Kenneth I. Sidle is the head of the Litigation and Dispute Resolution group, a team comprising experienced litigators and trial lawyers with established records of success in jury and bench trials, arbitrations and other alternative dispute resolution procedures, administrative proceedings before local, state, and federal bodies, and appellate proceedings. Members of our group have peer recognition second to none. They include Norman Oberstein, Won M. Park, Ellen Shadur, Corey Spivey, and Jason Wallach.
Our litigators operate on a distinct, three-part philosophy:
- Dispute Avoidance – A strong litigation team is the best deterrent to costly litigation. Our litigation department members work with our clients to anticipate areas of potential friction and to help develop ways to prevent disputes by careful drafting of foundational and business documents. When disputes are on the horizon, we always strive to plan a step ahead of our clients’ opponents, to avoid escalation of matters that can be avoided.
- Prompt Settlement Where Possible – Most disputes settle, and our litigators know that the client facing litigation is best served by exploring early in the process the likely outcome and reaching an agreeable result before legal expenses mount. Honest assessment of likely results and cost is key to true success, which usually means putting the dispute to rest and getting back to business. We speak candidly with our clients to help them make informed settlement decisions in their best interests.
- Win at Trial – Sometimes in litigation the stakes are too high or the adversary is too stubborn. In such circumstances, the only option is to fight to win. Our battle-tested litigators with jury trial experience give our clients the best chance of a successful outcome. Our successes extend to victories before the United States Supreme Court.
Scope of Litigation
GH&P has the team and experience to offer a full range of litigation services, in trials and on appeal. When matters go up on appeal, we not only have defended our own favorable trial cases in appellate courts, but we have been hired to represent clients after unfavorable trial outcomes by prior counsel. The members of our Litigation & Dispute Resolution group have a wide range of experience in diverse cases. Particular areas of service and experience are summarized elsewhere on this website:
- Business Transaction Litigation
- Entertainment Litigation
- Intellectual Property Litigation
- Labor & Employment Litigation
- Professional Liability Litigation
- Real Estate Litigation
Mediation & Arbitration
Not all cases are tried in court, and many business disputes today that most are resolved through settlement or alternative dispute resolution proceedings outside of the courtroom. Our litigators have the specialized skills for successful mediation, which is typically voluntary and is a non-binding proceeding aimed at reaching resolution of disputes. We do our homework, we make sure that the mediator understands our client’s position and that we advocate vigorously for the best result.
Although arbitration is intended to be less formal than court proceedings, it is binding and demands the same skills required for success at trial. Our litigators understand that the evidentiary standards and rules in arbitration differ from those employed in a court trial, and they know how to use those distinct standards to best position our client’s case. Our success record in arbitration is as stellar as our trial record.
Litigation Consultation & Management
We provide advice and consultation to clients regarding litigation management, claims coverage, and strategy, often where multiple lawsuits involving multiple parties are involved, and where other counsel are handling specific cases, including bankruptcy proceedings, specialized litigation, and insurance defense. We can bring to bear the firm’s other areas of expertise (such as intellectual property, entertainment, labor, bankruptcy, and real estate) in the litigation management context. Insurance defense often requires extensive advice and consultation, and we have ample experience addressing possible insurance coverage for claims (both plaintiff and defendant clients) and litigation against insurance companies over coverage claims.