Civil Litigation

In the modern business world, disputes frequently arise that cannot be resolved without resort to a court of law or an arbitration. The objective of our litigation group is to assist clients in resolving their disputes successfully and economically. Whenever possible we help clients to avoid litigation through negotiation, mediation, “mini-trials” and other forms of “alternative dispute resolution.” When a trial is necessary, Mullen & Henzell L.L.P has an impressive depth and breadth of experience in trial and appellate advocacy. Members of our Litigation Group are experienced in many litigation areas, including business/commercial, real estate, employment, personal injury, insurance, environmental, probate, trust and estate, and construction litigation.

Practice Focus

Business Litigation

Commercial litigation, including suits for breach of contract, fraud and unlawful business practices. This area also encompasses disputes involving partnerships, corporations and other business entities.

Complex Litigation

Large, factually and/or legally complex cases, including, multi-district litigation.

Construction Litigation

Representation of contractors, design professionals and landowners in connection with construction disputes.

Environmental and Land Use

Litigation and administrative proceedings related to land use permitting, approvals, and disputes, frequently concerning environmental issues such as shoreline and wetlands preservation, and hazardous waste disposal.

Personal Injury and Insurance

Prosecution and defense of actions involving personal injury and property damage.

Probate, Trusts and Estates

Litigation of disputes among executors, trustees, beneficiaries and creditors of a decedent; guardianships and conservatorships.

Real Estate Litigation

Litigation relating to land transfers, boundaries, foreclosure, development, leasing, condemnation and real estate brokers.

Insurance coverage

Insurance coverage and litigation. Experience includes bad faith, liability, disability, major medical, homeowner’s, inland and wet marine, employers, credit, accidental death and dismemberment, reinsurance, excess, umbrella, insolvency, and Lloyd’s marketplace.

Client Profiles

Our Business & Real Estate Group handles coordinates the planning, design, negotiation and implementation of transactional solutions to complex business and real estate issues. Acquisition, finance, operations, land use, disposition, and environmental matters. We provide services that will allow employers to better understand the legal issues that may impact the employment relationship while maximizing their goals and long-range plans.

Our firm provides consideration of the unique issues relating to closely held and family business interests in terms of ownership transition, regulation, realization and preservation of value. We believe that it is vital to understand and address the full range of needs and goals of the closely held and family-owned companies we represent. Our firm has over five decades of trust and estate, business and real estate, and litigation experience, and has the skill and discretion to handle even the most sensitive and complex matters. We have earned the confidence of many generations of clients. We are often called upon to be innovators; to design creative legal solutions to some of life’s most difficult challenges.

Some of the services we provide to closely held and family-owned businesses include:

  • Forming business entities such as C corporations, S corporations, general partnerships, or limited liability companies, as the needs of the business and its owners dictate
  • Assisting in acquisition of real estate and lease of property, including sale-leasebacks with owners
  • Assisting in locating and negotiating loans from traditional and non traditional sources
  • Analyzing and structuring transactions in order to minimize federal and state income, excise and transfer taxes
  • Providing practical advice and representation in all employment-related matters, including preparation of handbooks and employment applications and providing advice about the hiring and termination of employees
  • Offering creative solutions to resolve disputes, short of litigation, including arbitration and mediation.
  • Litigation services when other solutions fail.
  • Structuring executive compensation using techniques that reward key employees and building loyalty to owners
  • Coordinating business planning with owners’ estate planning
  • Business Valuation
  • Complex Estate Planning

Our Business & Real Estate Group identifies with individuals, entrepreneurs, and businesses of all sizes, providing them with counsel on how to assemble and manage a successful business enterprise. From business formation to dissolution, we can assist you with all your business as well as potential litigation needs.

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Our Firm provides legal services to a wide range of Charitable Organizations including hospitals, educational institutions, social service organizations, religious organizations, cultural institutions, and private and public foundations. We are active in the nonprofit community as members of many local boards.

Our Business & Real Estate Group can establish and maintain the tax-exempt status of public charities and private foundations establish the deductibility of charitable contributions, advice on board governance issues, develop policies and corporate compliance programs.

Our Estate & Family Wealth Planning Group can create and assist in the integration of charitable giving plans.

Our Employment and Labor Group provides top quality client service to charities and other nonprofit and tax-exempt organizations in the areas of nonprofit law. We counsel clients with respect to various aspects of nonprofit law, best practices, and strategies to facilitate greater board participation and effectiveness in leading the organization, and protections against liability for nonprofit leaders.

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We provide assistance with insurance coverage and litigation. Our firm’s experience includes dealing with bad faith, liability, disability, major medical, homeowner’s, inland and wet marine, employers, credit, accidental death and dismemberment, reinsurance, excess, umbrella, insolvency, and Lloyd’s marketplace.