Appeals  
Arbitration / Mediation
Bankruptcy:  Creditor Only
Civil:  Plaintiff & Defense
Litigation Risk Analysis
USPTO / America Invents Act (“AIA”)

Appeals / Appellate Litigation

The focus of any appeal is applying law to facts and correcting material legal error.   Appellate litigation is not trial practice.  A solid appellate litigator typically jettisons issues which force him to argue factual disputes because those tend to distract the appellate court from resolving the legal issues on appeal.  Actually, an experienced appellate lawyer generates credibility with an appellate court when his relevant brief and the associated oral argument hone in on the material issues in an orderly and logical manner.  Such allows the appellate attorney to more forcefully persuade a panel of judges in their review of a decision (or order or judgment) in favor of his client.  

 

Having litigated numerous appeals as lead counsel, including those related to bad faith appeals, Mr. Newman can help you with your appeal.  Given the increasing reliance by appellate courts to dispose of oral argument (and rule only on the briefs), this Firm can help you try to win at the brief-stage, where most cases are now won or lost.  Additionally, we can help any entity or organization with the submission of an amicus curae brief.

Arbitration / Mediation

Arbitration and mediation are two types of Alternative Dispute Resolution (“ADR”).  Mediation is an informal process where a third-party, i.e., the mediator, helps disputing parties come to a mutually satisfactory solution; the mediator is neither a judge nor an arbitrator making a binding decision as to the merits of the matter.  Conversely, arbitration is a procedure whereby disputing parties agree to have one or more third-party neutrals act as judge and jury to fully resolve the dispute without using any public judicial system (though awards are often enforced in the courts).  Having engaged in all types of ADRs, Mr. Newman can help you resolve your dispute employing the same expertise as found in the other practice areas.  With the proliferation of contracts mandating arbitration or where the parties wish to resolve their disputes in private, we can help you successfully navigate the process.

Bankruptcy:  Creditor Only

Bankruptcy courts allow creditors to enforce their rights against individuals who petition for bankruptcy, i.e., debtors.  The vehicle for this process is through an adversary proceeding, which is a lawsuit filed separate from—but related—to the bankruptcy case.  This type of lawsuit is typical to a civil case except that the cases are resolved much quicker, i.e., a rocket docket.  Having litigated multiple adversary proceedings, Mr. Newman can help creditors enforce their rights.  As a member of multiple bankruptcy courts (with the ability to become a member in many more) and actively taking CLE in this area, Mr. Newman is well positioned to successfully navigate the process.

Civil:  Plaintiff & Defense

When two or more parties cannot resolve their legal dispute through other means, civil litigation is the result.  Whether a plaintiff or a defendant, avoiding litigation usually represents the best path.  Sometimes, litigation cannot be avoided.  Having litigated numerous cases as lead counsel, Mr. Newman and his team are well-prepared to be an effective and zealous advocate for you.

Types of Litigation

 

  • Commercial / Business

 

The very broad category of commercial litigation includes on the one side breach of contract to the torts of fraud and misrepresentation, and the vastly many parts in between.  Contract cases run the gamut of business to business and intra-business disputes (e.g., minority shareholder, member and partnership disputes) to real estate disputes, and so much more.  Fraud, misrepresentation and other tort cases span the spectrum of breaches of fiduciary duty and loyalty and employee/director misappropriation to defamation and indemnity.  Mr. Newman and his team are very comfortable litigating any commercial matter.  Notably, though Mr. Newman has acted as lead counsel in putative class action litigation, if needed, he can help you find appropriate counsel to handle such an action.

 

  • False Claims Act (“FCA”)

 

The FCA, 31 U.S.C. §§3729-3730, establishes a scheme that permits either the Attorney General or a private party to initiate a civil action alleging fraud on the federal government.  Most states have enacted similar statutes concerning fraud on state governments.  The private enforcement action under any related statute is called a qui tam action, whose chief purpose is to prevent the commission of fraud against a specific government and to provide for the restitution of money that was taken from that government by fraudulent means.  Mr. Newman has been lead counsel in qui tam representation, and with his team, they can help you defend, or, in certain circumstances, prosecute such an action.

 

  • Intellectual Property

 

Somewhat overlapping with commercial disputes, intellectual property litigation includes unfair competition, patent, copyright, trademark enforcement/infringement, trade secret disputes, and more. Having acted as lead counsel in intellectual property disputes, Mr. Newman and his team can help defend or enforce intellectual property rights.

 

Litigation Risk Analysis

Quantitatively determining whether to initiate, to maintain, or to settle a litigation is invaluable.  Employing similar or the same mathematical tools used in financial valuations, we assess risk and quantitate prospective conduct.  For example, being able to compute a range of outcomes based on potential intermediate decisions helps us to extract and/or generate maximum value, sometimes for all sides, conduct which further facilitates resolution of underlying disputes.

USPTO  / America Invents Act (“AIA”) Litigation

On September 16, 2011, the America Invents Act (“AIA”) ushered in the most significant change to the U.S. patent system since 1952.  In 2007 (and anticipating that reform was inevitable), Mr. Newman authored a legislative strategy that was adopted, at least in part, by a bar committee in which he served. With the principal provisions of the AIA now in effect, we can help you with ex parte reexamination, Inter Partes Review (“IPR”), Post-Grant Review (“PGR”), and Covered Business Method review (“CBM”).  One conclusion is clear: “Since IPRs were created, they have rapidly become a popular vehicle for challenging the validity of issued patents.” Microsoft Corp. v. Proxyconn, Inc., 2015 WL 3747257 (Fed. Cir. June 16, 2015).  Statistics support that conclusion.

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