1 Client Focused Results Driven SM FIRM OVERVIEW
3 Established in 1979, Lewis Brisbois Bisgaard & Smith LLP is a national, full-service law firm with more than 700 attorneys and 19 offices in 10 states from coast to coast. Our national practice is sophisticated, multi-faceted and well versed in current legal trends, while our individual state practices afford us access to vast resources and knowledge of procedural and legal nuances. Lewis Brisbois offers legal practice in nearly 30 specialties and a multitude of sub-specialties associated with each practice area. Our attorneys have broad knowledge, expertise and sensitivity to their clients unique needs. Through interaction among its practice groups, Lewis Brisbois provides a wide range of legal services to each client with a continuity of representation over multiple disciplines. We have built longstanding relationships with corporate and institutional clients based on our ability to provide comprehensive service on a national scale. Lewis Brisbois is committed to hiring and retaining a diverse group of talented lawyers and staff and demonstrates that commitment through non-discriminatory hiring, retention and promotion policies. The diversity of the Firm s client base is matched by the diversity of our attorneys. With offices from Los Angeles to New York, our attorneys reflect the communities in which they live. The Firm s culture has fostered a diverse group of professionals committed to promoting the best interests of our clients, our communities and the legal profession. We are committed to supporting diversity through new and ongoing relationships with minority and women owned businesses. At Lewis Brisbois, diversity is an integral part of our firm culture and our daily life. We accomplish diversity not by committee or initiative, but through the true and committed practice of hiring the best people for the job and consistently rewarding excellence. The success of these policies is reflected in the fact that Lewis Brisbois has repeatedly received national recognition for its commitment to embracing diversity. In May 2009, Lewis Brisbois was ranked as the number one law firm in the nation for diversity by Multicultural Law Magazine. The firm was also ranked fourth in the nation in the Minority Law Journal s 2009 Diversity Scorecard of the nation s 100 most diverse law firms. Lewis Brisbois is known for its commitment to principled advocacy, an unflinching work ethic, and unyielding recognition of our duty to provide the highest level of service to our clients. This, coupled with our record of success and our innovative and creative approach to the practice of law, has set Lewis Brisbois apart as a national leader in the legal field, one that is uniquely suited to deliver the results our clients expect. For more about Lewis Brisbois Bisgaard & Smith LLP, please visit us on the web at LEWIS BRISBOIS BISGAARD & SMITH LLP
4 APPELLATE Although most lawsuits are resolved at the trial court level, some proceed to judgment and then are litigated on appeal. Appellate advocacy requires special skills in areas such as writing briefs, analyzing and framing legal issues, legal research, and presentation of oral argument. The members of Lewis Brisbois s appellate practice group have these skills. We handle matters on appeal originating from lawyers within our firm, from trial court matters originating outside the firm, and as Amicus counsel. The members of the appellate practice group have handled approximately 1,400 appeals and extraordinary writ proceedings that have gone to decision. Of these, over 250 have resulted in published opinions, shaping the law. ARCHITECTS & ENGINEERS The attorneys in our Architects & Engineers Practice understand the issues unique to design professionals, and some are themselves trained architects or engineers. Lewis Brisbois Bisgaard & Smith LLP serves its A&E client base as a full-service law firm. We regularly defend design professionals against professional liability claims; negotiate and draft agreements on behalf of architects and engineers; counsel design professionals in loss prevention techniques and insurance coverage issues. We are professionals representing professionals with the level of sophistication, service and expertise demanded by this specialized industry. AVIATION Aviation law cases require high-level expertise in many aspects of aviation, not solely legal expertise. Our team produces cost-effective results for clients, given their knowledge of the subject matter and sophisticated skills at developing aviationrelated cases. We provide aviation and transportation clients nationwide with the kind of skilled representation that comes from an in-depth comprehension of the specific legal issues facing the industry. Our attorneys have both the professional and personal experience to assist our aviation clients at the scene of accident sites shortly after the accident occurs. We have litigated many aviation-related cases and have the resources to try the most complex and sophisticated aviation cases and produce favorable, cost-effective verdicts or settlements. BANKRUPTCY & INSOLVENCY The attorneys of our Bankruptcy and Insolvency Practice assist businesses and individuals in formulating and carrying out creative problem-solving strategies when they are faced with insolvency. We represent diverse clients, including companies and individuals who are reorganizing, bankruptcy trustees, plan disbursing agents, lenders, landlords, and acquirers of assets from bankruptcy estates. We have represented clients in all aspects of contested matters and adversary proceedings, including fraudulent conveyances, preferences, relief from stay motions, non-dischargeability actions, trustee motions, and the entire range of litigation matters that arise in bankruptcy cases, including appeals. In addition, we assist our insurance clients in all insolvency-related matters.
