HOME | OUR PRACTICE | LITIGATION
The Firm's litigation practice is built around a core group of litigators with decades of experience trying cases and resolving complex business disputes. Because these attorneys are drawn from the nation's largest and most respected law firms, the Firm is able to provide "big firm" service without "big firm" overhead, which translates to more efficient work and lower billing rates for clients. Moreover, without legions of junior attorneys to train, the Firm strives in all instances to staff cases efficiently, often with one or two litigators. As a result, the Firm's clients avoid duplicative billing while their matters are handled directly by the lead litigator through every stage of the process. Finally, because the Firm frequently handles litigation under alternative billing arrangements, including straight contingency matters or capped fee or success fee arrangements, our litigators are willing to share the risks of litigation with our clients and have experienced litigation through the eyes of the one paying the bill. As a result, the Firm's litigators are quite familiar with the law of diminishing returns and understand how to obtain outstanding results in a cost-efficient manner.
Environmental Litigation
When the need arises, Fognani & Faught aggressively represents its clients in court. We have extensive litigation experience on environmental issues in state and federal courts. The Firm has represented a diverse number of interests in CERCLA-related litigation, including mining, energy, oil and gas, municipalities and manufacturing entities throughout the country. We have worked on a number of highly visible litigated environmental and natural resources matters, including defense of natural resources damage cases, with pendent state law claims, e.g., State of Colorado v. Asarco Incorporated (natural resources damage action); United States v. Rockwell Int'l (defense of Rockwell International Corporation in the Rocky Flats Plant criminal and environmental investigation); United States v. Friedland (defense of board members and officers in the Summitville Mine Superfund CERCLA action); and CERCLA litigation involving Lowry Landfill, Casmalia Landfill, Tonnolli Landfill, CSMRI Superfund Site, San Mateo Superfund Site and many other sites, along with pursuit of third-party claims and insurance recovery.
We also have defended and prosecuted a number of citizen suits under federal environmental statutes and toxic tort actions in state courts, including, for example, the California toxic tort suit of In re Redlands, involving El Paso Natural Gas Company, among others, in Southern California; Wilson v. Amoco Corp, (RCRA citizen suit); and Upton v. USDOE, et al. The Firm also has challenged, on behalf of its clients, final environmental regulations in the United States Circuit Courts, including the District of Columbia Circuit. John Fognani successfully negotiated the resolution in Colorado of a $500 million penalty liability under Title V of the Clean Air Act for Vastar Resources.
The Firm has environmental litigators with substantial trial experience, as well as lawyers with extensive backgrounds in appellate advocacy. The Firm's environmental lawyers are familiar with the issues pertaining to CERCLA liability and its various defenses, apportionment, owner/operator liability, natural resources damages, cost recovery and contribution, steering committee work and multiple-party sites and actions. Many of the Firm's lawyers focus their activities on environmental practice areas, including environmental insurance coverage litigation. A number of the lawyers have substantial environmental experience in judicial and administrative proceedings, including citizen suits, enforcement actions, toxic tort actions and various state and federal district court and appellate court cases. In November 1990, John Faught had the privilege of arguing a case before the United States Supreme Court.
The Firm's attorneys have extensive litigation experience in the metals industry related to smelting and refining operations. For instance, John Fognani successfully litigated a series of federal appellate cases in the District of Columbia Circuit Court regarding the United States Environmental Protection Agency's regulatory definition of solid waste that have withstood the test of time and still benefit the smelting and refining industry. Our attorneys were involved in the defense of a class action related to the Globe smelter located just outside of Denver, Colorado. The litigation culminated in a six-week jury trial involving allegations related to the impacts from the smelting operations on the surrounding community. Through this litigation and representation of other clients, our attorneys have valuable knowledge and experience in the operations of a metals-refining facility and the potential issues that may result in litigation exposure on the part of the owner and operator of such a facility.
Corporate/Commercial Litigation
The commercial litigation practice of Fognani & Faught concentrates on large-scale dispute resolution, cost containment and liability management for "Fortune 500" and equivalent privately-held companies. The Firm's lawyers practice before state and federal trial and appellate courts and before state and federal administrative tribunals. The Firm also participates in arbitration and mediation sessions to resolve commercial and business-related disputes.
