Business Litigation
We handle a variety of business litigation for clients. The breadth of our experience shows the trust our clients place in our attorneys. Our experience in this area extends to claims and litigation regarding:
- vendor contracts
- banking disputes
- claims of product defect
- insurance issues
- employment matters
- non-compete and non-solicitation agreement
- environmental issues
- trademark infringement
- commercial leases
- construction
- securities
- government contract bid protest matters
Sapientia’s litigation clients range from start-ups and LLCs to major nonprofits and Fortune 500 corporations. Our litigators are equally effective in simple two-party disputes and in complicated multi-jurisdictional, multi-party lawsuits. We have tried and arbitrated numerous cases and handled appeals in both state and federal courts.
In order to be effective during litigation, we also work with our clients at the pre-litigation stage by advising on document preservation and the retention of electronically stored information. We always develop a strategy for document management that is efficient and cost effective for the client, sometimes utilizing third-party vendors where that makes the most sense for our clients.
In addition to core litigation/trial skills, we have particular expertise and success finding alternatives to litigation to resolve business problems. When that is not feasible, we pride ourselves in assisting and partnering with in-house counsel and litigation managers to develop litigation budgets and reserves. Not only do we strive for an excellent outcome for the client, but it is also our goal to make the in-house counsel, risk managers, and other litigations managers’ jobs easier by having hired us.
Our core values perfectly complement our corporate clients’ needs. For each engagement we tailor our litigation strategy and our fee arrangement to the business needs of each client. Throughout each matter we stay attuned to our client’s business needs and adjust our litigation strategy to serve those requirements.
Because of our size and firm model, we have the flexibility that some firms simply cannot offer. We reward our attorneys for offering adaptable billing options that complement our clients’ needs and in turn create a partnership between us.
Product Liability
Sapientia’s lawyers have extensive experience defending manufacturers in personal injury, wrongful death and property damage matters throughout the United States. We have defended a wide array of products, ranging from environmental control systems and alarm systems, to pharmaceutical and medical device products, to industrial and agricultural equipment, to consumer products such as space heaters, smoke detectors and clothes dryers. Our familiarity with the state and federal courts around the country reduces the need for our clients to train local counsel on each case. Our lawyers have repeatedly gotten claims against their manufacturer clients dismissed on summary judgment, and they have a winning record in those cases that have been tried and arbitrated. Our product liability lawyers have also defeated every attempt by opposing plaintiffs to obtain punitive damages against our clients.
Our litigation team partners with manufacturing clients at every stage of product liability assessment and defense:
- We assist manufacturing clients in revising existing product literature and developing new product literature by reviewing installation/operating instructions, warnings and warranties from a litigation standpoint, for clarity and completeness.
- We counsel clients at the pre-litigation claim stage by advising on document retention and preservation of evidence issues, attending site and product inspections, retaining or advising on the selection of internal or outside liability and causation experts, and developing exit strategies for each claim to limit client exposure.
- As regional or national litigation counsel for manufacturers, we work with clients to develop substantive defense strategies as well as litigation management plans to achieve optimal use of client resources and efficient, effective use of outside counsel. We assist our clients’ litigation managers in developing appropriate litigation budgets and reserves for each case and for cumulative product-line exposure.
- We have tried numerous cases, but also recognize the value of early dispositive motions and creative approaches to alternative dispute resolution. Our goal is client satisfaction, and we accept that business considerations often require a change in strategy as a matter progresses.
Sapientia’s core values are particularly suited to clients with product-liability matters because our adaptable billing arrangements can be tailored to single or multiple claims, can complement client financial cycles or budgeting requirements, can include financial incentives for early dispositions or trial successes, and generally align Sapientia’s financial interest with that of each client. As a medium-sized firm, Sapientia is also free from the extensive overhead and substantial bureaucracy that burdens larger firms. This experience and collective wisdom on how best to manage and defend product liability claims makes Sapientia an excellent choice for manufacturers seek ing top-notch representation on product-related claims.
Employment Litigation
Sapientia’s attorneys have experience representing clients in various employment-related litigation such as:
- wrongful discharge and termination claims
- whistleblower and retaliation claims
- unpaid wages, commissions, and vacation pay
- unfair competition and trade secrets
- non-compete and non-solicitation contracts
- discrimination and harassment claims
- agency proceedings
Sapientia’s attorneys have appeared in both state and federal cases in these employment matters. They have also presented employment issues to the Seventh Circuit, Eighth Circuit, and the United States Supreme Court.
As with all client matters, Sapientia is particularly sensitive to litigation costs that clients face. We understand the need for corporate counsel to project and meet company budgets, and we appreciate the difficulty that litigation presents in meeting those objectives. This dilemma becomes increasingly taxing as the number of employment matters rise.
Sapientia welcomes the opportunity to explore alternative fee arrangements in employment-related cases to help clients better control their litigation expenses. We are committed to finding adaptable structures that meet your business needs as well as ours.
Real Estate
Sapientia attorneys offer a wide range of real estate services, ranging from realtor/broker/mortgage originator licensure and regulatory issues, to construction defect claims, to landlord/tenant issues. Sapientia’s flexible fee arrangements allow the firm to work cost-effectively in purchase and sale transactions for industrial, commercial, retail, residential, multi-family and mixed-use properties.