5 CLASS ACTION Our Class Action and Mass Tort Practice is experienced in a broad range of high stakes and complex litigation including suits alleging unfair competition, false advertising, violation of state and federal consumer protection laws, employment litigation (wage and hour and discrimination claims), products liability, breach of express and implied warranties, ERISA, privacy and debt collection, violation of federal and state securities regulations, construction defect and insurance related matters. We are the law firm of choice for major corporations as well as more modestly sized businesses involved in national class action and mass tort litigation or statewide or narrower class action or mass tort suits. We have particular expertise in representation of the automobile, medical device, health care, food, insurance, chemical, construction, paint and solvent industries, including manufacturers, distributors and retailers. Commercial litigation The issues handled by our Commercial Litigation Practice go to the heart of a company s bottom-line, and clients must exercise sound business judgment to obtain the best possible legal solution when confronted with litigation. Our Commercial Litigation attorneys constantly re-evaluate the clients risks and benefits during the course of litigation, providing the clients with timely and accurate information. By keeping our clients currently advised on the status of any case, they are able to develop and maintain clear commercial objectives. Clients are involved in all phases of strategic planning and are provided with detailed litigation plans and budgets in order to appropriately manage and control the litigation. CONSTRUCTION The Los Angeles Daily Journal referred to Lewis Brisbois Bisgaard & Smith LLP as a litigation powerhouse. Nowhere in our various practice areas is this description more appropriate than in our Construction Practice. Our construction litigators regularly represent government entities, public and private developers, general contractors, subcontractors in all phases of construction, artisans and design professionals in cases involving alleged design and construction defects and construction fee disputes. Lewis Brisbois s construction lawyers have tried cases in virtually every area of construction in both residential and commercial projects. CONSUMER LITIGATION Our attorneys represent banking, mortgage lending and consumer financial institutions in a wide variety of matters, including unfair and predatorial lending practices, fidelity bond litigation and judicial foreclosures, and participated in the litigation of the largest fidelity bond claim in history. They have represented banks, mortgage banks, mortgage loan service providers and other consumer financial service institutions in putative national classes, and state and multi-state classes. We have handled litigation in both State and Federal Courts through trial and on appeal. Our attorneys are licensed to practice in multiple State and Federal jurisdictions and also represent professionals in administrative proceedings before the N.A.S.D. and many different State agencies.
