Freeman, Freeman & Smiley LLP

Service Details

Business Litigation and Dispute Resolution

Freeman Freeman & Smiley, LLP's business litigation attorneys are skilled in the resolution of disputes at all stages, working across a broad spectrum of business disputes representing a variety of clients, ranging from Fortune 500, national, and international companies to local business, individuals, investors and partnerships, joint ventures and closely-held corporations. Our philosophy is to pursue our clients' goals efficiently and cost-effectively while bringing the matter to a swift resolution.

Our business litigation experience include:

  • Breach of Contract disputes
  • Business torts
  • Unfair competition actions
  • Trade secret disputes
  • Unfair trade practices
  • Antitrust
  • Partnership and corporate dissolutions, as well as accounting and alter ego actions
  • Intellectual property disputes, including claims of patent, trademark and copyright infringement
  • Defamation and trade disparagement
  • Tax controversies, including income tax claims and property tax assessment appeals
  • Entertainment industry disputes, including producer/talent disputes, and licensing disputes
  • Property liability claims
  • Banking law and lender liability actions, including large collection actions, involving writs of attachment, injunctions, restraining orders and other provisional remedies
  • Malicious prosecution claims
  • Lender and mortgage broker disputes

Representative Clients and Matters

  • Tried and defeated claims of breach of contract, breach of fiduciary duty and declaratory relief brought by plaintiffs who sought to both obtain control of the clients' intellectual property rights and secure a large monetary award.
  • Obtained recovery of over $1,000,000 on behalf of an ice cream manufacturer in a breach of contract action arising from a dispute involving a distribution agreement.
  • The defense of a civil penalty action brought by the Justice Department against management personnel relating to claims of Savings and Loan fraud and other tortious misconduct.
  • The defense of a large nationwide retail business chain in a class action lawsuit, in which the case was first ordered to binding arbitration and then settled for a nominal sum, well below the anticipated costs of defense.
  • The defense of a Trustee for a family trust owner/nationwide distributor of products, involving claims of breach of fiduciary duty and mismanagement arising out of a multi-million dollar recapitalization.
  • The defense and prosecution of claims for unfair competition, unfair business practices and injunctive relief in state and federal courts.

Presentations & Publications

  • "Conflicts of Interest from a Risk Management and Ethics Viewpoint" | 2014 NSCP Regional Meeting | February 2014
  • "Proper Use of Client Assets: Soft Dollars and Hard Money Payments" | 2013 NSCP National Meeting | August 2013