- Adoption
- Criminal Defense“BakerHostetler is a large national firm that is well known for its litigation capabilities. It is noted for its strong white-collar criminal defense expertise, including the representation of clients in investigations brought by various governmental agencies.”
- FraudRepresented an e-commerce company in a consumer fraud class action alleging that the company violated Missouri’s Merchandising Practices Act by installing flash cookies on the computers of consumers who visited the company’s website. More »
- White Collar Crimes
- Theft
- MurderRepresent Arkansas defendant convicted for a murder that occurred when he was 14, and sentenced to life in prison without the possibility of parole. BakerHostetler successfully obtained a habeas petition to vacate the defendant’s sentence. On the eve of the new trial, the parties agreed to a new sentence such that the defendant would be eligible for parole. In 2019, after nearly 15 years in prison, the defendant was released from prison.
- Restraining OrderWhile we counsel companies to avoid costly litigation when appropriate, our team litigates – and wins – noncompete and trade secrets cases nationally when necessary to serve clients’ interests. We have first-rate, experienced, first-chair noncompete and trade secrets litigators on the ground in nearly all our offices. We are a fully capable, national litigation strike force able to bring or defend against temporary restraining order (TRO) and injunction motions on a moment’s notice and litigate cases through to trial when appropriate, whether they involve claims under the Defend Trade Secrets Act, any state’s version of the Uniform Trade Secrets Act, or state common law or related business torts. In noncompete and trade secrets litigation, speed and strategy are key, and our team has the expertise and experience to act quickly and effectively to achieve the results clients need.
- Money LaunderingCompliance with state, national and international regulations is a vital part of succeeding in business today. The increasing complexity of regulations and policies can challenge the resources of even the most sophisticated business, and an enforcement action – or the threat of one – can have serious repercussions. Our interdisciplinary group is prepared to address the myriad of compliance issues with a holistic approach covering risk assessment, prevention and implementation, and resolution. We have in-depth knowledge and experience in developing compliance programs specifically tailored to each client, designed to help prevent corporate officers and employees from engaging in illegal practices such as bribery, collusion, money laundering and fraud. We benchmark the U.S. Department of Justice (DOJ) sentencing guidelines and other guidance to develop strong compliance programs.
- Internet CrimesBakerHostetler’s experience in handling copyright issues in media spans more than 95 years. Throughout this time, we have worked alongside our clients as they grappled with changes in the way content is distributed, copied and created. Our team of sophisticated attorneys and professionals utilizes its experience in software and reproduction technologies, along with its deep understanding in intellectual property, media, and Internet law, to remain at the forefront of legal issues, including those created by evolving technologies. This broad base of knowledge and skills allow us to provide our clients with focused solutions in a cost-effective manner, regardless of industry type or company size.
- Corporate LawWith nearly 100 years of experience in advising media companies, BakerHostetler is a leader in understanding the issues essential to success in this arena. We represent content makers and content distributors across the spectrum of today’s media landscape, providing comprehensive counsel that encompasses corporate governance and transactions, cybersecurity and digital assets, intellectual property, government regulation and compliance, First Amendment issues, and more.
- Mergers and AcquisitionsWe have six core practice groups: Business, Digital Assets and Data Management, Intellectual Property, Labor and Employment, Litigation, and Tax. Within these groups are several large specialty practices, including antitrust, bankruptcy, healthcare, energy, middle market mergers and acquisitions, complex commercial litigation, data privacy and security, patent prosecution and international tax. Our attorneys have broad knowledge and experience in many industries, including energy, media, manufacturing, healthcare, financial services and insurance, consumer products, and hospitality.
- Business DisputesOur team includes industry-leading lawyers with corporate, commercial, regulatory, white-collar defense and litigation experience. Our comprehensive experience in government contract law includes representing clients in bid protests, contract disputes, white-collar investigations, and the application of the Federal Acquisition Regulation (FAR) in this regulated industry. We advise middle market businesses, emerging companies, new ventures and global entities, assisting them with government contracts, export controls, sanction compliance, Foreign Corrupt Practices Act (FCPA) compliance, cybersecurity, employment, and a host of other issues.
