Keller and Heckman's nationally-recognized litigation attorneys aggressively represent our clients' interests before federal and state courts, and regulatory and industry sanctioned bodies. Additionally, our attorneys participate as advocates in arbitrations, mediations and other alternative dispute regulation forums. Several of our attorneys also act as neutrals in major commercial arbitrations and mediations.
We represent the interests of clients from a wide range of industries, including: drugs (prescription, generic, OTC, homeopathic and medical devices); consumer products; chemicals and pesticides; telecommunications; and food, including dietary supplements. Our clients benefit from the depth and breadth of our resources. Keller and Heckman litigators often work within multi-disciplinary teams consisting of members of our expert in-house scientific staff and our regulatory attorneys with specialized knowledge in the diverse practice areas of the firm.
Some of our specific areas of expertise are outlined below.
Administrative. Keller and Heckman represents clients from a wide range of industries before numerous federal regulatory bodies. Our comprehensive experience with matters related to the Federal Food, Drug, and Cosmetics Act includes helping clients with disputes involving product seizures, recalls, claims of bodily injury and property damage, and packaging and labeling issues. Similarly, we serve clients under investigation and in enforcement actions by the Environmental Protection Agency (EPA) involving environmental and chemical regulatory statutes, by the Federal Trade Commission (FTC) for false advertising claims, by the Occupational Safety and Health Administration (OSHA) arising from workplace safety issues, and by the Drug Enforcement Administration (DEA) in registration revocations.
Advertising and Unfair Competition. Our litigation experience includes representing clients in competitor, consumer and regulatory agency enforcement actions—at the federal, state and local levels. On the state level, we have successfully defended companies in the food, dietary supplement, pharmaceutical and other industries against claims brought under California's unfair trade practices law (Business & Professional Code 17200) and other state unfair trade practices acts. On the federal level, we have prevailed in landmark Lanham Act litigation and have defended clients in false advertising litigation, including purported class actions.
Commercial Litigation. Our attorneys represent companies—from multi-national corporations to small businesses—in a full range of commercial litigation, including: breach of contract; consumer actions, such as class action and private attorneys general suits; insurance claims; and franchise disputes. We also help clients with disputes relating to mergers and acquisitions; intellectual property, including patent infringement, trademark and copyright matters; and contracts. Our litigators also represent clients involved in trade secret disputes, including cases involving protection of computer software and confidentiality clause enforcement.
Product Liability/ Personal Injury Defense. We represent manufacturers, distributors and trade associations in product liability litigation in both state and federal courts. Our clients benefit from our expert technical staff, especially in complex cases, such as "toxic tort" claims, where toxicity and other scientific issues are involved.
Environmental and Toxic Tort Litigation. Our litigators represent companies and trade associations in a broad range of environmental and toxic tort litigation matters involving environmental contamination, alleged toxic exposures through consumer products, enforcement actions by federal and state agencies, appellate work, internal company audits and investigations, and insurance coverage issues. Click here for more information.
Employment Litigation. Our attorneys represent employers against charges of employment contract breaches, discrimination, improper termination and workplace injury.
Representative Matters
- Successfully represented a semiconductor equipment supplier against allegations of breach of contract, lack of good faith and fair dealing, fraud, and unfair competition. The plaintiff had sought approximately $200 million in damages. The defense verdict was selected as one of the Top Defense Verdicts of 2010 by the San Francisco Daily Journal.
- Successfully defended a California grocery retailer in a lawsuit filed by three Union for Food and Commercial Worker-employed plaintiffs alleging that the retailer violated the Rosenthal-Roberti Item Pricing Act.
- Currently represent a major food manufacturer against another major food manufacturer in a Lanham Act false advertising suit involving express comparative claims.
- Currently represent a supplier of component parts in breach of warranty claim arising from a Nationwide CPSC recall.
- Successfully resolved California Unfair Competition claims (17200) against manufacturers of dietary supplements and homeopathic medicine products.
- Successfully obtained a pre-judgment attachment in the amount of $45 million in breach of contract action in the U.S. District Court for the Northern District of California on behalf of a non-U.S. based technology company.
- Served as counsel for a specialty chemical manufacturer in a $50 million action filed by a municipality alleging that chemicals, including DDT, were disposed of at a former manufacturing plant and contaminated or threatened to contaminate public drinking water supplies.
- Currently serving as national coordination counsel for a trade association defending welding fume bodily injury lawsuits in state and federal courts across the country.
- Defended a major apparel manufacturer in a FTC investigation of alleged labeling violations. The case was closed recently by the FTC without action.
- Successfully obtained summary judgment in the U.S. District Court for the Northern District of California in a business defamation claim that led to new management obtaining control of a non-U.S. based software company.
- Favorably settled action in the U.S. District Court for the Northern District of California in breach of earn out provision of stock purchase agreement after preliminary injunction hearing.
- Favorably settled purported three state class actions alleging product liability and contract claims in state court.
- Obtained defense verdict in a state superior court action alleging product liability and breach of contract claims.
For more information on Keller and Heckman's Litigation capabilities, please visit our website at www.khlaw.com.