Our Practice Areas

The litigation team of Berger Harris is comprised of attorneys with big firm experience in complex civil litigation, including commercial and corporate disputes, business divorces, commercial torts, real estate and employment matters, among others. We have in-depth experience in representing plaintiffs and defendants in a broad range of high-stakes disputes concerning corporations, partnerships, limited liability companies and other Delaware entities in both state and federal courts, particularly in the Delaware Court of Chancery, the nation’s preeminent business litigation forum.

Corporate

The “bread and butter” of Berger Harris’s litigation practice has always been the areas of corporate and business entity-related disputes. Our attorneys represent both public and private companies and their directors. Berger Harris has served as counsel in stockholder, partner, and member-driven suits (including class actions and suits involving derivative claims) in disputes regarding transactions (such as buy-outs, asset and stock sales, and mergers) that implicate the fiduciary duties owed by company management. In addition, Berger Harris regularly represents clients in books and records demands, applications for injunctive relief, and other types of expedited corporate litigation proceedings. Berger Harris attorneys have litigated or otherwise provided counsel in corporate disputes Delaware courts as well as matters of Delaware law heard in other jurisdictions, including New York, Texas and even such far-flung foreign jurisdictions as Israel, Taiwan and Latvia.

Business Divorces

Berger Harris attorneys have particularly deep experience in representing clients in “business divorce” matters, where we have a proven track record of achieving both out of court solutions and litigation results for our clients. We accomplish favorable outcomes by employing a cost-effective, business-oriented approach that is unique in the litigation context.

General Commercial Litigation

Our attorneys represent clients in cases involving routine commercial disputes, including both contract- and tort-based claims. Causes of action litigated by Berger Harris include breach of contract, breach of the covenant of good faith and fair dealing, trade defamation, commercial fraud, and quasi-contractual claims such as quantum meruit, unjust enrichment and promissory estoppel.

Employment

Berger Harris attorneys represent clients in a full range of employment litigation matters under federal and state law, achieving favorable judgments and resolutions in the enforcement and contesting of restrictive covenants, noncompete and nonsolicitation agreements, enforcement of employment agreements by terminated employees, and prosecution and defense of claims under the FLSA, ADA, and ADEA, as well as employment discrimination suits based on race, sex, and sexual orientation.

Real Estate

Berger Harris offers its clients litigation services in the field of real estate law, including complex equitable claims such as specific performance actions. Berger Harris attorneys have successfully obtained a ruling from the Delaware Superior Court holding as a matter of first impression that vendors of land owe no duty to third parties coming on the property after the date of sale. Berger Harris has also served as counsel in foreclosure actions, commercial landlord-tenant disputes, and other matters revolving around the possession or operation of real property.

Trade Secrets

The protection of trade secrets is a principal concerns for many Berger Harris clients, who often are required to develop innovative products and services in a business environment featuring increasingly short product life spans and diminishing loyalty by employees. Our clients rely on Berger Harris’s proven track record to protect their trade secret-related interests. Our lawyers have successfully represented clients, both as plaintiffs and defendants, at all stages of trade secret investigation and litigation.

Alternative Dispute Resolution

While Berger Harris prides itself on our reputation as a capable Delaware litigation firm, parties often would like the opportunity to resolve their disputes without a trial.

In these instances, alternative dispute resolution (ADR) offers a way to save significant time and expense over traditional litigation. ADR proceedings include such options as mediation, arbitration (both binding and non-binding) and third-party neutral evaluation. Berger Harris attorneys have extensive experience as both advocates and mediators, arbitrators and third-party neutrals in all manner of ADR proceedings.

Depending on the circumstances of the case, the form and style of the ADR process is under the parties’ control. Any of these forms of ADR can be a more cost-effective and expeditious means of resolving a dispute than trial, and our attorneys can offer qualified counsel to assist in weighing different options and navigating through the associated procedures.

Lender Liability

Berger Harris represents both lenders and borrowers in suits alleging bad faith lending practices. We continue to obtain favorable results for many of our clients seeking to enforce their rights in creditor-debtor disputes.