6 CONSUMER PRIVACY Lewis Brisbois has assembled a premier group of attorneys with extensive experience in the various aspects of consumer privacy issues. We regularly counsel clients in developing guidelines for compliance with the Gramm-Leach-Bliley Act (GLBA), Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), Health Insurance Portability and Accountability Act (HIPAA) as well as all state and local rules and regulations governing consumer privacy issues. We have successfully litigated a wide variety of FDCPA, FCRA, HIPAA and TIL issues, including class action defense. Where appropriate, we work with attorneys from other practice areas within the firm to provide legal representation of the highest quality to a broad range of professionals. CORPORATE Our Corporate Practice is well positioned to serve our clients transactional needs in a comprehensive, efficient manner, utilizing our various office locations across the country. Our resources include in-house experts in many related specialty areas of practice who are at the ready to work as a coordinated team for the benefit of our clients in a wide range of corporate and business transactions. Our Corporate Practice can also serve as your outside General Counsel, to coordinate and handle all non-litigation legal aspects of your business, bringing in specialized experts as needed not just responding to problems as they arise, but also spotting future issues and implications in advance, treating them pro-actively with more costeffective solutions. DIRECTORS & OFFICERS Since its inception, Lewis Brisbois has had a Directors & Officers Practice specializing in this unique and complex area of insurance coverage. This longstanding practice has resulted in Lewis Brisbois being involved in virtually every significant development in the area. Throughout our history, we have represented major insurers providing D&O insurance across the country. In our capacity as coverage counsel, we work closely with directors, officers, corporations, and their defense counsel in order to achieve resolutions mutually favorable to both insurers and insureds. By creating a cooperative environment and providing our experience and expertise in dealing with plaintiffs and their counsel, we can be instrumental in finding creative solutions to complex and potentially catastrophic lawsuits. ELDER LAW The health care industry is currently under siege from an alarming increase in the number of Elder Abuse claims that are being pursued against long-term care facilities, acute care facilities and individual physicians. This crisis is particularly severe for skilled nursing facilities, residential care facilities for the elderly and other facilities dedicated to providing care and treatment to elder and dependent care patients. The attorneys at Lewis Brisbois are both knowledgeable and appreciative of the unique issues faced by one of the most regulated and scrutinized industries in the United States and have successfully represented the interests of facilities operated by large multi-state and regional management companies as well as by individual owners.
7 ELECTRONIC DISCOVERY The Lewis Brisbois Bisgaard & Smith LLP ( Lewis Brisbois ) Electronic Discovery, Information Management and Privacy Practice is directly involved with issues relating to information management and privacy issues because the procedural rules governing electronic discovery directly implicate our clients information management policies, practices and hardware and software infrastructures. Our attorneys have represented clients during the course of numerous class actions and multi-district litigation proceedings involving E-Discovery disputes. In particular, our attorneys have developed significant expertise in limiting the scope of subpoenas and document requests in order to limit the scope of production or shift the cost of responding to the requesting parties. EMPLOYMENT & LABOR The nearly 100 attorneys in our Employment & Labor Practice represent clients in all phases and types of employment litigation, counseling, training and collective bargaining. Our team of employment experts are spread throughout our locations across the United States and provide clients with sound counsel in dozens of jurisdictions. Our size and geographic coverage allow us to provide our employment clients with consistent, efficient and effective representation across the nation. ENTERTAINMENT LAW Our attorneys provide services in all phases of motion picture, television, video, music and multimedia development, production and distribution. We represent actors, directors, film producers, film composers, screenwriters, motion picture sales agents, record labels, record producers, recording artists, songwriters, promoters, models, authors, and others. Representing clients in all facets of entertainment, we offer both litigation and transactional expertise. We have litigated copyright infringement actions involving major motion pictures, disputes between actors and studios or networks, disputes between production companies and distributors, artists and managers, disputes between record labels, band dissolutions and many disputes between recording artists and labels. ENVIRONMENTAL LAW & TOXIC TORT For over two decades Lewis Brisbois has had one of the preeminent environmental law practices in the country with experience and expertise in a wide range of litigation and counseling services, including toxic tort, Federal and State Superfund, California Environmental Quality Act ( CEQA ), Proposition 65 and related matters. We have assembled an impressive team of experienced attorneys who are intimately familiar with environmental laws, the defense of toxic tort lawsuits and state and federal statutes and regulations. In addition, we provide a full range of environmental and product counseling services for our clients.
