Disputes / Litigation
We focus on resolving clients' legal disputes, with a style calibrated to a client's ultimate objective. Often this means finding creative, sometimes non-monetary, solutions that address the concerns of all parties so that the client can move on to bigger and better things—like running a business or organization, making money, or living happily ever after under the circumstances.
While sometimes litigation is unavoidable, often it is avoidable, and worth avoiding. Litigation is typically time-consuming, protracted, expensive, invasive, and distracting. The results are often unpredictable and unsatisfying. That is why a negotiated resolution of a dispute is often best, if it can be accomplished. It allows for the solution to involve more than just money, which is generally the only remedy available in litigation. Both sides, however, need to be willing and reasonable for a negotiated resolution to be attained.
Prospective clients sometimes think the best way to get the result they want is by engaging an “aggressive litigator.” Aggressiveness is a strategy that sometimes can be appropriate; often it is counter-productive and can perpetuate a dispute into a costly, protracted, and unnecessary battle that causes distraction, stress, and expense for both sides. While such an approach is necessary or unavoidable in certain instances, often it can do more harm than good for the client.
Our job is to advise the client on the best strategy based on years of experience litigating and resolving disputes of all shapes and sizes. Ultimately, it is the client's decision on how to proceed.
If and when the client wants a fair resolution above all else, we will vigorously engage with the other side to find a creative solution so that everyone can move on. Sometimes this can happen at the outset. Sometimes it can occur only after litigation has begun due to the positions and desires of the parties, and need for more information.
We have broad experience in a wide range of matters, including those involving commercial contract disputes, business divorce, defamation and privacy law, employment litigation, insurance coverage disputes on behalf of policyholders, business torts, intellectual property law (e.g., copyright, trademark, patent), and professional disciplinary matters involving lawyers, doctors, and actuaries (e.g., before the Actuarial Board for Counseling and Discipline (ABCD)), among others.
DAVID WACHEN ON DISPUTES
Represented--through pre-litigation negotiations, discovery, motions practice, jury trial, and settlement--purchaser of $105M office building against major bank (Capitol Justice, LLC v. Wachovia Corp., U.S. Dist. Ct., D.D.C.)