Representative
Cases and Matters
Commercial litigation
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Represented an auto dealer’s challenge to a manufacturer’s refusal to consent to the sale and relocation of a luxury automotive franchise, which culminated in the manufacturer’s payment of a record settlement to our dealer client.
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Represented a limited partnership and general partner in a breach of contract and fraud action brought by a limited partner, and subsequently negotiated a buy-out of the limited partner and dismissal of all claims.
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Represented a Fortune 50 company in a suit brought against the purchaser of used computer equipment which inadvertently contained confidential and proprietary software.
Appellate litigation
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Prevailed at trial in
U.S. District court, and on appeal to the Fourth circuit, in the defense of a local company against a multinational corporation’s attempt to enforce a disputed non-competition agreement.
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Successfully represented a large national company in federal litigation and in arbitration arising from the company’s termination of one of its distributors.
Prosecuted a suit for fraud in the wrongful force-out of a partner in a real estate partnership. We secured a judgment in favor of our client and set aside the attempted force-out.
Churches/religious organizations
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Represented numerous religious schools and other denominational employers and their board members to successfully defend challenges to employment decisions on First amendment freedom of religion grounds.
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Obtained the immediate dismissal of defamation and related claims brought by the terminated pastor of large, Maryland church against twenty denominational leaders and members (both regional and local; paid and volunteer) on the basis of First
Amendment
Freedoms of religion.
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Represented a Maryland religious entity to achieve the immediate dismissal of a “clergy malpractice” claim, establishing that Maryland does not recognize any such cause of action.
Employment litigation
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Successfully represented numerous local, regional, and national employers to address violations of non-compete agreements, enforcing those agreements against former managerial and executive employees and field representatives and their new employers.
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Represented a local real estate management company to obtain dismissal of litigation brought by a former employee claiming discrimination due to physical disability.
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Defended a business against alleged discrimination in the termination of a pregnant employee which resulted in a judgment in favor of our client.
General Civil litigation
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Obtained the reversal of an adverse arbitration decision in a complex divorce case involving enforcement of a multimillion dollar alimony settlement.
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Successfully prosecuted a suit to establish an unwritten contract based upon the theory of detrimental reliance, and obtained a judgment in favor of our client while also recovering all legal fees and costs.
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Successfully prosecuted a constitutional issue of whether Montgomery county had lawfully instituted rent control.
Mediation
(ADR
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Represented many parties in successful mediations and arbitrations.
Represented management defendants in complex litigation involving multiple real
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Estate partnerships and investments, and reached a favorable settlement through the course of mediation.
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Represented a local government contractor in a lawsuit brought by a former president seeking control of the company, financial damages, breach of contract and fraud. All claims were dismissed following a settlement through a confidential mediation process.
Health Care litigation
Real
Estate/Construction Litigation
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Successfully prosecuted a constitutional issue as to whether the restrictions on the use of real property were so burdensome that they amounted to a “taking” requiring the payment of compensation by the
municipality
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Served as co-counsel in a national developer’s successful defense of a retailer’s attempt to enforce a right of first refusal to purchase a portion of the developer’s substantial
Real Estate acquisition, and prevailed as a result of successful use of the rule against Perpetuities.
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Obtained a jury verdict in favor of a condominium association in a construction defect case, and then enforced the judgment through insurance coverage litigation and obtaining a judgment to set aside fraudulent conveyances of partnership interests.
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Defended substantial mechanic’s liens against a new commercial construction project resulting in a favorable settlement for our client.
Close Representative Cases
The attorneys in our highly-regarded litigation group approach each case with one goal in mind — obtaining a resolution that is favorable to our clients. This includes listening attentively to our client’s goals and needs, settling the case out of court when possible, and taking the case to trial when necessary. Our efforts are directed towards successfully managing cases consistent with our clients’ goals, from developing a litigation strategy with our client, to preparing for trial in a zealous but cost effective manner. A number of our attorneys are trained mediators, and are able to assist their clients by using Alternative Dispute Resolution processes, rather than litigation.
Our group’s litigation expertise stretches across a broad spectrum of areas, including complex and general commercial litigation, all types of civil litigation, employment disputes, real estate-related litigation, construction litigation, and health care-related litigation. Frequently, we handle cases that require sensitive management and sophisticated discovery techniques, including electronic discovery. Additionally, we routinely appear in all state and federal courts in Maryland, the District of Columbia and Virginia on behalf of our clients. Clients we represent include corporations of all sizes and types, partnerships, limited liability companies, joint ventures, individuals, financial institutions and non-profit institutions, including churches and religious organizations.