8 FIDELITY The members of our Fidelity Practice have extensive experience in investigating employee dishonesty policies, financial institution bonds, and other fiduciary bonds. This experience includes coverage litigation in all state and federal courts as well as at the appellate level. Members of our firm are actively involved in several national and local fidelity and surety organizations. In particular, the firm supports and is a member of the American Bar Association, Tort and Insurance Practice Section Fidelity and Surety Law Committee; the Surety Claims Institute; the Los Angeles Surety Claims Association; and the National Bonds Claims Association. GENERAL LIABILITY Our General Liability Practice comprises nearly 100 attorneys from coast to coast who have successfully represented defendants in numerous general liability areas. We regularly provide defense for a variety of property and personal injury claims for both businesses and individuals. While our attorneys are equipped to handle a wide array of matters, we specialize in the litigation and trial of catastrophic injury, wrongful death and complex litigation cases. The General Liability Group partners and senior associates are seasoned and well respected trial attorneys who have broad trial experience. Our attorneys have been cited by the National Law Journal for obtaining one of the Top Ten Defense Verdicts of the Year, and have received other prominent recognition. INSURANCE COVERAGE & BAD FAITH Since its beginning, Lewis Brisbois has specialized in interpreting insurance contracts of all kinds and in representing insurers in complex coverage claims and extra-contractual litigation. Our purpose is to provide clear, objective advice when our clients rights and obligations under their policies are challenged. If a coverage or claim handling dispute enters litigation, we defend our clients position vigorously, creatively and efficiently using our substantial resources as necessary. Lewis Brisbois now includes more than 70 lawyers in its insurance group and handles insurance matters throughout the country. INSURANCE REGULATORY & REINSURANCE The attorneys of our Insurance Regulatory and Reinsurance Practice represent insurance, reinsurance, technology, manufacturing, and other businesses in a wide array of litigation, transactional, regulatory, and corporate matters. Our attorneys have experience in both the private and public sectors, having served as corporate general counsel and counsel with regulatory agencies. While the majority of our clients are within the insurance industry, including insurers, reinsurers, joint powers authorities, risk retention groups, risk purchasing groups, agents, brokers, surplus lines brokers, managing general agents, reinsurance intermediaries, thirdparty administrators, and adjusters, our attorneys also represent technology and manufacturing companies and businesses.
9 INTELLECTUAL PROPERTY Our Intellectual Property Practice is a leader in the acquisition and protection of intellectual property rights. We represent national companies in such matters as web site management, licensing, e-commerce, domain name issues, media content, and protection of all intellectual property assets. Our attorneys are authors, speakers and experts in all aspects of intellectual property including, copyright, trademark, trade dress, unfair competition, licensing and rights acquisitions. In today s challenging market place, our clients demand and have come to expect prompt, comprehensive and cost effective solutions to intellectual property issues. Our attorneys are recognized leaders in crafting creative solutions to our client s legal needs assuring that each client s goals are carefully discussed and observed. KOREAN BUSINESS & LITIGATION In order to better serve the growing needs of the Korean and the Korean-American Communities, Lewis Brisbois has formed the Korean Business and Litigation Group. With a number of highly qualified Korean-American attorneys strategically located throughout our different offices who are bilingual, bi-cultural and experts in a multitude of practice areas, Lewis Brisbois is well suited to handle the unique challenges associated with assisting Korean and Korean-American clients. Our team will work closely with other members of our firm to maximize results as well as efficiency for our clients. The primary goal of the Group is to provide the highest quality legal service which are uniquely tailored to each of our client s personal needs. LEGAL MALPRACTICE Since its founding, our firm has successfully defended thousands of lawyers, as well as the firms in which they practice, ranging from sole practitioners to some of the largest law firms in the country. The underlying legal problems involved in these cases include personal injury, commercial litigation, divorce and family law, patent litigation, real estate, tax, probate, bankruptcy, products liability, criminal law and malicious prosecution. In representing lawyers accused of legal malpractice, we have worked for every major underwriter of legal malpractice insurance policies, and we are the counsel of choice for many self-insured law firms. We have also represented attorneys in disciplinary proceedings brought by state licensing agencies. LIFE, HEALTH, DISABILITY & ERISA We are well positioned to advise on and defend life, health, disability, annuity and ERISA benefits and fiduciary breach claims. We have expertise in all aspects of litigation and arbitration proceedings encompassing both group and individual plans, including COBRA litigation and HIPAA issues, as well as claims and benefits litigation arising out of commercial, Medicare and Medicaid contracts. Additionally, we are experienced in issues arising out of the business practices of the health care industry, such as bundling, unbundling, downcoding and falsified claims. We have expertise in representing annuity issuers and their registered representatives. We offer extensive insurance and medical malpractice expertise, enhancing our ability to determine the most effective and efficient approach to advance our clients interests.
