Commercial Litigation Department

Experience

Sigman, Janssen, Stack, Sewall & Pitz has one of the most comprehensive litigation practices in the Fox Cities. We are renowned for our courtroom skills, but we prefer to help our client's by providing the insight and advice necessary to circumvent litigation through preventive counseling. Where litigation is unavoidable, we strive to position your case for an early prudent settlement with the most favorable business solution. When your business is confronted with litigation, be it a breach of contract, an employee claim, or shareholder/partner dispute, it is critical to have a law firm that offers both broad business and litigation experience with the demonstrated ability to protect your interests and the ability to fashion an expedient, effective, and economic solution.

Our Commercial Litigation Department's experience and willingness to go to court and try cases before judges and juries enables our team to negotiate with opposing attorneys from a position of strength and confidence. Our experience has proved that many lawyers today like to "litigate," i.e., push paper and take depositions, but few like to stand up in a courtroom and try a case. Our willingness to tell our client's story in court often enables us to obtain the best negotiation and settlement, if settlement is in the best interest of the client.

Sigman, Janssen, Stack, Sewall & Pitz provides quality representation by combining professionals from all the firm's Departments. Our network of Departments allows us to provide clients with a cost-effective and coordinated strategy in matters involving multiple areas of law. Our broad range of experience allows our Litigation Department to meet each client's unique needs, ranging from a simple issue handled by a single attorney to a complex lawsuit utilizing several Departments.

In addition to litigation skills, many of our Attorneys have significant experience in arbitration, mediation and other forms of alternative dispute resolution ("ADR"). ADR seeks to resolve disputes through methods that lower your legal costs, provide expedient results, and reduce publicity.

Our Attorneys are adept at case budgeting and management to assist each client in assessing and financing the business risks of litigation. We address each of our clients' issues using a cost-benefit case management approach that focuses on factors such as the probability of success and cost of trial vs. settlement. We also include in our analysis, intangible factors, including the impact that a publicized trial may impose upon the client's business reputation and good will.

Our knowledge of your industry and our understanding of how your business works are the two key components of our Commercial Litigation Department. We serve small, medium, and large businesses throughout the Fox Valley-- and we would relish the opportunity to work for you. Whether in a commercial or individual setting, we fight to protect the rights of our clients.

We would be delighted to help you with your legal questions. Please contact our office, toll free, at 800-333-5201, 24 hours a day, or send us an email to schedule a consultation with one of our Attorneys.

Practice Areas

Breach of Contract (Warranty, Collections, Noncompetes)
Legal disputes within the commercial setting are diverse. The majority of disputes which we encounter involve the rights and obligations that flow from a contract; including, breach of purchase/sales agreement, breach of warranty, the collection of receivables, and the enforcement/defense of noncompete agreements. We will provide practical legal advice based on the nature of the dispute, the language of the contract and relevant statutes. We will assist with negotiations, litigation, mediation or arbitration as appropriate.

Lease Agreements/Real Estate Litigation
We litigate lease agreements, foreclosure of real estate, chattel mortgages, and other claims arising out of the purchase and sale of real property. Members of the firm have acted in various injunction applications relating to land use involving environmental issues and title.

Business Torts (Interference with Contract, Unfair Competition, Trademark/Trade Secret Misappropriation)
We have experience in litigating and defending business torts such as interference with contractual relations, shareholder disputes, unfair competition, infringement of trade secrets, and defamation/slander. We also may provide expertise and advice on product liability defense.

Franchise/Dealership Disputes
Our Franchise Team specializes in the representation of businesses using franchising, licensing, dealership, or direct selling arrangements for the distribution of goods and services. Our lawyers have a broad range of experience in the legal disciplines affecting franchises, including: structuring, regulatory compliance, contracts, transactions, intellectual property, dispute resolution, antitrust, administrative, and legislative matters. We have represented a number of businesses in a wide variety of trades and industries, and other retail businesses and services.

Foreclosures/Lender Liability
Financial institutions, businesses, and trustees regularly seek our services in restructuring, liquidation, and insolvency matters, whether local or national. We have experience in bank-related litigation, including loan workout agreements, foreclosure, lender liability, debtors’ and creditors’ rights, security enforcement, and bills of exchange.

Construction Disputes/Mechanic’s Lien(s)
Construction litigation has been a major component of the firm's Commercial Litigation Department since its founding. The firm represents all types of defendants, including owners, contractors and design professionals. The firm represents builders, developers, buyers, architects, owners, and engineers in contract drafting as well as actions arising out of contract disputes. These actions frequently involve defects in performance, breaches of warranty, contractor default and financial collapse. The firm also represents both owners and claimants in connection with mechanic's liens and other liens asserted on private and public projects of all sizes.

Product Liability Prevention
Our Commercial Litigation Department is developing seminars on risk management for its business clients. Our counseling focuses on methods to reduce exposure, including preparation or modification of instruction and warning language, and the advisability of certain product safety features. We also provide counseling on disclaimers, express and implied warranties, and other aspects of the Uniform Commercial Code.

Environmental/Regulatory Issues
Our lawyers have had tremendous success identifying practical solutions to an extraordinary variety of environmental problems for corporate clients throughout Northeast Wisconsin. Increasingly, our work includes broad issues connected with the use of wetland development, private and public resources: water quality and water quantity, Endangered Species Act, and ever-increasing governmental regulation of all aspects of business.

Labor (Employee Claims, EEOC, DWD, Workers' Compensation)
Our Commercial Litigation Department handles labor claims, discriminatory practices and wrongful discharge. We provide comprehensive employment relations representation to all types of manufacturing, retail, and service businesses. Our services include: assistance with the development and evaluation of personnel policies and procedures, including compliance with the Americans with Disabilities Act Title VII and Wisconsin Civil Rights laws; defense of employers against all claims filed by former, current, and prospective employees for discrimination, harassment, constructive discharge, wrongful discharge, unemployment compensation and breach of contract; and representation of employers on issues relating to organized labor including union organizing activities, representation elections, collective bargaining, and arbitration.

Professional Liability
We are often called upon to handle liability issues relating to bankers, accountants, auditors, notaries, directors, corporate officers, and other business professionals. We have the capacity to represent a variety of professionals before their regulatory and disciplinary bodies.

Securities/White-Collar Defense
This area of practice principally involves fraudulent transactions where the firm represents corporations, partnerships, and individuals as plaintiffs or defendants. We will handle issues involving securities and commodities-related, business, labor, and other white-collar criminal defense. Additionally, our team members have been retained by corporations to conduct internal investigations of suspected employee or officer misconduct. Our practice also encompasses investigations and prosecutions for tax fraud and criminal antitrust and RICO violations.

Commercial Litigation Team

Thomas J. Janssen
Christopher H. Evenson
Ana B. Rattray
Brian P. Hodgkiss

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