Diserio Martin trial attorneys understand that the time constraints and financial challenges of litigation often require creative approaches to dispute resolution. Our skilled trial attorneys, who handle trials and appeals in state and federal courts in Connecticut, New York and selectively in other states, draw upon a tremendous breadth and depth of experience in complex litigation which rivals that of much larger firms, often with greater economy to our clients. From the very first meeting, we work to ensure our clients so they understand the litigation process, reduce risks, manage expenses and pursue outcomes that are in their best interests. While that require us to litigate a case through judgment, we are equally skilled in counseling and guiding our clients through negotiation, arbitration, mediation, and other alternative dispute resolution mechanisms to achieve optimal results for our clients.
Alternative Dispute Resolution
Diserio Martin attorneys have extensive experience representing clients in Alternative Dispute Resolution (ADR) proceedings as an alternative to traditional litigation. Our attorneys represent individuals and businesses before the American Arbitration Association (AAA), Financial Industry Regulatory Authority (FINRA), JAMS and in federal and state court sponsored ADR programs as well. Several of our attorneys also serve as special masters and attorney trial referees for the Connecticut courts. In addition, our attorneys are frequently retained by our peers to serve as arbitrators and mediators. Our cross-disciplinary ADR practice includes lawyers with deep experience in litigation, banking and financial services, corporate, intellectual property, insurance, construction and employment law. We have a record of obtaining efficient and cost effective resolutions to sophisticated and complex matters through the creative use of:
Arbitration
Mediation
Early case assessment
Summary jury trial
Negotiation, drafting and enforcement of ADR clauses
Diserio Martin’s Litigation Practice Group has significant experience and a proven record of success in litigating and resolving a wide array of business and commercial disputes. Diserio Martin attorneys represent businesses and individuals in a broad spectrum of industries, including finance, employment, commercial real estate, consumer products , marketing, manufacturing, leasing, construction , and information technology . We take the time to understand our clients’ businesses, drawing on the experience of attorneys in the Firm’s other practice areas, to develop appropriate strategies and achieve cost effective and beneficial results. We practice in federal and state trial and appellate courts and in all ADR for a, where our lawyers have won significant victories. Proper planning, management and staffing, use of technology, and extensive experience enable us to aggressively represent our clients’ legal interests while never losing sight of their specific business needs. We regularly handle cases involving:
Business disputes
Contract disputes
Business torts
Fiduciary duty litigation
Unfair business practices
Business fraud
Corporate dissolutions and shareholder and partnership disputes
Trade secrets
Non-competition and restrictive covenant litigation
Warranty claims
Breach of contract
Insurance issues
Securities matters
Commercial lease disputes
Construction Litigation
Diserio Martin’s trial attorneys represent general contractors, construction managers, subcontractors, architects, design professionals, owners, lenders and sureties in complex commercial construction matters in the state and federal courts and in arbitration and alternative dispute resolution forums in Connecticut, New York, and selected other states. Our attorneys also are well-versed in residential construction matters, having handled appeals to the Connecticut Supreme Court involving the Home Improvement Act and the New Home Construction Contractors’ Act. Several of our construction litigators have been hired by our peers to serve as mediators and arbitrators in construction disputes. Among the matters we have handled successfully are disputes involving:
Breach of contract
Defective design
Construction defects
Professional liability
Performance bonds
Mechanic’s liens
Home Improvement Act
New Home Construction Contractors Act
Creditor’s Rights and Bankruptcy
Diserio Martin’s Creditor’s Rights attorneys are experienced in representing lenders, manufacturers, suppliers, landlords, service providers and other creditors in the Bankruptcy Courts in Connecticut, New York and selected other jurisdictions. We have represented our creditor clients in a variety of matters involving:
Cash collateral hearings
Claims objections
Secured claims and liens
Classification disputes
Cram down issues
Creditor rights
Lease rejections
Relief from stay hearings
Objections to discharge and dischargeability
Preference and turnover actions
Fraudulent conveyances
Lien avoidance
Family and Matrimonial Law
Diserio Martin Family and Matrimonial Law attorneys represent individuals and families involved in deeply personal and uniquely stressful legal disputes. We provide our clients with a straightforward assessment of their situation and thoughtful and thorough advocacy to achieve the best possible outcome. We handle family law matters including:
Prenuptial and postnuptial agreements
Divorce
Child custody matters
Post-judgment modification proceedings
Alimony
Spousal support
Child support
Termination of parental rights
Legal separation
Visitation rights and actions
Tax issues
Paternity Disputes
Employment Law
Diserio Martin attorneys in the Employment Practice Group have represented individuals and businesses ranging in size from small independent companies to major corporations, handling cases in all state and federal courts in Connecticut and New York and before administrative agencies such as the Equal Employment Opportunity Commission, the Commission on Human Rights and Opportunities and the Department of Labor. Apart from litigation, our attorneys provide clients with proactive counseling in human resources best practices to deliver comprehensive protection from liability. We offer a proven record of success in aggressively defending against employment claims. Our practice includes:
Employment discrimination defense
Sexual harassment claims, investigations and mandatory training
Age discrimination
Disability discrimination and failure to accommodate under the Americans With Disabilities Act
Termination or retaliation claims under the Family Medical Leave Act (FMLA)
Wrongful discharge, including qui tam and whistle blower claims
Employment contract preparation and negotiation
Wage and hour claim defense
Restrictive covenant and trade secret litigation
Drafting and enforcing non-compete, non-solicitation and confidentiality agreements
Review of insurance coverage
Guidance and development of risk management best practices
Preparation and negotiation of severance agreements
For more information regarding our employment law services, please review the information on our Employment Practice Group.