10 MARITIME The maritime attorneys at Lewis Brisbois have extensive litigation experience defending against personal injury and death claims brought by seaman (Jones Act, DOHSA), longshoremen/ship repair workers (LSHWCA), workers on the rigs in the outer continental shelf (OCSLA), passengers, and including asbestos and virtually all injury claims that invoke the application of admiralty law whether in the federal or state courts. We represent P&I Clubs, domestic marine insurers, their insureds as well as owners, operators and individuals. MEDIA PROFESSIONAL LIABILITY The Media Professional Liability Practice is a leader in the acquisition, protection and defense of intellectual property rights concerning media professionals. Our attorneys are authors, lecturers and experts in all aspects of intellectual property including patent, copyright, trademark, trade dress, unfair competition, licensing, franchising and rights acquisition. We also offer a wealth of knowledge and professional experience in the evolving areas of internet/e-commerce and media law. We work closely with our international trade and investment, transactional, antitrust, intellectual property, and employment practice groups to meet our clients diverse needs. In today s competitive marketplace, our clients rely on us for comprehensive, efficient, and cost-effective solutions to intellectual property issues. MEDICAL MALPRACTICE Lewis Brisbois has established a strong reputation in its representation of healthcare providers including hospitals, physicians, nurses, technicians, therapists, mental healthcare counselors, pharmacists, dentists, podiatrists, hospitals, clinics, convalescent homes and other healthcare providers in state and federal courts. Lewis Brisbois also handles medical malpractice actions in numerous areas including obstetrics, emergency medicine, surgery, cardiology, general practice, pulmonary medicine, nursing, orthopedics, neurology, oncology, plastic surgery, ophthalmology, genetics testing, radiology, dentistry and podiatry. We regularly appear on behalf of healthcare providers before the Medical Board on licensing and disciplinary matters. PRODUCTS LIABILITY Lewis Brisbois is proud to have developed one of the nation s strongest and most diversified products liability practices. We serve a wide range of product liability needs for our clients with an emphasis on acting as trial counsel in federal and state courts and serving as regional or national coordinating counsel. We manage an extensive case load of civil litigation involving products liability matters. Our attorneys handle both catastrophic injury and routine products liability litigation in state and federal courts. We have an experienced team of lawyers who have achieved a remarkable level of success at trial. Our trial counsel are provided superb support by Lewis Brisbois s Appellate Practice Group with its cadre of appellate attorneys.
