Business Litigation and Business Formation Attorneys

Business disputes often develop into litigation that is often complex, with high stakes for the parties involved. Keogh Cox represents all types and sizes of business entities in matters involving a wide range of issues, including those with national and international scope. Our lawyers review corporate contracts, evaluate bylaws and articles, consult on business strategies, spot potential problems, and recommend action to address issues that may lead to litigation or arbitration. Our clients appreciate that we can mobilize quickly when problems arise and that we maintain an open line of communication. When litigation cannot be avoided, we work to identify the right messages for the judge and jury. We focus on proactive solutions, whether that involves recognizing issues and trends at the initial stages of litigation, identifying experts to assist with the case, or bringing our client’s case to trial.

Directors and managers of private and public companies also rely upon us as to serve as general counsel. We sometimes help companies structure and re-structure to manage risks. Our attorneys assist with hiring issues, confidentiality concerns, HR policies and practices, and a wide range of other aspects of our clients’ businesses.

Experience Highlights

Outside General Counsel Serving all Business Needs

Where we started:  A multi-million dollar sales company sought general litigation counsel to organize a plan to address numerous legal matters. Our roadmap:  Keogh Cox developed a cost-effective plan to address all litigation matters that may arise throughout the course of the company’s business, from collections to product disputes. Resolution:  Keogh Cox remains an integral part of the company’s legal team and continues to provide it with a wide array of legal services.

Favorable Settlement in Complex LUTPA and Non-Competition Litigation

Where we started:  A national company that sells class rings contacted Keogh Cox to represent it in a suit against its major competitor. The suit involved unfair trade practices and violation of non-compete agreements of one of its key former employees. Our roadmap:  We tailored discovery to the key issues in the case and pursued aggressive motion practice, including requests for injunctive relief, to protect our client’s interest. Resolution: Our strategy, which highlighted our specific knowledge of the complex business issues in the case, resulted in a favorable settlement for our client.

Use of Federal Court Motion Practice to Reduce and Eliminate Exposure

Where we started: A global oil and gas company was among defendants who sued a Lafayette-based company in federal court under claims of single business enterprise and alter ego. The allegations claimed multi-million dollar damages that, if proven, could have been ruinous for our client. Our roadmap: Keogh Cox facilitated a favorable settlement with one of the plaintiffs in the early stages of the litigation. We then used motion practice to reduce and eliminate the majority of the remaining exposure. Resolution:  Our strategy allowed us to negotiate a settlement of the remaining claims at a small fraction of the amount initially claimed. Our client was free to pursue ongoing and profitable business ventures without the worry associated with open litigation. This result also helped us form a long-term relationship with the client.

Defense of Non-Competition, Breach of Confidentiality and Unfair Trade Practices Act Violations

Where we started: An insurance agency and its employee were named in a suit involving non-competition and trade practices claims. The plaintiff, a competitor insurance agency, claimed our client solicited its former employee and thereafter used her internal knowledge of plaintiff’s company to solicit its clients. This allegedly occurred while the two insurance agencies were discussing the possibility of a corporate buy-out. Our roadmap: The litigation was complex and required expert testimony in the fields of business valuation. Through motion practice, we used witness testimony to systematically refute the plaintiff’s factual allegations and theories. Resolution: The claim settled at a favorable value, and the employee remained employed with her new employer pursuant to the Louisiana public policies designed to encourage legal competition.

Longstanding Relationship with Local Business from Start to Eventual Sale

Where we started: An engineering firm asked Keogh Cox to serve as its general counsel. Our firm provided a wide array of legal services. Our roadmap: Keogh Cox functioned as a full service law firm, assisting our client with numerous and diverse legal issues. Resolution:  We served as general counsel for the firm for years. Our firm was an important part of the team that facilitated the successful sale of this business to a national firm.

Unique Defense in Complex Litigation

Where we started: Keogh Cox represented an international pipe manufacturer in a suit where a large contractor alleged that one of its pipes, which had been installed in a hydro-chemical plant, was defective. The primary issues in the case were whether the pipe contained the appropriate metal components and whether it met mechanical standards for movement of hazardous chemicals. The plaintiff brought claims of redhibition, products liability, breach of contract, bad faith, and misrepresentation. Our roadmap: By using a team of attorneys knowledgeable in tort, business, and construction, we blended our diverse experience to address the nuances of the claim. Resolution: Our team developed an effective defense strategy for the case, which resulted in a favorable resolution.

More Details about Business Law and Litigation

We have trial, appellate and ADR experience with local, regional, national, and international business litigation issues. These include, but are not limited to:

  • Shareholder disputes
  • Breach of fiduciary duty
  • Business piracy
  • Breach of client/employee solicitation
  • Business and professional licenses
  • Business consultation and strategy
  • Business formation and transactions
  • Business torts
  • Commercial litigation
  • Advisory services for medical professionals
  • Trade secrets