ‘one size fits all’ approach to managing major disputes.  Our litigators can and do try cases, positioning our clients to achieve better results in both settlements and verdicts. 

In addition to handling major commercial disputes that arise in the course of our clients’ businesses, our litigators have extensive expertise in several specialized areas of litigation.  Our litigation specialties include:

Intellectual Property.  Choate’s IP litigation team is renowned for its work with leading technology and life sciences companies on a wide range of matters, including patent litigation, disputes concerning IP ownership or derivation, and contract disputes (relating to licenses, collaborations, manufacturing agreements, etc.).  Choate's trial lawyers bring partner-level intensity to each of their cases, including pre-litigation and due diligence counseling, as well as outcome-driven litigation and trial strategies.  We provide a collaborative and interdisciplinary team including litigators, prosecutors, technical advisors and/or corporate or deal specialists who work closely with our clients to achieve their goals—developing targeted strategies to avoid litigation, or crafting the most powerful positions if litigations do move forward.  We serve as lead counsel in major patent cases, including securing a damages verdict of over $45 million for a market leader in internet content delivery.

Government Enforcement and White Collar Defense.  Choate’s Government Enforcement & Compliance Group has an extensive track record of resolving matters at the earliest possible stage, without indictment or trial and without publicity.  Major global corporations and their executives trust us with their most significant and high stakes matters.  Our team has significant prosecutorial backgrounds, including three partners who are former Assistant US Attorneys.  We are healthcare fraud experts, with over two decades of healthcare industry experience.  For example, we recently represented one of the world’s largest pharmaceutical companies in a government investigation regarding its voluntary withdrawal of a product—one of the most extensive healthcare fraud investigations ever conducted by the Department of Justice.  We also represent prominent public and private companies, officers and directors in financial fraud related matters, and have handled FCPA matters for Fortune 500 companies.
 
Insurance & Reinsurance.  Choate’s Insurance & Reinsurance Group is trusted by national and multinational insurers, reinsurers and intermediaries to handle their complex litigation, arbitration and bankruptcy proceedings.  We have appeared in more than 200 cases and arbitrations, and our clients include AIG, The Hartford, John Hancock, Liberty Mutual, Manulife, MassMutual and Travelers.  The practice is top ranked by Reactions, who named Choate the #1 reinsurance and litigation firm in 2012.

Securities, Corporate Governance and Shareholder Disputes.  Choate provides business-oriented, targeted corporate governance guidance in high stakes issues such as disclosure, enforcement, investigations, transactions, proxy contests and takeover planning.  We minimize director liability by proactively facilitating the timely adoption of current best practices and staying abreast of evolving trends.  Our sophisticated securities litigation group gets involved early to consult on any sensitive or contentious corporate governance matter—the goal is to deflect litigation before it begins.  We have consistently succeeded in derailing cases early through motions to dismiss, avoiding expensive and time-consuming discovery.

Private Equity and Venture Capital-Related Mergers and Acquisitions Litigation.  Choate litigators have substantial experience prosecuting and defending disputes stemming from private M&A transactions, including those involving working capital, earnout, business valuations and complex indemnification disputes in trial courts and arbitration forums. Our experience and strategies have resulted in eight-figure recoveries.  We regularly work with accounting experts, and put our own high level of corporate finance knowledge and business experience to work for our clients.  We also work closely with our transactional colleagues and clients on the front end of deals in an effort to avoid disputes so that our clients can minimize the hard dollar expense and the substantial distraction costs of litigation, and focus on developing their portfolio company’s business. 

Complex Trial and Appellate. Choate’s Complex Trial and Appellate Group helps sophisticated clients resolve their most challenging business disputes through litigation, including trials, arbitrations, appeals and settlements.  We pride ourselves on our ability to learn and understand a client’s business and the unique issues it faces, apply our skills and experience to the problem at hand, and help achieve the best resolution possible.  Although many disputes and resolved amicably through negotiation, the best results are often achieved by preparing cases for trial.  Working closely with clients, our team has developed extensive experience and outstanding results in a wide range of business disputes, including complex contract, breach of fiduciary duty, professional negligence, products liability and other tort claims, ranging from two-party disputes through large class actions and multi-district litigation matters.  Our clients range from fortune 100 companies to start-ups to universities; from major law firms to individuals.  We work as plaintiffs and as defendants.  We pride ourselves on being true American “barristers.”

Trial Lawyers, Not Just Litigators

It is a simple fact that many big firm litigators rarely, if ever, try cases.  Not so with Choate’s litigators.  We have an established track record of trying cases to conclusion.  Our clients understand that our willingness and ability to try cases, and our reputation for winning cases, gives them significant leverage in resolving disputes.  Our opponents understand this as well.

Case Management

Litigation costs have skyrocketed in recent years, fueled by exponential increases in e-discovery and ever-increasing hourly rates.  As a consequence, clients have become very focused on managing litigation costs.  Our clients appreciate our ability to manage the litigation process and its associated costs.  Our model is not (and never has been) built on leveraging large cases by throwing endless bodies at document reviews and research tasks.  Rather, our partner-centric, relatively unleveraged approach empowers our litigators to work with clients to apply judgment, proportionality and creativity to the problems presented by large litigation.  On the e-discovery front, we have never relied upon huge document reviews as a profit center; rather, we have focused on creative ways to address the often prohibitive costs of processing ever increasing amounts of documents and data.  For example, we have been ahead of the curve in utilizing new technologies to solve the problem created by technology—i.e., the explosion of data—often saving our clients millions of dollars compared to traditional discovery approaches.

We routinely find that our efficient and effective  approach to big cases delivers best of class results at materially lower overall costs relative to our competitors.  We do not shy away from working within budgets or alternative fee arrangements—we like having ‘skin in the game’ along with our clients.

Critical Mass

While we do not reflexively staff all cases with large numbers of lawyers, we have proven time and again that we have the resources to handle extremely large cases. 

Geographic Scope

Our clients want us handling their litigations, arbitrations and mediations, wherever they take place.  And when local counsel is required, they appreciate our flexibility in being able to select the attorney most suited for the case, and not being tied to using a satellite office.  As a result, our litigation practice is truly national in scope.  We have litigated cases in 45 states, and internationally.

Lawyers’ Litigators

Our litigation team has a well-earned reputation in the legal community for being smart, strategic, aggressive, and result-oriented advocates.  As a result, we are frequently engaged by other law firms when they are sued, and to assist other firms when clients cannot risk losing.

 

Thank you for reaching out to contact Choate. Before you send your message, we wanted to make sure you are aware of the following. Please do not send any confidential information in response to this link. Sending an e-mail to Choate does not give rise to an attorney-client relationship, and will not be deemed to disqualify Choate from undertaking any engagement for a current or future client.  Before any attorney-client engagement may be formed, Choate will need to check for possible conflicts of interest, you will need to consider whether you wish to retain Choate as counsel, and we will need to consider whether we wish to accept the potential engagement. In the meantime, Choate reserves the right to represent parties with interests adverse to you.

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