The business attorneys at C&S can help you realize your vision and protect what matters most by developing long-lasting relationships with clients and offering services to meet every phase of the business from start-up to sale or dissolution.
TRADE SECRETS
Christian & Small has a wealth of experience litigating cases concerning the misappropriation of trade secrets. Our attorneys litigate claims involving trademark infringement, unfair competition, dilution, and misappropriation of trade secrets in federal and state courts. We have helped clients recover lost profits and damages and have secured injunctive relief from the courts. We have drafted and sought enforcement of non-competes, restrictive covenants, and confidential non-disclosure agreements. Moreover, our experience allows us to educate our clients about the best methods for protecting themselves before a problem arises.
SECURITIES and FINANCIAL SERVICES LITIGATION
Rampant and well-publicized cases of securities fraud have created the need for more legislative oversight and increased reporting for publicly held companies. Highly regulated securities and financial companies are often the subjects of audits, investigations, and class action lawsuits brought by shareholders seeking damages.
Our attorneys have handled security matters including:
- Securities litigation
- Insider trading litigation
- Regulatory investigations
- Internal investigations
- Broker-dealer arbitration
- SEC and NASD inspections
- SEC administrative proceedings
- Investment adviser matters
BUSINESS and COMMERCIAL LITIGATION
Commercial litigation covers a vast arena. Having attorneys with diverse commercial litigation experience that understand your business, objectives, and the consequences of actions throughout the case is a game-changer. They can devise and execute strategies designed to achieve a favorable result while minimizing disruptions and costs.
Our attorneys have tried, arbitrated, mediated, and handled appeals of virtually every type of commercial dispute including contracts, business torts, securities, shareholder disputes, antitrust, intellectual property, and trade secret litigation.
- Defended software company against claims for theft secrets and for inducing a competitor’s chief information officer to breach a covenant not to compete. When the jury returned an adverse verdict following a three-week trial, Christian & Small obtained a reversal of the verdict (and ultimately a complete dismissal for its client) when the Alabama Supreme Court agreed that no evidence of a trade secret has been presented.
- Christian & Small served as lead counsel for the largest unsecured creditor of a nearly 100-year old shipyard in the commencement of a contested involuntary bankruptcy. Through a complex chain of efforts, the firm was able to force a sale of corporate assets, obtain an allowed claim in excess of $40 million and negotiate favorable concessions in a hard-fought fight that resulted in the confirmation of a consensual plan.
- The firm served as part of the litigation team that represented the bankruptcy trustee of Just for Feet, which at the time of filing was one of the largest athletic shoe retailers in the country. Through the aggressive pursuit of accounting malpractice and corporate governance claims, Christian & Small was a principal part of the team that successfully resolved the case on terms reported nationally in the Wall Street Journal.
DIRECTORS & OFFICER SHAREHOLDER LITIGATION
Difficult and complex decisions are made in corporate board rooms and C-suites on a daily basis. Increasingly we see these corporate leaders in the crosshairs of those who seek to question and scrutinize every action and decision, including liability lawsuits, government, and criminal investigations. Christian & Small regularly defends the decisions of corporate leadership in derivative and direct lawsuits, government regulatory actions, and assists companies conducting internal investigations.
Our attorneys bring an in-depth understanding of corporate law and the dynamics of officer, director, and shareholder litigation. Christian & Small routinely handles matters of disputes relating to mergers and acquisitions, corporate ownership or transfer, executive compensation, antitrust, securities issues, business interference, trade practices, bankruptcy, whistleblowers actions, corporate espionage, internal fraud, regulatory investigations, shareholder oppression, and squeeze-out claims.
Class Action Expertise
Director & Officer (D&O) litigation often involves class action allegations and/or alleged violations of federal and state unfair trade practice laws, including alleged violations of both federal and state securities laws. Our attorneys have substantial experience in handling such matters and are adept at defending cases ranging from complex, multi-state actions to close corporate internal disputes. The firm serves as a trusted advisor to the corporate management team and boards of directors who seek to guard against corporate impropriety and ensure compliance with state and federal laws. Our attorneys help management teams ensure that they govern in accordance with the highest standards of corporate responsibility.
FORMATION
How a business is organized and structured impacts every aspect of the company’s operations including the level of control over business decisions, tax reporting and filing requirements, employment status, liability exposure, protection of personal and professional assets, and how capital is raised.
Our business attorneys have extensive experience and understanding of the pros and cons of all types of business entities, including:
- Sole Proprietorships
- General, Limited or Limited Liability Partnerships
- Joint Ventures
- Corporations (C or S)
- Limited Liabilities Companies (LLCs)
- Business Trusts
We offer complete business planning representation and advise clients on business-related agreements including:
- Operating agreements
- Stock purchase or buy-sell agreements
- Employment contracts
- Joint venture agreements
- Independent contractor arrangements
- Shareholder agreements
- Restrictive covenants
- Registration and qualification of domestic and foreign entities
CONTRACTS
As a business grows, it is imperative that carefully drafted contracts are put in place. The commercial contract attorneys of Christian & Small ensure that every contract contains the necessary legal elements in a clear and concise manner easily understood by each party. We routinely work on agreements and contracts involving:
- Advertising agreements
- Agency or commission agreements
- Construction
- Distribution agreements
- Franchise agreements
- Information technology
- Intellectual property
- Labor agreements
- Licensing agreements
- Manufacturing agreements
- Real Estate
- Severance packages
- Supply
If a disagreement should arise, our commercial litigators work seamlessly with the contracts group to ensure effective and efficient representation in state or federal courts. Our attorneys represent individuals, closely-held businesses, and major corporations in cases including class actions, commercial arbitrations, and contractual disputes.