Cowles and Thompson

Commercial / Business Litigation

Litigation is the foundation of Cowles & Thompson. Our business acumen and courtroom experience gives our clients a distinct advantage, while our size allows us to provide the personalized service and attention they expect. Our hallmarks:

Client focus. We work to understand the client’s business and client-specific needs and goals.
Nimble, personalized service and attention.
Thorough research. The ability to dive deeply into complex business issues and strategic challenges that characterize business litigation.
Responsive. Able to respond on short notice, to seek or oppose an emergency restraining order or handle a short-fuse court proceeding.

We have the experience to respond effectively.

We represent commercial clients in disputes involving contracts, securities, employer/employee issues, real estate, construction, environmental issues, unfair competition, and creditors’ remedies. We aggressively handle all types of commercial cases from small contract disputes to complex class-action matters.

Representative Matters:

Representation of a major U.S. retailer in class action, commercial and construction litigation.

Tried to verdict and recovered seven-figure damages against general contractor for defective subgrade construction;
Successfully defended a putative collective action challenging the overtime classification of assistant store managers;
Tried, appealed and successfully defended a putative class action suit by medical professionals;
Successfully recovered damages from a national manufacturer for deficient membrane roofs.

Defense of an international law firm in a putative class action and receiver lawsuit alleging billions of dollars in losses related to a financial fraud case. Obtained dismissal of the class claims.
On-going representation in state court litigation against commercial landlord in wrongful eviction suit where our client, a national fast-food franchisee, was wrongfully evicted for an alleged non-monetary breach of lease.
Represented the owner of a commercial building in a multi-party dispute over defective construction. Tried to a jury verdict in federal court in Mississippi against the architect, geotech engineer, and general contractor. Obtained a seven-figure judgment and settlements in favor of the client.
$48 million Judgment, affirmed on appeal, for defrauded investors in a dispute involving several failed real estate developments.
Defended client in federal court litigation in Dallas, Texas arising out of dispute over possession of cell phone tower, including claims of successor liability to previous owner of towers.
Take-nothing Judgment in favor of a major developer of wind-powered electricity in defense of a $30+ million liquidated damage claim for breach of a power purchase agreement.
Successful trial of claims brought by a motion picture company for breach of a licensing agreement to exploit the Academy Award-winning film Monster.

Key Areas of Commercial Litigation Experience:

Contract disputes: breach of warranty, defective products, failure to perform, noncompete agreements, and collections
Business tort claims: fraud, deceptive trade practices, defamation, duress, breach of fiduciary duty/duty of good faith, tortuous interference, and unfair competition
Complex litigation: multi-party cases, multidistrict litigation
Construction litigation: defective design and construction, environmental contamination, lien claims
Intellectual property litigation: trademarks, trade names, copyrights, patents, and trade secrets
Technology litigation: breaches of computer hardware, software, or computer services contracts
Employment litigation: retaliatory discharge, sexual harassment, breach of contract, unfair competition, racial discrimination, noncompete agreements, and theft, misuse, or misappropriation of assets or confidential information
Environmental law
Ownership Disputes between shareholders, co-tenants, and partners
Lender-borrower disputes: usury, lender liability, real estate valuation, and deficiency suits
Real estate litigation: lien claims; construction defects; boundary, easement, or possession disputes; condemnation; and landlord/tenant claims
Oil and gas litigation
Extraordinary and equitable relief: temporary restraining orders; temporary and permanent injunctions; distress warrants; and writs of re-entry, attachment, garnishment, possession, sequestration, and execution
Municipal litigation: eminent domain, zoning disputes, and land use

First, understand the client.

Our trial attorneys are trained to listen first, and to learn the client’s business and objectives. We know that handling difficult litigation matters requires not only a thorough knowledge of relevant areas of law, but also a complete understanding of our clients’ goals. We work with each of our clients to assess the issues and risks and devise a litigation plan that best suits each client.

Section Head: Sim Israeloff