Foreclosures and Loan Workouts
Our Foreclosure and Loan Workout trial attorneys represent local, regional and national lenders and loan servicers, in commercial, office, retail and residential foreclosures in state and federal courts in Connecticut and New York. During the banking crisis in the early 1990’s, we were involved in litigation, workout and collection of over $250 million of problem loans for the FDIC and its servicers in the Connecticut state, federal and bankruptcy courts. Our attorneys provide services in a wide range of matters including:
Foreclosures
Problem loans
Workout and restructuring
Deficiency judgments
Prejudgment remedies
Relief from stay in the bankruptcy courts
Insurance Coverage, Risk Management, Risk Avoidance, and Bad Faith
Diserio Martin attorneys favorably resolve insurance coverage disputes through litigation, mediation, and pre-suit negotiation. We have represented insurers and insureds in insurance coverage disputes involving directors and officers (D&O), commercial general liability (CGL), employment practices liability (EPL), errors and omissions (E&O), professional liability, disability, life and homeowners policies. We also litigate matters involving insurance, bad faith, and unfair insurance practices. Aside from litigation, we analyze and structure their insurance programs for our clients, interfacing with insurance brokers, improving the scope of coverage.
Intellectual Property
The experienced attorneys within Diserio Martin’s Intellectual Property (IP) practice area represent businesses of all sizes in a broad spectrum of industries. Intellectual property can be a source of both major revenue and considerable risk for today’s corporations. With experience in state and federal courts in Connecticut, New York and selectively in other states, we have handled some of the most complex IP matters including:
Diserio Martin trial attorneys have extensive experience and a record of success in handling Probate Litigation. Beyond maneuvering through the legal intricacies involved, we are adept at counseling and guiding our clients through the difficult and emotionally charged issues which often arise when there are disputes relating to the distribution of the assets of a recently deceased loved one. We have experience representing Private Clients including family members, named beneficiaries, and fiduciaries in this context. We routinely work with attorneys in our Private Clients Group to advise trust and estate clients and provide optimal outcomes in their contested probate matters. Our practice covers the spectrum of probate litigation, including:
Will contests
Trust disputes
Conservatorship and guardianship proceedings
Appraisal and accounting disputes
Asset distribution disputes
Trust mismanagement Issues
Breach of fiduciary duty claims
Fraud and embezzlement claims
Product Liability and Mass Tort Claims
Diserio Martin attorneys defend product manufacturers, distributors and retailers in product liability actions, including mass tort claims. Our cases have involved consumer products including household products and appliances, and in Manufacturing and & Industries including chemicals, machinery and machine components, neutraceuticals, automobiles, pharmaceuticals, medical devices, recreational products, asbestos, mold, silica, lead paint, among other products. Our practice includes the following matters:
Litigation prevention counseling
Product liability defense litigation
Mass tort litigation
Toxic exposure litigation
Design defect claims
Manufacturing defect claims
Breach of warranty
Failure to warn
Professional Liability
Our Professional Liability practice area attorneys have extensive experience representing professionals including, attorneys (including grievances), architects, engineers, realtors, insurance brokers, accountants and financial advisers in defense of malpractice and regulatory claims.
Real Estate and Title Insurance Disputes
Diserio Martin’s trial attorneys have substantial experience representing clients in a wide array of disputes involving real estate and real estate transactions. We are frequently retained by title companies to handle title insurance litigation representing both the companies and their insureds in a broad range of matters. We routinely work with attorneys in our Private Clients Practice Group to advise clients on commercial real estate and residential real estate matters, title issues, and related litigation. Our practice covers the spectrum of real estate litigation matters, including:
Real estate investments and partnership disputes
Foreclosures
Lawsuits between purchasers and sellers of real estate
Landlord/tenant disputes involving commercial and residential leases
