Bringing legal excellence within reach
Duke Law Office handles pre-litigation dispute resolution, litigation and discovery, eDiscovery, settlement negotiations and documentation, and trials for a wide variety of commercial disputes. The Firm is passionate about helping companies economically resolve disputes in a manner that achieves the needs of the business. While some disputes may be viewed primarily as a drag on corporate performance, others may hold strategic significance, and still others are viewed as a cost of doing business. Whether your goal is to resolve a particular dispute with the minimum investment of time and resources, or to tenaciously prosecute or defend a dispute that has strategic importance, Duke Law works with you to identify your business goals, manage your dispute, and guide litigation, resolution strategies and settlement negotiations.
Duke Law represents companies in industries, including:
- Banking & Finance
- Franchise & Distribution
- Health Care
- Internet, Technology & E-Commerce
- Investment Management
- Life Sciences/Medical Devices
- Private Equity and Venture Capital
Duke Law has experience litigating Federal and State courts in jurisdictions that include California, Colorado, Florida, Illinois, Kentucky, Minnesota, Missouri, Nevada, New Mexico, North Dakota, Oregon, Pennsylvania, Texas, Utah, and Washington.
Handling preference and fraudulent transfer actions for Trustees and Creditors.
Advising businesses on general corporate matters, contracting issues and disputes, supply-chain disputes, and business torts.
Advising businesses of their rights and vulnerabilities regarding unfair trade practices, fraud, conversion, business disparagement and defamation, and other business torts.
Representing companies seeking to enforce and collect on commercial promissory notes and judgments, including situations where the business debt is secured by collateral, and securing emergency relief for fleeing assets and other situations where debtors hide assets.
Advising companies and their boards on fiduciary duties, as well as appropriate oversight of data privacy and cyber-security issues.
Assisting companies with litigation resulting from theft of trade secrets or company confidential information, and data breaches.
Assisting companies with compliance issues, data breaches and state and Federal notification requirements.
Advising employers on non-compete disputes and HR policies, with particular focus on policies related to workplace computer/technology usage and monitoring.
Advising franchise and dealership industry clients on relationship management, franchise/dealer terminations and enforcement of post-termination obligations, as well as dispute resolution with franchise advisory councils, franchisees/dealers and former franchisees/dealers.
Advising and representing companies in disputes related to trade secrets, trademarks, and copyrights.
Representing companies in a wide variety of commercial disputes in the areas of noncompetition agreements, franchise and dealer agreements and terminations, breach of contract, commercial collections, business torts, fraud, shareholder and business valuation disputes, and complex commercial arbitrations.
Handling post-merger disputes such as interpretation of earn-out clauses, phantom stock arrangements, material adverse change clauses, and indemnification clauses.
Advising companies regarding identification of trade secrets, reasonable security measures to protect trade secrets, and data security matters, including investigation and litigation in the event of a data breach or theft of trade secrets.
Representing companies in trademark infringement disputes.
Representative Case Studies
(Texas Federal Court, Minnesota State Court, AAA Arbitration): Represented employer in multi-jurisdictional corporate raiding claim. Obtained injunctive relief against an executive who violated non-compete terms, taking trade secret information to a competitor before hiring away numerous other employees, who also took trade secret information with them to the competitor. Successfully resolved case after winning key motions in multiple jurisdictions. Case involved forensic analysis of over a dozen computers.
(Minnesota Federal Court): Successfully obtained preliminary injunction against terminated franchisee located in Texas, requiring de-identification, closure of locations, and return of confidential information and materials bearing franchisor’s trademarks.
Advised client on issues relating to alleged theft of customer personal financial data by former employee, including potential data breach obligations and specialized issues related to production of subpoenaed records that included protected data.
Represented founder of a company in a two-week jury trial involving officer and director indemnification and interpretation of payment formula under a phantom stock agreement.
Represented company defending claims by former shareholder that he had been bought out at too low a price. Company successfully avoided suit.
Represented shareholders in evaluation of claims related to interpretation of stock acquisition agreement and potential fraud in connection with negotiation (and subsequent calculation of) earn-out provisions dependent on corporate performance.