The Firm's lawyers have litigated diverse controversies arising from commercial contracts, including securities and real estate purchase and sales agreements, equipment leasing and insurance policies, as well as design and construction contracts. In addition, they have litigated numerous matters under a variety of federal and state statutes, including securities laws and RICO.
The Firm has developed considerable expertise in litigating consumer fraud and toxic tort class actions through its representation of both plaintiff classes and defendants. See, e.g., Lockheed Martin Corp. v. Superior Court, 131 Cal.Rptr.2d 1 (Cal. 2003); Wilshire, et al. v. Houston Light & Power Company and Honeywell, Inc., (Tex.); Advantek Pro, Inc., et al. v. ADT Security Services, Inc., Case No. 04-CV-587 (Colo.); Crandall, et al. v. The City and County of Denver, Colorado, Case No. 03-CV-5186 (Colo.). As a result of its experience on both sides of the class-action equation, the Firm is uniquely qualified to defend corporations facing class claims.
In the Firm's construction law practice, the lawyers are experienced in various construction-related matters including construction defects, delay damage and disruption claims, engineering and architectural claims, design and warranty claims and contractor termination claims. In addition, the Firm routinely represents clients in the related insurance coverage disputes that occasionally result from construction-related litigation. These disputes have involved blast furnaces, power plants, manufacturing facilities, high-rise office towers and school buildings.
In its construction law practice, the Firm has represented architects, engineers, owners, developers, contractors, construction managers, subcontractors and environmental consulting firms in cases ranging from contract disputes and warranty claims to wrongful terminations and negligence claims.
Insurance Coverage Litigation
Within its insurance coverage and litigation practice, the Firm advises clients regarding their rights under their policies of insurance, assists them in bringing claims against the carriers of those policies, and, if necessary, litigates those claims against insurers who failed to honor their policies. The lawyers of the Firm have litigated discreet insurance claims, as well as global actions against multiple carriers, particularly in the environmental area. In conjunction with its natural resources litigation experience, the Firm has devised comprehensive strategies to maximize all potential recoveries and offsets. The Firm has also provided advice on the utility of non-routine coverages for credit enhancement, liability shifting and cost containment.
Fognani & Faught has extensive litigation and appellate experience regarding mining issues and has been successfully involved in a number of seminal cases of national significance, such as the cases filed on behalf of the American Mining Congress (National Mining Association) and member companies in the United States Court of Appeals for the District of Columbia Circuit challenging various governmental regulations and environmental programs. John Fognani was lead counsel in a suit filed by the American Mining Congress against the United States Environmental Protection Agency, AMC v. EPA, 824 F.2d 1177 (D.C. Cir. 1987), in which EPA's regulatory definition of solid waste and its application to the mining industry were successfully challenged.
Fraud Prosecution/Defense
Fognani & Faught has both defended and prosecuted complex fraud claims. It has successfully litigated cases involving RICO claims, as well as claims filed under the False Claims Act, one of which alleged fraud against the United States. In another matter, the Firm was instrumental in investigating fraud that was believed to have been perpetrated against the United States in the Summitville Mine CERCLA matter. As a result of that investigation, the client received a favorable settlement with the United States Environmental Protection Agency and the State of Colorado.
Minority Shareholder Rights
Fognani & Faught has represented clients in both the prosecution and defense of minority rights' claims in various jurisdictions in the United States. This area of the Firm's practice is increasingly the subject of interest and inquiry from clients and prospective clients.
International Arbitration and Dispute Resolution
Since establishing its relationships with various clients in China and Mongolia, Fognani & Faught has been called upon on several occasions for different mining clients and projects in Mongolia to evaluate circumstances involving possible government expropriation and creeping forms of nationalization. In those instances, international arbitration pleadings have been prepared and used in effecting a prompt resolution of the matters at issue with the government. In other circumstances, the Firm has used its knowledge of Mongolian and international laws to advise mining clients and in developing strategies to interface with the government to achieve a favorable and mutually acceptable outcome.
Disclaimer
|
|
