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ss+d

Litigation

The SS+D Litigation Department is recognized as a premier complex business and commercial litigation force representing businesses and individuals in disputes ranging from small conflicts to the most complex commercial litigation before state and federal trial and appellate courts, arbitrators, and administrative tribunals. Our talented and experienced attorneys successfully litigate against some of the largest firms in the country. We have litigated business disputes for clients ranging from Fortune 500 companies and large regional employers to small, closely-held businesses and individuals.

Coupling a streamlined, integrated team approach with national resources, successful trial strategies, and a relentless focus on ideal outcomes, we deliver clients effective, high-quality, cost-conscious representation and achieve results that help our business and individual clients prosper. This is the SS+D difference.

Trial Tested and Ready

Our litigation team has tried hundreds of cases before judges, juries, and arbitrators throughout the country. We are skilled at knowing how factfinders consider the evidence and weigh disputes, and we are equipped to present the most persuasive case possible. From the outset of every litigation matter we handle, our litigators prepare the strongest, trial-ready case possible. But we never lose sight of opportunities to obtain efficient resolutions through settlement or dismissal.

Our litigators possess deep experience in various areas of litigation, including:

National Scope and Capabilities

We have litigated matters in nearly every state in the country, and, through our vast network of local counsel, we are able to efficiently handle litigation anywhere. Our significant investments in e-discovery platforms, case management and trial presentation software, and other advanced office technology equip our trial lawyers to efficiently represent our clients and allow us to deploy our litigators wherever in the country they are needed.

Determined Analysis and Investigations

Our laser-focused approach on the early, aggressive investigation and assessment of facts, claims, and defenses allows us to achieve efficient, successful outcomes. We thoroughly examine every aspect of a case—along the way developing strategies to maximize claims or strengthen defenses. Our mission is to achieve the earliest, best possible outcome consistent with our clients’ objectives.

Creative Answers and Principled Commitment

Although we always work to identify and achieve the fastest, most efficient paths to resolution, we are adept at developing innovative and effective solutions to the most challenging problems. We take seriously our responsibility to zealously advocate for our clients, and this extends to our commitment to advance every supportable argument designed to achieve the right outcome. We encourage consideration of alternative dispute resolution when appropriate as a means to reduce the cost and burden of lawsuits and to explore innovative and principled compromise.

Optimal Outcomes and Trusted Advice

We know that every litigation matter we handle has an outcome that aligns with the clients’ ideal objectives. Sometimes the clients’ objectives change during cases, and we are nimble enough to pivot as needed to achieve the new goals. Because we believe that, most often, the best outcome is one that our clients control, we generally seek resolution before trial so as to minimize business and personal disruption, risk, and expense. But when our clients’ best interests are served through letting a judge or jury determine the result, we have the experience and judgment to take cases successfully to trial, and we are fearless in the courtroom.

Value Delivered and Client-Focused

We understand that the value of our representation is measured both by the results we obtain and the satisfaction of our clients. Accordingly, we are committed to a service-oriented approach to all matters entrusted to us. We strive to exceed our clients’ expectations for high quality and vigorous advocacy, regular communication, and sensitivity to cost. When disputes go to court, we work closely with clients to implement litigation strategies that balance business objectives and the likelihood of success with budget constraints.

Innovation for Service and Fees

The SS+D promise about our service is simple. If we ever fall short of providing exceptional service, we make it right. We cannot guarantee any particular outcome, but we promise to work tirelessly on our clients’ behalf and to keep them timely informed about developments in any matter entrusted to us.

We understand that business litigation is expensive and that “one size does not always fit all” when it comes to fee arrangements. In many circumstances we are open to shouldering some of the risk of litigation along with our clients. Unlike most traditional law firms, SS+D does not insist that every legal matter must be paid for on an hourly basis. Hourly billing often is the best way to efficiently achieve a client’s objectives. But sometimes a creative fee arrangement can provide more certainty and budget control, along with opportunities to offset risks for us. We pledge to work with our clients to explore an alternative payment arrangement that works. Alternative fee arrangements under which we take risk with our clients include:

  • Fixed or Flat Fees. Client and SS+D agree up front on a set price for the representation. Often used in routine or repetitive litigation, but can be varied to involve an agreed monthly or other periodic fee for a larger lawsuit or a flat fee for specific segments such as for discovery or the trial.
  • Contingency Fees. Client pays based on results achieved. Payment is often expressed as a percentage of the recovery or settlement.
  • Capped Fees. Client pays up to a specified maximum amount on an hourly basis, but no more. This arrangement is often paired with a reduced contingency fee.
  • Defense Contingency. Client establishes success parameters and pays SS+D a discounted fee. In the event a more favorable outcome is achieved, then SS+D is paid a success premium. In other words, the fee is in part dependent on how much SS+D “saves” the client from paying.
  • Hold Back. Client and SS+D agree upon a fixed price or hourly rate and client establishes success parameters. An agreed-upon percentage of all client payments are deposited into our Trust Account and held until an identified milestone or the conclusion of the dispute. At that time, the client decides whether SS+D should be paid all or part of the Hold Back amount and whether any success premium is due.

Diverse culture

SS+D embraces a diverse, inclusive culture as vital to our success and that of our clients. We strive to maintain a diverse workforce that reflects the makeup of our clients and communities, encourages varied perspectives, and fosters creative thinking and ideas.

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