Civil Litigation

Michienzie & Sawin LLC specializes in all areas of civil litigation.  We represent clients in a broad variety of business lawsuits, including commercial, construction, fraud, real estate, environmental, financial and banking, and unfair trade practice matters.  Attorneys at the firm have significant trial and appellate experience in federal and state courts and before administrative agencies – both directly and through local counsel.

We strive to achieve cost-effective results for our clients, and have been successful in the expeditious resolution of cases by dismissal or settlement on favorable terms.  Where appropriate, we seek alternative dispute resolution options such as mediation.  We have also successfully tried cases where pretrial resolution was either not appropriate or not desired by the client.

Products Liability:  Representing manufacturers, distributors and sellers of products including fire and explosion isolation and suppression equipment, automobiles, household appliances, industrial machinery, cranes, paints, medical devices, sporting goods, and other products.

General Liability:  Representing the interests of insurance companies and their insureds, as well as self-insured corporations, in the defense of general liability claims.  We represent retailers, landowners, transportation companies, hotels and other businesses in a broad range of claims, including: lead paint claims, social host and premises liability matters, vehicular accidents, construction claims, civil assault and battery claims, indemnity claims, and all types of negligence claims.

Commercial Disputes:  The resolution of complex business disputes, including real estate and securities litigation, intellectual property disputes, contractual claims (including those involving the sale of goods and services), licensing agreements and joint venture agreements, lender liability suits, and consumer claims.  Representing small and large business organizations, entrepreneurs, and individuals engaged in manufacturing, retail, insurance, banking, investment, brokerage, real estate, and professional services.

Coverage Defense:  Representing insurers in providing coverage advice, and representing insurance companies in coverage litigation in a wide variety of matters arising out of both occurrence-based and claims-made policies.  Our coverage litigation work has arisen under professional liability policies, general commercial liability policies, and homeowner’s policies.

Employment Litigation:  Representing employers in the state and federal courts as well as the state administrative tribunals, in the defense of claims of discrimination and sexual harassment, and in claims of wrongful termination, breach of contract, and violations of non-compete agreements.

Environmental Litigation:  Representing businesses, property owners, and financial institutions in the defense of claims arising out of soil and water contamination, including private party and government enforcement actions under CERCLA and its state counterparts.  Also representing insurance companies and insureds in providing coverage advice and in handling related litigation arising out of the interpretation of commercial general liability policies and homeowner’s policies as they apply to claims arising out of property contamination, disputes between insurers, and disputes between insureds and their insurers.

General Business Advice and Transactions

Michienzie & Sawin represents businesses on an on-going basis with respect to their contractual relations with customers, employees, and other businesses.  We render advice concerning sales and purchase terms and conditions, product distribution arrangements, and antitrust issues.  We also address stockholder and other organizational issues and labor and employment matters.  We are committed to helping our clients succeed by giving them high-quality, fairly priced legal assistance and exceptional personal service.

Legal Reviews:  For clients who desire a comprehensive review of their business practices, or otherwise want help in protection against unexpected losses – in connection with post-closing investigations of recently acquired companies, but also for existing business clients who want a fresh review of their practices.  Areas for review include employment issues, contractual relations, environmental issues, and intellectual property.

Starting a Business:  Ensures clients have made the best choice of entity, taking into account the proposed ownership, tax issues, and liability concerns.  We prepare and file the documents needed to organize the corporation, partnership, or limited liability company, and also prepare buy-sell agreements and other documents among owners of the business.

Mergers & Acquisitions:  Representing private as well as publicly traded clients in mergers, stock sales and acquisitions, asset sales, business joint ventures, venture capital financings, private placements of securities, and other similar transactions throughout the United States.

Bankruptcy

Michienzie & Sawin has an active bankruptcy practice largely representing creditors’ interests.  This includes protecting creditors’ claims through both litigation and working in conjunction with debtors’ counsel and the appropriate Trustee’s office, where applicable, to assure creditors’ rights are adequately protected.

Real Estate Transactions & Foreclosures

Michienzie & Sawin represents clients in various aspects and all sides of commercial, industrial, and residential real estate transactions, including acquisition, leasing, financing, permitting and development.  In addition to our real estate transaction practice, we are skilled in the areas of real estate management and landlord/tenant issues.

We have an effective commercial and residential mortgage foreclosure practice, representing lenders, not only in mortgage foreclosures but also in loan workouts, bankruptcy, eviction, and lender liability claims.  We have an active practice defending lenders on state and federal Truth-In-Lending, Fair Debt Collection Practices, and Real Estate Settlement Practices claims.

Estate Planning

Michienzie & Sawin provides individuals with income, gift, and estate planning.  Our estate planning services range from preparing simple wills to preparing sophisticated plans incorporating bypass trusts, life insurance trusts, generation-skipping trusts, and other techniques that help achieve the client’s goals while receiving the most favorable tax treatment.

Our practice in this area is often related to our work for family-owned and other privately held businesses and is coordinated with our business law practice.  We offer a full range of probate, estate, and trust administration for our clients.

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