Appellate Law
The team of attorneys at LMS is experienced in handling appellate court needs for our clients, including appeals on behalf of both appellants and respondents, as well as post-trial motions and writs, in a variety of litigation areas. LMS’s experience extends to both appeals from court judgments, as well as administrative orders, in State and Federal courts across the country.
Real Property
LMS realizes that many clients encounter a wide array of real property situations that require quality legal representation. These situations may include complicated commercial transactions between multiple corporations or they may simply involve a straightforward purchase and sale agreement. Clients might also require assistance defending an eminent domain action or they may need to evict an unlawful holdover tenant on a commercial property. Regardless of the situation, LMS’s team has extensive experience in handling these real property matters when they arise.
Employment Law
The LMS team is experienced to handle employment law matters which invariably appear for our business clients. This wealth of experience allows LMS to counsel its clients on a number of employment related matters, including hiring and firing of personnel, writing and modifying of company policies or employee handbooks, crafting employment applications, handling administrative and statutory claims, and representation in discrimination cases or Labor Department claims, including sexual harassment and wrongful termination.
Personal Injury Defense
The LMS legal team is highly qualified in the area of personal injury defense. These skills include the early investigation and liability assessment for a particular incident. By tackling the investigation immediately, LMS preserves vital evidence for use at trial that might otherwise disappear. An early but realistic assessment of liability allows the client to implement the most advantageous strategy for handling a given claim – be it early negotiation and resolution; the retention of key experts before they are approached by the other side; or simply the decision to proceed to trial. Whatever the decision, LMS’s early involvement in the claim allows the client to make an informed decision about the direction of the litigation.
Auto Accidents
The use of automobiles in a client’s business poses a unique legal situation which varies from state to state, requiring competent legal counsel to sift through the differences in each jurisdiction. For example, if a client’s employee is involved in an automobile accident while making a delivery, state law – and, in fact, individual insurance company’s policies – widely vary as to which insurance policy is primary and which is secondary. The interpretation of these competing insurance policies, as well as the governing case law on the subject matter, can be very complicated, especially when trying to decipher subtle nuances in the law as between each individual state. However, due to the nationwide role that LMS provides, LMS is able to provide expertise to the client in each and every jurisdiction where this situation might arise for the client. Furthermore, LMS has an outstanding success rate in recovering monies from the third party insurance carrier to eliminate or defray expenses that might otherwise be attributable to the client. Where appropriate, LMS negotiates payments from these third party insurance carriers for the client’s own future legal fees, resulting from the underlying accident.
Slip/Trip and Falls
If you own a business, it is a certainty that at some time, a patron is going to slip/trip and fall on the property, thereby giving rise to a claim of premises liability. LMS has extensive experience in this area and understands the differences in state law across the country so as to reap the most favorable result on behalf of the client. For example, in some jurisdictions, the placement of a “Wet Floor” sign is not sufficient if the sign is not deemed to be close enough to the area of the fall. In other situations, liability may attach to the city or town if an abutting sidewalk is not in good repair. Or, a third party may be responsible for the incident due to their own negligence or breach of contract. The LMS team understands these jurisdictional differences across the country, as well as the importance of quickly evaluating the possibility of a third party bearing responsibility for an incident so as to provide proper and timely notice of the incident to that third party.
Food Borne Illness
Unfortunately, clients in the food service industry occasionally encounter food borne illness in their product. When this occurs, a variety of problems surface, including serious health concerns for the client’s patrons, the potential for adverse media exposure, and financial repercussions for the client due to a loss of business because of the public’s concern regarding the food borne illness. LMS has extensive experience in handling these problems when they arise and is equipped to defend the client as against any claims raised by any patrons, to recommend strategies for addressing negative media exposure, and to pursue any claims against third parties that might ultimately be found responsible for the contaminated food. The LMS team also understands the processes related to any investigation of the contamination by the Centers for Disease Control and Prevention (“CDC”) and serves as a liaison for the client with the CDC to quickly and accurately identify the source of the contamination so as to prevent further exposures.
Subrogation
The success of any business stems from its ability to recover payment on its receivables. Unfortunately, there are times when a client has outstanding receivables but lacks the time to pursue recovery of those monies. LMS is prepared to fulfill that role for the client. In handling that responsibility, LMS understands the importance of maintaining professional relations with the delinquent account, as the account may simply be experiencing a temporary cash flow problem that will quickly rectify itself. Or, the delinquent account may have other business connections with the client so it is important that LMS’s collections efforts not adversely affect other aspects of the client’s business relationship with the delinquent account. Still, on other occasions, aggressive litigation against the delinquent account may be the client’s preferred course of action. The overriding theme, though, is that LMS works closely with the client to construct a collection strategy that effectuates all of the client’s objectives.
General Business Litigation
Individual businesses all experience legal situations which are specific to that particular business or industry. The background of the members of the LMS team is diverse so as to provide insight into a wide array of subject matters that might impact the client’s business. Further, by virtue of LMS’s nationwide scope of practice, LMS is able to tap other outlets of information and knowledge through its local counsel across the entire country, thereby ensuring that the client receives the highest caliber of legal advice, regardless of the situation that a given business is experiencing.
Franchise and Distribution
Many of LMS’s clients have franchise locations throughout the country, and often, legal matters will arise from the operation of these franchise locations, causing the client to become embroiled in a lawsuit for which it bears no responsibility. In those situations, LMS tenders the claim to the franchisee and/or other third party bearing responsibility for the incident on behalf of the client. After successful tender of the lawsuit, LMS focuses its efforts on getting the client dismissed from the litigation altogether – either by a voluntary dismissal by Plaintiff’s counsel or via a Motion for Summary Judgment prepared by the franchisee/third party’s counsel at the franchisee/third party’s expense.
Environmental – Toxic Tort
LMS has aided in the development of defense strategies in individual cases and nationally on behalf of major industrial clients, including the coordination and development of the company story, product testing, discovery responses, preparing company witnesses for deposition and trial testimony, identifying and preparing experts regarding various issues including "state-of-the-art" and medical defenses, demonstrative exhibits for trial presentation, jury focus group research, and mock trial presentations to evaluate trial strategies in cases with significant exposure.
Product Liability
LMS has extensive experience in all facets of product liability litigation across a wide range of industries. This experience goes beyond the defense of individual lawsuits and includes other related aspects of the litigation such as pre-suit emergency response and crisis management; early resolution of claims; coordination with related litigation; coordination with regulatory and/or legislative investigations; coordination of nationwide discovery, including electronic discovery; media relations; supervision of local counsel; retention of expert witnesses; factual investigation; settlement negotiations; and trials and appeals.
Investigation and Compliance
LMS also plays a vital role for clients in matters involving regulatory, governmental and other enforcement actions; criminal complaints; grand jury subpoenas; accounting and securities practices; allegations of employee fraud or misconduct; and regulatory professional licensure. Our primary goal in conducting internal investigations is to prevent enforcement actions or criminal investigations through the effective implementation of compliance programs and internal safeguards. Where our internal investigations have revealed gaps in a client's compliance procedures, we have successfully worked with them to rectify administrative lapses and to implement new policies, procedures, and safeguards to promote future compliance and avoid adverse actions.
 |
Cost Reduction |
| Value Added |
| Additional
Services |
| Copyright 2011 Legal Management
Services Mission | About Us | Practice Areas | Contact Us Site Map | Terms of Use |