11 PROFESSIONAL LIABILITY Our Professional Liability Practice comprises attorneys from all of our office locations across the country. We represent, among others, accountants, architects, attorneys, bankers, computer and media professionals, engineers, financial planners, health care providers, insurance brokers and agents, property appraisers and inspectors, real estate brokers and agents, and securities brokers in defending claims arising from performance of their professional duties. We are experienced in handling litigation in both State and Federal Courts through trial and on appeal. Our attorneys are licensed to practice in multiple State and Federal jurisdictions and also represent professionals in administrative proceedings before the FINRA. and many different State agencies. REAL ESTATE DEVELOPMENT & LAND USE Lewis Brisbois s Real Estate Development and Land Use attorneys have expertise in all aspects of commercial, residential, industrial and agricultural developments from both the public agency and developer perspectives. Our attorneys have expertise in a wide array of matters such as Redevelopment law including local authority administration, pre-acquisition due diligence including entitlements, Compliance with environmental laws including CEQA, Endangered Species Act, Fish & Game Act, and National Environmental Policy Act including remediation, negotiation of regulatory, administrative, and legal issues with governmental agencies and drafting of contracts, leases, and licenses for government-owned facilities as well as a host of other matters related real estate, development and land use. RESTAURANT REPRESENTATION Within the Firm s General Liability Group is a Restaurant Litigation Team specializing in the defense of claims and lawsuits in California, Nevada, Arizona, Illinois, Louisiana and New York. This team is composed of a diverse, cohesive team of trial attorneys with expertise in investigating and defending the most complex premises liability, food safety, food handling and franchisee/franchiser agreements disputes on behalf of clients such as McDonalds, ARAMARK, Carl Karcher Enterprises, Inc. (dba Carl s Jr. and Hardee s), Chick-Fil-A, Inc., California Pizza Kitchen and other national food suppliers, such as Coors Distributing Co. Inc. SCHOOL DISTRICTS & MUNICIPALITIES Lewis Brisbois has both experience and expertise in representing municipalities, school districts and their employees in claims covered under errors and omissions coverages tailored to their needs. Such claims run the gamut from the simplest negligence claim of a public employee involved in an automobile accident, to more sophisticated, complex claims under Section 1983, concerning alleged violations of Constitutional rights including discrimination claims based upon age, race and gender, and failure to educate. We have extensive experience in designing defense strategies to successfully defend such claims and we historically provided the highest quality representation to municipalities and school districts beset by claims and litigation of all types.
12 SECURITIES We represent securities brokers and broker dealers in connection with errors and omissions claims made by investors in NYSE arbitration matters and in federal and state courts throughout the nation involving issues of unsuitability, due diligence, Rule 144k exchanges, elder abuse, and supervision in the sale of securities, variable life insurance policies, and variable annuities. Lewis Brisbois specialize in representing individual securities brokers on claims involving churning, unsuitability, negligence, and misrepresentation, pertaining to investments in equities, mutual funds, limited partnerships, real estate and retirement planning. We also specialize in representing broker dealers on claims involving negligent failure to supervise and defense of class action securities fraud cases. SURETY Our attorneys have experience in resolving all facts of payment and performance bond defaults as well as subdivision bonds. We represent clients in resolving and litigating subcontractor and materialman claims, mechanic liens and stop notices. Our performance bond experience includes all aspects of investigation, take over, tender, and project completion. Additionally, we have experience in resolving indemnity and recovery cases as well as defending extra contractual issues arising out of surety. TRANSPORTATION Our nationwide Transportation Practice is extensively involved in the defense of the trucking industry. Our clients include freight carriers, truck insurers, public entities and waste management groups engaged in both intra-state and interstate transportation. The Transportation Practice Group is actively involved in an array of organizations such as ABOTA (American Board of Trial Advocates), Trucking Industry Defense Association (TIDA), Defense Research Institute, California Trucking Association (CTA), and the Transportation Lawyers Association. The Transportation Practice Group is committed to continuing education and keeping abreast of developments that affect large fleets, small fleets, and owner operators. WORKERS COMPENSATION Changes in workers compensation, both in law and economics, have made it imperative to aggressively handle claims. As a specialized practice our attorneys and hearing representatives practicing workers compensation emphasize the defense of insurance carriers and employers against the claims of employees. We offer our clients expertise in all areas of California workers compensation. Our attorneys are experienced and highly skilled in all aspects of discovery and trial work. The members of our firm have successfully defended against large exposure cases that include, fibromyalgia, reflex sympathetic dystrophy, psyche and stress claims, asbestosis claims, along with the more common orthopaedic and internal injury claim.
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14 NATIONWIDE LOCATIONS ATLANTA BEAUMONT CHARLESTON CHICAGO FORT LAUDERDALE HOUSTON LAFAYETTE LAS VEGAS LOS ANGELES NEW ORLEANS NEW YORK ORANGE COUNTY PHOENIX SACRAMENTO SAN BERNARDINO SAN DIEGO SAN FRANCISCO TAMPA TUCSON LEWIS BRISBOIS BISGAARD & SMITH LLP