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Business Litigation Group

At Sandberg Phoenix, we represents publicly and privately owned businesses, defending or prosecuting claims against customers, suppliers, competitors or shareholders.

We quickly evaluate the issues with our clients, and then recommend creative strategic solutions. We are proud of our record in effectively handling our clients' business problems. We understand that our clients are running a business, we know business considerations sometimes require quick, quiet resolutions. In other cases litigation is the only recourse. We pride ourselves on being counselors of law, and we are there to help you make the right business decisions before and after a dispute arises.

We have been involved in virtually every type of business dispute including temporary restraining orders and injunctions, enforcement of restrictive covenants, trademark, franchise and warranty disputes, real estate and commercial leases and multi-year contract disputes. We regularly handle a wide variety of matters for and against Fortune 500 companies as well as small businesses and individuals.

We represent shareholders of closely held companies in disputes such as:

  • Bank litigation
  • Business torts
  • Contract litigation
  • Defend business and legal professionals sued for malpractice
  • Defend companies in class action litigation
  • Employment litigation
  • Franchise litigation
  • Injunctions
  • Insurance litigation
  • Litigation arising out of non-compete agreements
  • Represent manufacturers and dealers in disputes
  • Title insurance litigation
  • Will contests
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Services: Business Litigation

Appellate & Complex Litigation

Our Appellate and Complex Litigation team provides a comprehensive array of trial and appellate expertise to enable successful outcomes at any stage of litigation – or even before a lawsuit is filed. Our team assists lawyers and clients by developing creative options that take account of the big picture and the fine details involved in every case.

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Arbitration & Mediation

We understand that sometimes litigation may be less desirable because of the cost, delay, publicity and lack of control over the outcome. Through use of alternative dispute resolution services we can often times achieve more desirable outcomes for our clients who are better served if their cases are resolved outside the courtroom.

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Bankruptcy, Restructuring & Creditors’ Rights

Our Bankruptcy, Reorganization, and Creditors’ Rights attorneys offer a full range of legal services to clients in virtually all areas of the bankruptcy and insolvency practice. We counsel and advise secured and unsecured creditors, debtors, creditors’ committees, trustees, landlords, asset purchasers, mortgage servicers, and others in bankruptcies, reorganizations and liquidations. 

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Class Actions

Class action litigation involves high stakes cases with the real potential for literally making or breaking many of the defendants we represent. These lawsuits are often referred to as “bet the company” cases. Our attorneys have been defending businesses of all types and sizes, as well as individuals, in class action cases for decades.

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Commercial Litigation

Our firm represents publicly and privately owned businesses, as well as individuals, in defending and prosecuting claims in state and federal courts and administrative agencies. We have been involved in virtually every type of business dispute for and against Fortune 500 and middle market companies, small businesses and individuals.

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Consumer Fraud

Much of our consumer fraud litigation work dovetails with our high-profile class action practice. Consumer fraud litigation has become an increasingly active area of the law over the last decade.

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Employment Litigation

Our Employment Litigation team has vast experience providing effective representation to employers in complex state and federal administrative proceedings and litigation. We represent employers on a wide variety of labor and employment claims.

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Family Law

Our firm provides comprehensive family law services, including: divorce, child custody, modification of child custody, support and maintenance, paternity, ante- and postnuptial agreements and mediation.

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Fiduciary & Trust Litigation

With an aging population there is an increase in wealth passing from one generation to the next primarily through bequests in wills, trust provisions, gifts to custodial accounts, buy/sell agreements and other planning devices.

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Insurance Coverage & Bad Faith

We provide our clients with in-depth coverage opinions relating to complicated factual scenarios and complex legal issues. Our expertise in and extensive knowledge of insurance law qualifies us to provide our clients with cost-effective, sophisticated coverage analysis.

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Professional Liability

As professionals ourselves, we have a deep appreciation of the effort that goes into developing an honorable reputation. We fully understand the value of a well-earned reputation and fight as hard to protect the professional reputations of our clients as we do to protect our own reputation.

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Real Estate Litigation

Our attorneys and paralegals assist our clients in all phases of real estate activity. We represent developers in acquisition, zoning, contracting, leasing and divesture; corporations in acquisition, leasing and divesture and lending institutions in documenting, securing and legal management of their real estate loan portfolios.

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Shareholder Litigation

When privately held companies find themselves facing internal disputes over shareholder matters, our attorneys can help them transform those potentially devastating situations into smoother, amicable circumstances. Our professionals work diligently to bring stock and ownership-related disputes to swift resolution, no matter the size of the client. 

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Trademark & Copyright Litigation

Our attorneys offer diligent and comprehensive legal advice and representation in state and federal trademark and copyright litigation for individuals, entrepreneurs, small businesses and established entities. We understand how vital it is to our clients to protect their intellectually property – trademark, service mark, trade name, trade secret and copyright or license.