- Business TransactionsBakerHostetler’s Noncompete and Trade Secrets team is a multidisciplinary team with proven experience in handling all aspects of employee movement matters and business transactions in which noncompete and trade secrets are involved. With our national footprint and knowledge of federal and state trade secrets laws, we are able to respond quickly to handle all aspects of these arrangements – from conceptualization to defense and enforcement – appreciating the nuances involved and identifying practical approaches that align with each company’s priorities and concerns.
- Construction ContractsWe assist clients in all facets of hotel and resort acquisition, disposition and development, including environmental, construction, permitting, land use, local regulatory and zoning issues. Our attorneys provide experienced, hands-on counsel in the preparation of construction contracts and advise clients on current construction law issues in numerous jurisdictions.
- Trade Secrets
- Intellectual PropertyRead about the trial that The Wall Street Journal called, "...one of the first to reckon with how NFTs intersect with intellectual-property law and free-speech protections for art." Learn More »
- Unfair CompetitionDefeated claims of unfair competition and false advertising on behalf of a national manufacturer, and through a counterclaim, recovered a significant monetary result and imposed a 10-year consent decree. In a subsequent proceeding with our client’s insurance carrier, the arbitrator found our work to be “indispensable” to the client.
- AntitrustClients trust us to guide their most complex antitrust litigation, provide profitable business and transaction advice, and successfully defend against challenging government investigations worldwide. Our diverse team includes more than 50 antitrust lawyers, many of them former high-ranking regulators from key government agencies such as the Federal Trade Commission and the Department of Justice, as well as state attorneys general. With a well-established record of success, we are recognized as a leading practice by
- Wrongful TerminationOur attorneys assist clients throughout all phases of project termination and provide strategic counsel related to wrongful termination and default termination.
- Employment DiscriminationWith a national practice devoted to employment and labor matters, we provide counsel on a full scope of the following issues: employment discrimination; employment contracts; non-compete agreements; wage and hour; Family Medical Leave Act; independent contractors; discrimination claims; and development of employee handbooks, policy manuals and benefit plans. Our attorneys understand how hospitality clients are affected by matters related to ADA compliance, Fair Housing, Equal Credit Opportunity Act and employee claims.
- Employment ContractOur team negotiates, drafts, defends and enforces all types of restrictive covenants, including noncompete, nonsolicitation and nondisclosure agreements; executive and key employee employment agreements; deferred compensation plans; change-in-control and separation agreements; and equity-award and stock-option plans and agreements.
- Employment LitigationWe counsel owners and/or managers of golf and country clubs regarding issues that may affect membership and then assist in the preparation of club documents, such as membership agreements, membership applications, club rules and regulations and membership financing documents. In addition, our attorneys are experienced in advising clients on matters related to the acquisition and development of a golf and country club, which may include zoning and land use issues, environmental assessments, employment issues and ADA requirements and assessments.
- Non-compete AgreementDefended a home health provider in a matter challenging the enforceability of the provider’s noncompete agreements with respect to referral sources. In a unanimous decision, the Florida Supreme Court agreed with our client’s position and upheld a Florida district court of appeal’s decision finding that referral sources in the home health industry are a legitimate business interest protectable under Florida law.
- Severance AgreementThe National Labor Relations Board issued a decision that reversed several Trump-era rulings allowing employers to proffer severance agreements to employees containing broad confidentiality and non-disparagement provisions. The Board’s... Read More ->
- Sexual HarassmentRepresent the National Women’s Law Center and other public interest groups in federal appellate courts in connection with Title IX issues regarding reporting of sexual harassment. For example, the Tenth Circuit agreed with the position of the National Women’s Law Center in a recent case, holding that it is sufficient for a Title IX plaintiff to allege the university’s deliberate indifference to reports of sexual harassment caused the student to be vulnerable to further harassment.
- Real Estate LitigationCross-practice support: Our effectiveness as real estate counsel is strengthened by the participation of our colleagues across the firm, who have years of experience in tax, corporate, environmental, litigation, regulatory compliance and other related fields. With more than 1,000 attorneys throughout the country, we provide a one-stop shop for national and international real estate matters.
- Construction LitigationOur team excels at negotiating upfront provisions such as guaranteed damage payments for customers who are subjected to project delays—a problem that has mushroomed since the financial crisis of 2008—and bonuses for contractors who complete projects ahead of schedule. We provide strategic counsel at all stages of contract formation, from pre-construction drafting through negotiation of complex design and construction agreements and land procurement and construction changes. By sharing our vast knowledge of industry, customs, and practices with clients from the beginning of a proposed project, we increase the likelihood that the project will be completed cost-effectively and on time.