The professionals in our group have a broad range of experience and come from a wealth of backgrounds, including local and federal government practice. Many of them have completed prestigious judicial clerkships before joining our firm. We have successfully litigated numerous high profile, high risk civil, criminal and professional responsibility cases for the firm’s clients, and many of the attorneys in our group have held, or currently hold, leadership positions in local, state and federal bar associations.
Complex and General Commercial Litigation
Businesses of all types frequently encounter disputes that can lead to litigation. Our attorneys represent a broad spectrum of businesses and individuals in commercial litigation involving contract disputes, fraud, breach of fiduciary duty and unfair competition matters, corporate, partnership and shareholder disputes and derivative claims. We also work closely as local counsel with large law firms from Washington, D.C., New York, and other metropolitan areas..
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Employment Litigation
Our Litigation Group collaborates with our Employment and Labor Group in representing employers, before administrative agencies and in the courts, in a broad spectrum of employment-related litigation, including discrimination claims; wrongful discharge and wage and hour law; sexual harassment; employee benefits; compensation; non-competition; non-solicitation and trade secrets; defamation, privacy and managers “whistleblower” and retaliation claims. We also represent executives and managers on a selective basis in connection with employment related issues, including the negotiation of compensation, employment, independent contractor and confidential severance agreements, and wrongful discharge clauses.
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Real Estate Litigation
Real estate developers, property owners and purchasers utilize our attorneys as counsel in all aspects of real estate litigation, including real property transaction disputes, commercial and residential leasing matters, brokerage disputes, disputes involving escrow agreements and title insurance policies, claims for damage to real property and property rights issues. In the area of land use litigation, we regularly assist our land use lawyers in contested regulatory matters such as zoning, development entitlements, permits and related litigation.
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Construction Litigation
We represent developers, contractors and property owners in litigation involving complex construction claims, contract performance and termination issues, as well as cases involving allegations of defective and negligent design and defective products supplied to construction projects. Our attorneys also assist our clients in drafting construction and equipment supply agreements, dispute resolution policies and procedures and in counseling clients on avoiding construction claims and disputes.
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Petroleum Marketing and
Franchising Litigation
The firm maintains a unique practice in the representation of petroleum station franchisees in a variety of franchise-related disputes, including distribution, pricing and franchise termination issues, which often involve litigation under the Federal Petroleum Marketing Practices Act.
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Health Care Litigation
We offer a broad range of litigation services to our institutional and individual clients in the health care industry, including representation of those clients in connection with commercial and contract matters, state and federal regulatory and law enforcement, investigations, regulatory and licensing issues and compliance, labor and employment issues, nursing home discharges and guardianships.
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Appellate Litigation
Our attorneys have successfully pursued or defended appeals at all levels of state and federal courts, including the Maryland court of appeals, and the united States courts of appeals for the District of Columbia and Fourth circuit.
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Banking/Lending Litigation
When a commercial loan goes into default, our litigation professionals assist the firm’s financial institution clients in related litigation matters, including general loan “work out” situations/debt recovery, letter of credit disputes, and insurance and fraud matters.
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Churches/Religious Organizations
Churches and religious organizations often encounter unique legal issues. Our litigators have extensive experience defending local churches, and local and national religious organizations, in a broad range of legal matters, including employee relations and disputes, constitutional issues, and general litigation.
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Professional Responsibility
Attorneys in our litigation group have broad experience in professional responsibility matters, representing hospitals, physicians and other health care providers, as well as attorneys, bar admission applicants, accountants, and other professionals in connection with licensing, certification matters, challenges and disputes.
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Criminal Defense
Our attorneys have defended individuals and businesses of criminal charges in state and federal courts, before federal and state grand jury investigative bodies, and before congressional committees. We also have conducted internal investigations on behalf of our clients. Our firm has substantial expertise in federal criminal law, including white collar offenses such as fraud, corruption, criminal tax, and narcotics cases, as well as state criminal offenses ranging from misdemeanors such as serious traffic offenses, to serious felony charges.
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Alternative Dispute Resolution
A number of Lerch, early & Brewer attorneys have had significant success in assisting our clients in resolving disputes and cases through the growing field of alternative Dispute resolution (“ADR”), a less resource intensive and often more expedited method than litigation in resolving legal disputes. ADR typically includes arbitration, mediation, early case evaluation and conciliation. Arbitration is a simplified version of a trial involving agreed upon discovery, and simplified rules of evidence. Mediation is an even more simplified method of resolving legal disputes. Mediators can be court appointed or selected by the parties, and are trained to bring opposing parties together to work out a settlement or agreement that both parties accept or reject. A number of our attorneys are also certified as court-approved mediators in Maryland for various types of cases.
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