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Warranty Litigation

Our attorneys have considerable experience in a range of warranty litigation matters.  We represent a number of major automobile and truck manufacturers and other companies, vigorously defending their interests in breach of warranty actions alleging defective design, materials or workmanship. 

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Businesses and individuals retain our team to represent their interests in all manners of business disputes. Insurance companies frequently ask our attorneys to provide coverage opinions and to defend direct claims made against them. We have extensive experience litigating cases in state and federal trial courts as well as appellate courts.

18
Our Business Litigation practice group has 18 attorneys named as a Missouri & Kansas Super Lawyer.
24+
Our Business Litigation practice group attorneys provide services in over two dozen areas of law.
39
We have 39 primary members in the Business Litigation practice group.

Industries: Business Litigation

Accounting

The practice of defending attacks on accountants is diverse and brings corresponding challenges. Our attorneys are equipped with the knowledge to understand our clients’ business needs and get the results they desire. Our advantage is that our firm has a number of attorneys who are trained CPAs and hold advanced accounting degrees. 

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Architects & Engineers

Our experienced attorneys are often retained by insurance companies to represent the interests of architects and engineers.

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Banking & Finance

Banks and financial institutions have very specialized needs, along with the same general needs of all businesses.

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Brokers / Dealers & Financial Advisors

Our team regularly represents broker/dealers, investment advisory firms, registered representatives and investors in arbitration and mediation before the Financial Industry Regulatory Authority (FINRA) and in state and federal court litigation.

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Construction & Development

We represent subcontractors, specialty contractors, suppliers, owners, developers, design professionals, general contractors, sureties and trade associations. Our initial goal is conflict avoidance. When conflicts arise we are adept and skillful at negotiation, mediation, arbitration, litigation and appeals.

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Consumer Products

Our lawyers regularly represent designers, manufacturers and distributors of consumer products such as household appliances, lawn mowers, power tools and consumer electronic devices.

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Education

We have broad experience in every important area of education law, including collective bargaining and labor relations, teacher tenure, student rights and responsibilities, open meetings and records, policy and governance development, student discrimination claims and general educational issues.

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Entrepreneurs, Closely Held & Family Owned Business

Our team is tailored to meet the needs of closely held and family owned businesses, entrepreneurial enterprises and the entrepreneurs that manage these enterprises. Our attorneys assist small businesses and startups from daily operational needs to long-term strategic goals. We adapt to our clients’ needs as their business grows.

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Heavy Machinery

Our attorneys defend a wide array of heavy industrial equipment, from forklifts, boom trucks and cranes, to specialized extruders, pressure vessels, conveyors and their component parts. We know how these machines operate, their safety requirements and maintenance needs.

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Homeowner’s & Condo Associations

Managing a common interest association is fraught with the potential for complicated legal issues that transcend many different areas of law. Our attorneys assist trustees, boards of directors, and management company representatives in meeting the legal needs of their constituent communities by advising on drafting and amending governing documents (indentures), real estate issues, employment matters, covenant interpretation and enforcement, condemnation/eminent domain, tax matters, collecting assessments and general governance.

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Insurance

Our team represents insurers when they are the defendants require knowledge of underwriting, claims handling and the state laws governing insurance.We defend insurers in class actions attacking coverage and claims handling, and in claims seeking bad faith or extra contractual damages. 

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Insurance Agents & Brokers

Our experienced attorneys are often retained by insurance companies to represent the interests of insurance agents and brokers. The professional reputations of insurance agents and brokers are frequently placed at risk by former clients who regret the well-informed decisions they made with regard to limits and coverages. 

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Lawyers & Law Firms

When attorneys and law firms find themselves in need of legal representation in connection with claims of malpractice or allegations of ethics violations they turn to our firm. Our experienced team of attorneys counsel and defend the interests of litigation and transactional attorneys.

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Manufacturing & Distribution

We form long-term relationships with our product manufacturer and distributor clients. Our clients look to us to know their businesses, anticipate their needs, recommend practical solutions and provide measureable value to their bottom line in both transactional and litigation matters.

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Mining & Mineral Rights

We advise our mining clients and litigate on issues about severed mineral rights, mineral royalties and associated rights. We also represent manufacturers and users of mining equipment in product liability cases involving excavators, bulldozers, drills, lifts, shovels and cranes.

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Mortgage Providers & Services

Our attorneys handle a wide variety of mortgage servicing related matters. Our practice includes judicial and non-judicial foreclosures, deeds in lieu of foreclosure, title claims and title litigation, forbearance agreements, unlawful detainers (evictions), REO closings and mortgage related litigation. Bankruptcy services include motions for relief from stay, objections to confirmation, proofs of claims and adversary proceedings. 

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Real Estate

Our team spans the real estate industry, from debt and equity analysis, development of simple and complex projects and capital management, to corporate real estate services and landlord and tenant services.

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