Business litigation is indisputably expensive and distracting, which is why we tell our clients that the only good lawsuit is the one that they avoid. But for most businesses, litigation is inevitable—whether as a Defendant that needs to refute allegations of wrongdoing by a partner, client, or competitor, or as a Plaintiff that needs to enforce a contract, or to seek damages for its breach. Although patterns develop and similarities exist, in our experience, every case and every client are different.
Through our vast litigation experience, we have learned that successfully resolving business disputes demands an individualized and nuanced understanding of our clients’ business goals, timing needs, and risk tolerance—in addition to establishing expectations and ensuring a mutual understanding regarding predictable litigation costs and risks, as well as less predictable litigation outcomes and rewards. Most clients, however, seek a prompt and efficient resolution to their dispute. So while we pride ourselves on our ability to communicate with jurors and judges, and to secure our clients victory at trial and appeal, our greatest victories are obtained by efficiently disposing of business litigation through early motion practice or a mutually-beneficial mediated settlement, before litigation drags through months or years of expensive discovery and trial preparation.
Our clients include small and medium-sized businesses, high net worth individuals, entrepreneurs, and start-up companies, as well as established Fortune 500 companies. We have litigated complex business disputes across industries, and our experience includes:
Breach of Contract Litigation
Breach of Fiduciary Duty Litigation
Deceptive Trade Practices Act Litigation
Fraud and Misrepresentation Litigation
Cobb was formerly an in-house regulatory litigation attorney for a broadband internet-access provider of competitive (leased from the Bell Companies) telecommunications services. In this role, Cobb was at the “bleeding” edge of the de-regulation—and re-regulation—of the telecommunications industry. Forced to juggle numerous and perpetual rate and access hearings in thirteen (former SBC) states on a shoestring outside counsel budget, Cobb actively participated in administrative hearings at the Texas, California, Illinois, Michigan, Ohio, and Indiana Public Utility (or Public Service) Commissions, and litigated Telecommunications Act of 1996 cases in federal courts in California and Illinois. Most recently, Cobb has represented text message content providers against allegations of “cramming,” and other deceptive trade practices.
While the competitive landscape is constantly changing, regulatory oversight guided by the incumbent’s policy preferences remains a constant struggle for competitive providers—but a fight we haven’t given up winning.