LEGAL ADVICE & LITIGATION
Berens & Miller is primarily a litigation firm. We also serve as general counsel to organizations, providing practical business advice and other legal services. Our clients include Fortune 500 corporations, private companies, institutions, labor unions, non-profit organizations, and individuals. While we are based in the Midwest, we frequently represent clients in court proceedings and other dispute resolution forums throughout the country.
Complex commercial litigation cases requires attorneys with a thorough understanding of business law and the expertise to take a case through what is often a lengthy litigation process. Berens & Miller attorneys have extensive experience in litigating complex business disputes—from noncompete cases to those involving intellectual property. For example, our attorneys have handled significant complex litigation involving antitrust, RICO claims, shareholder derivative claims, as well as thorny contract disputes regarding equipment leasing and television broadcast rights.
When we take on a case, we relentlessly investigate the facts, thoroughly research the law, and devise a litigation strategy for reaching our client’s desired outcome. Then we aggressively, but efficiently, execute the plan.
- Practice Areas & Industries Served
We provide legal services to our clients who compete in a variety of industries, including the financial credit scoring arena, the construction, manufacturing, banking, insurance and financial industries, as well as players’ labor unions.
The legal services we provide to our clients cover a broad array of practice areas: antitrust, complex commercial litigation, labor and employment disputes, and intellectual property (patents, trademarks, and copyright).
Our representative clients include Allianz Life Insurance Company of North America (complex insurance matters), the NFL Players Association (NFLPA) (antitrust and other matters), Fox Group (telecast rights), Homeownership Preservation Foundation (outside general counsel), VantageScore Solutions (outside general counsel, including for antitrust and other matters), Flint Hills Resources (construction), Microsoft (intellectual property), Facebook (intellectual property), Park Place Entertainment (now Caesars Entertainment, Inc.)(shareholder dispute), The Prudential Insurance Company of America (ERISA and other matters), Prudential Financial, Inc. (financial), R.B.C. Dain Rauscher (various), McDonalds (various), FDIC (various), the NHL Players Association (antitrust), the NBA Players Association (antitrust), AT&T (various), The Gap (various), the UnitedHealth Group Special Litigation Committee (stock options) and the Regis Corporation Special Litigation Committee (alleged excessive executive compensation).
- Practical Business Advice
The firm serves a general counsel role to several small-to-midsize entities. We are trusted advisors to our clients in matters ranging from antitrust concerns to employment and labor disputes. In this role, we listen closely to our clients to understand the precise issues and risks the company seeks to minimize and/or avoid, and we advise our clients accordingly.
We advise boards of directors regarding antitrust concerns, and provide training to board members and management on various topics, including fiduciary duty, fundraising, and lobbying. We regularly provide advice regarding improving governance practices by preparing and revising bylaws, and preparing and revising board committee charters. We also attend board meetings and prepare board and committee minutes, written actions, and we revised board and corporate policies to ensure compliance with IRS and other regulations.
We provide practical advice to employers on an on-going basis regarding all aspects of the employment relationship, including hiring and disciplinary practices, reduction-in-force issues, compensation practices, non-compete issues and discrimination and harassment issues. We work with our clients to establish policies, procedures, and training to reduce risk and ensure compliance with the law.
We place a high value on accessibility and responsiveness. We understand that our clients need and expect legal advice delivered quickly and concisely. We are trusted advisors to our clients in matters ranging from pre-litigation strategies to the relative benefits of settlement or mediation, and the decision of when to take a case to trial. We are fierce advocates for our clients both in and outside the courtroom. We look at the challenges and issues our clients face from both sides of the dispute to put together an effective plan to reduce risk and prevail in court.
We also recognize the importance of diversity and service to our community. The firm is a certified Women Business Enterprise and we are proud of our membership in the National Association of Women and Minority Owned Law firms (NAMWOLF). Our attorneys and staff give generously of their time, talent, and resources, and make a difference in the communities in which they live and work.
