Business & Commercial Litigation

Business disputes are an unfortunate reality of prolonged business activity. Often times these disputes result in an extraordinary drain on company time and capital. Proper management of these disputes is therefore of paramount importance in order to navigate the evermore complex business landscape.

At Rose & deJong, we have a strong track record of success in Business and Commercial litigation, and our attorneys have developed a strong reputation for their incredible depth of knowledge and innovative and flexible litigation strategy. We rely on these assets and the personal relationships we cultivate with our clients to help achieve the results necessary to keep their businesses growing and to set policies which will allow those businesses to move forward, without the concern of being continuously and needlessly bogged down by lingering conflict and disputes.

Complex Contractual Matters

Rose & deJong S.C. has litigated numerous complex contract disputes on behalf of plaintiffs and defendants and has brought these cases to successful resolution through settlement, by dispositive motion, and at trial. The firm is experienced and well-equipped to litigate claims requiring analysis of complex contract provisions, such as those in limited partnership agreements, operating agreements for limited liability companies, merger and acquisition agreements, insurance contracts, and other contracts employed in sophisticated business ventures and financial transactions.

Contact Doug Rose or Lora LoCoco to discuss your contractual matters.

Unfair Business Practices, Misrepresentation, and Business Torts

Whether you have suffered real economic harm by a competitor using unfair tactics to reach a competitive advantage, or you are being met with litigation as a result of your business practices, Rose & deJong has the experience to help you through the legal quagmire of civil litigation to achieve your desired result. Rose & deJong has represented many businesses in various industries in both state and federal litigation involving claims under Wis. Stat. § 100.18 and other state equivalents, fraud, aiding and abetting fraud, and other business torts.

Learn more about the matters Rose & deJong has successfully resolved.

Rose & deJong represented a company in the business of leasing heavy duty rail cars to end users, in a federal court action where they were being sued by a California private equity firm. The Plaintiff alleged that the company had engaged in fraud and unfair business practices, by concealing frauds committed by a co-defendant. Rose & deJong took a flexible, non-cookie cutter (word choice, innovative? Inventive?) approach to this litigation to leverage the Plaintiff into a resolution. Specifically, the Rose & deJong Litigation Team used depositions early on to uncover issues with the Plaintiff’s case and determined that the Plaintiff’s complaints were not based in law, but were actually based on unhappiness with the Defendant outcompeting the Plaintiff in the marketplace. Ultimately, it was the non-conventional deposition tactics of the Plaintiff’s officers and pressure for the deposition of a silent investor of the Plaintiff, who refused to be deposed (nearly resulting in sanctions), that cracked the case. Rose & deJong was relentless in its pursuit to get their clients out of this litigation, and the use of aggressive discovery methods allowed counsel to avoid motion practice and resolve the case in a cost-effective manner.

Contact Doug Rose or Lora LoCoco to learn more about our business & commercial litigation practice.

Post Sale/Merger Disputes

Unfortunately, in today’s world, buying or selling a business is not as clear-cut or final as we would like it to be. Almost every purchase and sale of a business or assets involving a non-publicly traded target or seller requires a final settlement between the buyer and seller following the closing of the transaction. A large percentage of transactions result in post-sale net working capital and breach of representations and warranty claims. Rose & deJong’s litigation counsel, with the assistance of its corporate team, provide cost-effective guidance to help resolve these disputes quickly and cost-effectively.

Contact Doug Rose or Lora LoCoco to hear more about our post-sale and merger dispute experience.

Trademark & Patent

Whether it’s assisting your company in protecting its intellectual property or defending your company in the unexpected event of facing infringement allegations, Rose & deJong has the knowledge and expertise necessary to get your desired result. Rose & deJong S.C. has represented both plaintiffs and defendants in federal litigation involving Lanham Act violations, patent infringement, misappropriation of trade secrets, and false advertising.

Learn more about the matters Rose & deJong has successfully resolved.

Rose & deJong S.C. represented a defendant company accused of infringement of several design patents and common law trade dress. Through research, it was discovered that the Plaintiff was attempting to corner the market on the subject consumer product by filing various design patents and trade dress applications for components of the product design despite the fact that those designs had been used in the industry for decades. Rose & deJong used a multi-faceted approach to this defense by not only seeking invalidation of the patents in the litigation, but also opposing the Plaintiff’s trade dress applications before the United States Patent and Trademark Office. By seeking to narrow the scope of the plaintiff’s patents through claims construction and asserting leverage through opposition proceedings, Rose & deJong was able to bring a plaintiff, that was previously unwilling to even discuss settlement, to the table and obtain a settlement for our client.

Contact Doug Rose or Lora LoCoco to hear more about our trademark and patent services.

Class Action Defense

Rose & deJong class action defense attorneys combine their command of the rules and procedures regarding class actions with knowledge of the substantive areas of underlying law to create a defense strategy with one principle in mind: cost-efficiency. We bring our considerable resources to bear in dealing with such complex litigation with an eye towards not only liability but towards determining and executing a plan that will minimize damage to their company and most expediently extricate our clients from being mired in months or years of unnecessary and costly litigation.

Learn more about the matters Rose & deJong has successfully resolved.

Rose & deJong represented a defendant company, and individual officers, accused of violating the Fair Labor Standards Act (“FLSA”) and Wisconsin Wage Laws. The plaintiff was seeking to certify a class of the company’s employees and former employees to obtain unpaid wages, exemplary damages, and attorney’s fees. Rose & deJong worked expeditiously to determine the total exposure the client was facing and approached settlement with the plaintiff’s counsel before plaintiff began racking up attorney’s fees with class certification motions. Ultimately, counsel was able to achieve a pre-class certification settlement for our client with payment of minimal fees to plaintiff’s counsel. Further, handling the litigation in this manner allowed the employer to get ahead of backlash issues with current employees, which allowed the business to continue functioning well, through the litigation.

Contact Doug Rose or Lora LoCoco to hear more about our class action defense practice.

Employment Litigation

Recognizing the complex legal challenges of employment litigation, our practice combines experienced trial attorneys and the strong practical skills and industry knowledge of attorneys in related areas. This interdisciplinary approach ensures clients receive cutting-edge counsel on the increasingly specialized issues in this area. Rose & deJong attorneys have successfully handled employment disputes at both the federal and state level, including non-compete and restrictive covenant disputes, as well as actions filed under the Fair Labor Standards Act and the Wisconsin Wage Claim Statute. Clients can feel confident that their attorneys at Rose & deJong have the experience to provide the best and most cost-effective representation in these disputes.

Contact Doug Rose or Lora LoCoco to hear more about our employment litigation practice.

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414-274-1400