Litigation

Aggressive.  It’s the one word that best captures our approach to litigation.  It’s the word we would pick, and we’ve heard it’s the word our adversaries use more than any other (at least more than any other that can be repeated here).  It means making an all-out effort to win or succeed; being vigorously energetic, especially in the use of initiative and forcefulness; being boldly assertive and forward.  We believe – unapologetically – that when the gloves come off, aggressive is a highly desirable characteristic (and our results suggest we’re right – click here for a small sample).  So go ahead and call us aggressive.  Just make sure you call us.

Of course, there is a lot more to Cheng Cohen’s litigation practice group than a list of litigation wins.  First and foremost, we understand the cost and distraction litigation entails.  We measure our success as much by the disputes we help clients avoid as by the victories we achieve.  In fact, we think we’re most useful and bring the greatest value when we’re applying the frontline lessons we’ve learned to head-off litigation or, where that’s unavoidable, to maximize our clients’ chances of success through careful advance planning.

Cheng Cohen litigators work intimately with clients to help them understand how business practices – existing or contemplated – might create liability risk.  We suggest ways of doing business that will reduce that risk and lessen the likelihood of litigation.  We help clients monitor and manage their commercial relationships to keep them in line, moving forward and productive.  Our litigators also work seamlessly with our transactional and franchise groups to ensure that our clients’ deals and documents, agreements and disclosures reflect the latest developments and decisions and what’s happening on the ground, and to optimize our clients’ position in the event those deals and transactions result in litigation.

So, sure, we’re aggressive when it comes to litigation.  But some of our best work is done keeping our clients out of litigation so they can focus on the business of running their businesses. Here’s just a sample of what we do:


  • Represent clients in business and commercial disputes in state and federal trial and appellate courts across the country, and in alternative dispute resolution forums such as arbitration and mediation;
  • Protect intellectual property rights, like trademarks, trade secrets and proprietary or confidential information;
  • Represent clients in class action, mass action, consolidated, multi-forum, multi-party and other complex commercial litigation;
  • Develop and implement litigation programs to achieve strategic business objectives;
  • Assist in developing system standards enforcement programs;
  • Develop and implement document retention and destruction policies, and compliance with document preservation requirements both before and during litigation;
  • Draft advantageous dispute resolution contract provisions;
  • Develop and implement of internal dispute management systems and ombudsman programs;
  • Assist in conducting corporate and internal investigations; and
  • Represent clients before state and federal investigatory and regulatory agencies in connection with inquiries, investigations and enforcement actions.
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