Business Litigation

Kenney & Sams recognizes that litigation can be an expensive undertaking made worthwhile only through achievement of a positive result. Accordingly, we approach litigation differently than many other law firms: we outline, at the inception, our comprehensive evaluation of the case and our strategy to dispose of it efficiently and effectively, whether through dispositive motion, favorable settlement, or trial.

Working closely with our clients and, if applicable, their general counsel, corporate law department, or risk managers, we customize a litigation budget and litigation plan for each case. This allows our clients to make informed decisions about the risks and benefits of the proposed litigation. Our approach is simple but effective – we prepare the case for victory at trial. In most cases, this approach forces a favorable, cost effective settlement. In cases that do not settle, our clients are well prepared for trial.

Representative Business Cases

  • Obtained Summary Judgement in Federal Court (Nevada) for directors and officers of a Las Vegas real estate joint venture who were sued for $14 million in alleged real estate brokerage commissions arising from a casino expansion project.
  • Successfully defended the CFO of a privately held pharmaceutical company against claims of civil conspiracy and breach of fiduciary duty in an alleged corporate “freeze-out” lawsuit. After a two-week jury trial, plaintiffs voluntarily dismissed all claims against our client with prejudice for $0 just before our closing argument to the jury.
  • After a two-week jury trial in the Superior Court Business Litigation Session, Kenney & Sams obtained a declaratory judgement in favor of our client, a real estate developer, that he is the sole owner of a $7,500,000.00 commercial real-estate portfolio. The opposing party, our client’s real estate broker, claimed a 50% ownership in the property based on an alleged oral contract. The jury awarded our client $260,000 in damages and interest. We also persuaded the jury that the defendant’s false corporate filings claiming ownership constituted an unfair and deceptive business practice, which resulted in an award of attorney’s fees and triple damages to our client.
  • Recovered a $6 million settlement in business litigation arising from the failure of a retail real estate development project in Northern New England.

  • Represent business clients in consumer protection claims and commercial litigation involving a wide variety of contract litigation and business torts.

  • Represent Shareholders, Officers, Directors in Shareholder Disputes and “business divorces.”