- Real Estate TransactionsWe handle acquisitions and sales of commercial, retail, office, industrial, vacant and improved lands, including local, multistate, international and portfolio matters. We routinely assist our clients in all aspects of real estate transactions, including...
- Eminent DomainOur real estate attorneys play an active role in our firm’s nationwide cross-practice industry teams. We are particularly active in the areas of healthcare, hospitality, student housing, energy, tax credit transaction and eminent domain, as noted below...
- Easement
- Land Use and ZoningCondominium-hotels—whether newly constructed or converted from an existing hotel—are complex projects that require careful planning. Our experience ranges from projects designed as “second homes” where owners participate in a rental program, to development of properties where ownership is structured like a condominium but the appearance, amenities and operation are identical to a single-owner hotel. We have worked with developers on strategies to maximize owner participation in a rental program without having the project classified as a security for state and federal securities law purposes. We also provide in-depth training for the real estate sales force and management team to help the developer abide by securities and condominium laws. Our attorneys have strong experience advising clients on complex zoning and land use issues that can affect conversion of existing hotel properties to condominium-hotels.
- Property DamageRepresent a firefighting foam manufacturer in multi-district litigation involving personal injury, property damage, and natural resource damages claims arising from the use of aqueous film forming foam (AFFF) containing PFAS. More »
- Condominium Law
- Personal InjuryRepresented major integrated oil companies and a brewer in personal injury actions brought by employees of a construction company on refinery and brewery construction projects.
- Disability DiscriminationClass action disability discrimination cases can be particularly difficult. While there is little question of whether a particular individual is in a protected group in a typical case involving race, gender or age, the question of whether... Read More ->
- Estate PlanningRepresented a major regional bank in the resolution of a portfolio of nearly $6 million in distressed loans to a residential real estate developer. Pursued the owner-guarantor, who had engaged in extensive estate planning under Florida law to “protect” his assets. After discovery of a flaw in the guarantor’s scheme, used post-judgment enforcement proceedings against allegedly exempt assets to obtain a loan sale on terms favorable to the bank.
- TrustsTrustees and executors rely on our substantial experience in representing fiduciaries. For nearly a century, we have represented individual and corporate fiduciaries in some of the largest and most complicated trusts and estates in the nation. If controversies arise in the fiduciary context, we use our deep understanding of tax law and business acumen to help structure practical and successful outcomes. If a resolution cannot be obtained through negotiation, we collaborate with experienced BakerHostetler litigators to effectively represent our clients in court.
- BankruptcyOur ability to handle large, complex litigation matters has been in the national spotlight because of BakerHostetler’s representation of the SIPA Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC (BLMIS). Since 2008, BakerHostetler has been unraveling, deconstructing and litigating one of the largest and most complex financial frauds in U.S. history – Bernard L. Madoff’s decades-long Ponzi scheme. The SIPA Trustee’s unprecedented success in this global investigation and litigation is largely based on the legal strategy and case management overseen by our attorneys, who bring a wide range of experience to this matter, including business litigation, bankruptcy law, white collar criminal investigation, securities litigation, e-discovery and corporate finance. As of July 2022, the SIPA Trustee and his counsel have succeeded in recovering more than $14.5 billion and distributing more than $13.6 billion to victims in the Madoff Recovery Initiative ( www.madofftrustee.com ). This recovery far exceeds any prior restitution effort related to Ponzi schemes in terms of both dollars and percentage of stolen funds recovered.
- ForeclosureRepresented a regional bank in complex individual Chapter 11 proceedings seeking to recover more than $12 million in defaulted commercial loans. Successfully defended the bank’s lien positions and claims and through negotiation of favorable plan and cash collateral treatment and the prosecution of related-party state court foreclosure proceedings in two states, achieved nearly a 100 percent recovery for the bank.
- Tax LawFor more than 100 years, the attorneys at BakerHostetler have helped clients effectively manage one of their most significant costs—taxes—by providing clients with sound and practical advice in federal, international, employee benefits, private wealth, tax exempt and state and local tax matters.