Our real estate team brings experience in the following additional areas of Real Property law:
- Land development and construction activities
- Title examination, survey and environmental due diligence reviews
- Real estate investment, debt and equity financing and management
- Loan documentation, modification, restructuring and enforcement
- Lender advice/assistance with receivership and foreclosure rights
- Negotiation and litigation of contract disputes, lien and priority disputes, and bankruptcy proceedings
- Lease/contract review and advice to close transactions and avoid future disputes
- Governmental approval process for zoning, platting, comprehensive planning, development agreements, environmental issues, and letters of credit
- Distressed real estate and troubled real estate loan portfolios
- Alternatives to judicial foreclosure – Deeds-in-Lieu, Voluntary Foreclosure Agreements, and Forbearance Agreements
Estate Planning, Trusts & Probate
Sapientia Law Group offers full-service estate planning and estate administration services to individuals and families. We explain the law and terminology to our clients, we listen to their goals and concerns, and we respond with sophisticated, practical and value-oriented services to achieve those planning objectives. We are proud to represent a wide spectrum of clients ranging from young couples requiring assistance with their first wills to large estates requiring sophisticated planning techniques.
Estate planning is the area of law concerned with:
- Planning for your property, including the management of your property (assets) during your life and the administration and distribution of your property after your death; and
- Planning for your person, including your health and personal care decisions and those of any minor child or dependent for whom you have responsibility during life.
Our attorneys have significant experience providing estate planning advice and regularly assist clients with the following services:
Estate Planning
- Wills
- Revocable living trusts
- Assistance with trust funding
- Powers of attorney
- Healthcare Directives
- Estate tax reduction strategies
- Guardianships and conservatorships
- Succession planning for family-owned businesses and family cabins
- Life insurance trusts and related planning
- Special needs or supplemental needs trusts
Estate Administration
- Probate
- Conservatorships
- Guardianships
Estate planning is essential for most people. It is a primary step in planning your personal affairs. Our estate planning and estate administration practice is designed to meet our clients’ broad range of needs, from simple to sophisticated.
Consulting Services
Corporate
Not only does Sapientia provide legal services and representation to businesses and non-profit organizations generally, Sapientia also provides specialized organizational consulting services to them. We have experience working with companies’ executive teams, management, and human resource departments to strategize and address personnel issues, professional development planning, and leadership enhancement. Sapientia can also offer expertise and assist corporate management teams in coming up with new ideas and strategies on how to motivate and invigorate their organizations, especially in times of leadership transition, re-assignment of job responsibilities, and promotions.
Non-Profit Entities
In addition to the services listed above, which apply equally to non-profit organizations, Sapientia’s attorneys are also able to consult about and facilitate strategic planning, self-assessment analysis, and organizational effectiveness.
Individual
Our primary consultant, Sarah Oquist, has had tremendous success working with individuals both personally and professionally. She provides strategies to increase competencies, to manage weaknesses, to identify roadblocks to success, and to identify barriers in personal and professional relationships. These services are sometimes sought by individuals and other times sought by companies trying to assist their employees and executives to be more productive and fulfilled. Within a handful of consulting sessions with Sarah, clients have experienced significant improvement in job satisfaction, accomplishment, and attitude.
Insurance Defense
Sapientia’s litigators have a proven track record in insurance defense work under CGL policies, EPL policies, and D&O/E&O and other professional liability policies. We are familiar with the defense guidelines of most major insurers, are very comfortable with task-based billing, blended rates, flat/tiered fee arrangements and welcome the opportunity to enter any fee agreement that aligns interests among all participants in the tripartite relationship of insurer, insured and defense counsel.
From simple auto accidents and premises liability claims to multi-party dramshop, malpractice and employment law claims, we partner with insurers and insured parties to effectively and efficiently defend liability claims and help minimize the risk of future, similar claims.
Regulatory
We represent clients in their dealings with governmental regulators on issues ranging from licensing and product approvals to administrative investigations and inquiries. Our experience with administrative proceedings ranges from narrow investigations of individual agents and licensees to multi-state market conduct examinations and industry-wide regulatory sweeps. Regardless of the matter size, we work with each client not only to achieve the best possible resolution of the pending regulatory matter but also to minimize the risk of future similar matters or related civil suits.
Whether responding to a regulatory subpoena, negotiating a consent decree or defending against an administrative action, we find that our collaborative approach to problem-solving best serves our client’s business interests both on the matter level and in the long term.
Dental and Medical Law
We offer comprehensive legal solutions to dental and medical practice groups and their practitioners. Our attorneys have extensive experience serving health care professionals. Every client we serve deserves and receives advice and assistance unique to his or her circumstances and professional goals. We do not serve up “standard” forms, nor do we suggest one-size-fits-all solutions. The types of services that we provide to dental and medical practitioners include:
- Associate employment agreements. Assistance with the preparation, review, and negotiation of employment agreements.
- Acquisition and transition planning. Assistance with the preparation and negotiation of practice acquisition (associate buy-in) and transition or succession (owner buy-out) agreements.
- Operating agreements and partnership agreements. Assistance with the preparation and negotiation of agreements concerning the rights among practice owners, including buy-sell planning for divorce, disability, death, and departure from practice.
- Office facility leasing. Assistance with the review and negotiation of practice facility leases.
- Professional firm “start-up” and professional entity formation. Assistance with the formation of new practice entities.
- Non-competition agreements. Assistance with the implementation of fair and effective protections against competition by employees and departing owner-practitioners.
- Litigation. Assistance relating to the defense of claims from employees, patients, and departing shareholders/partners.
- Estate planning. Assistance with the preparation of wills, trusts, and asset protection plans for individual dental and medical practitioners and their families.
- Executive coaching. Assistance resolving team challenges and inefficiencies in the dental or medical office environment.
