Keller and Heckman's nationally-recognized litigation attorneys aggressively represent our clients' interests before federal and state courts, and regulatory and industry sanctioned bodies. Additionally, our attorneys participate as advocates in arbitrations, mediations, and other alternative dispute regulation forums. Several of our attorneys also act as neutrals in major commercial arbitrations and mediations.
Our clients—from a wide range of industries—benefit from the depth and breadth of our resources. Keller and Heckman litigators often work within multi-disciplinary teams consisting of members of our expert in-house scientific staff and our regulatory attorneys with specialized knowledge in the diverse practice areas of the Firm.
Some of our specific areas of expertise are outlined below.
Administrative. Keller and Heckman represents clients from a wide range of industries before many federal regulatory bodies. Our comprehensive experience with matters related to the Federal Food, Drug, and Cosmetics Act includes helping clients with disputes involving product seizures, recalls, claims of bodily injury and property damage, and packaging and labeling issues. Similarly, we serve clients under investigation and in enforcement actions by the Environmental Protection Agency (EPA) under the environmental and chemical regulatory statues, by the Federal Trade Commission (FTC) for false advertising claims, by the Occupational Safety and Health Administration (OSHA) arising from workplace safety issues, and by the Drug Enforcement Administration (DEA) in registration revocations.
Advertising and Unfair Competition. Our litigation experience includes representing clients in competitor, consumer, and regulatory agency enforcement actions—at the federal, state, and local levels. On the state level, we have successfully defended companies in the food, dietary supplement, pharmaceutical, and other industries against claims brought under California's unfair trade practices law (Business & Professional Code 17200) and other state Unfair Trade Practices Acts. On the federal level, we have prevailed in landmark Lanham Act litigation and have defended clients in false advertising litigation, including purported class actions.
Commercial Litigation. Our attorneys represent companies—from multi-national corporations to small businesses—in a full range of commercial litigation, including breach of contract; consumer actions, such as class action and private attorneys general suits; insurance claims; and franchise disputes. We also help clients with disputes relating to mergers and acquisitions; intellectual property, including patent infringement, trademark, and copyright matters; and contracts. Our litigators also represent clients involved in trade secret disputes, including cases involving protection of computer software and confidentiality clause enforcement.
Product Liability/ Personal Injury Defense. We represent manufacturers, distributors, and trade associations in product liability litigation in both state and federal courts. Our clients benefit from our expert technical staff, especially in complex cases, such as "toxic tort" claims, where toxicity and other scientific issues are involved.
Employment Litigation. Our attorneys represent employers against charges of employment contract breaches, discrimination, improper termination, and workplace injury.
Representative Matters
- Successfully represented a semiconductor equipment supplier against allegations of breach of contract, lack of good faith and fair dealing, fraud, and unfair competition. The plaintiff had sought approximately $200 million in damages.
- Currently representing a major food manufacturer against another major food manufacturer in a Lanham Act false advertising suit involving express comparative claims.
- Successfully obtained a pre-judgment attachment in the amount of $45M in breach of contract action in the U.S. District Court for the Northern District of California on behalf of non-U.S. based technology company.
- Defended a major apparel manufacturer in a Federal Trade Commission investigation of alleged labeling violations. The case was closed recently by the FTC without action.
- Successfully obtained summary judgment in the U.S. District Court for the Northern District of California in a business defamation claim that led to new management obtaining control of non-U.S. based software company.
- Favorably settled action in the U.S. District Court for the Northern District of California in beach of earn out provision of stock purchase agreement after preliminary injunction hearing.
- Favorably settled purported three state class action alleging product liability and contract claims in state court.
- Obtained defense verdict in a state supreme court action alleging product liability and breach of contract claims.
- Obtained defense verdict in adversary proceeding in a U.S. Bankruptcy Court for action alleging breach of fiduciary duty claims against Managing Partner of CA LLC.
Please contact lit@khlaw.com for more information.