LITIGATION

• business litigation
• employment litigation
• debt collection, bankruptcy and creditors rights
• legal malpractice
• attorney discipline and grievance
• estate/probate litigation
• appeals
• foreclosure and other real estate litigation
• alternative dispute resolution (ADR)

KKC's Litigation Department represents a wide range of businesses and individuals in all manner of dispute resolution. Our litigation practice focuses on the following areas:

Business Litigation
KKC's litigation attorneys counsel corporations, shareholders, directors, officers, partners and partnerships in litigation involving such matters as business dissolution, liquidations, contract disputes, receiverships, and shareholder disputes. KKC's diversity and balance allows us to work with the firm's other attorneys specializing in business, real estate, tax and accounting to fully understand the ramifications of any claim affecting our client's business. Our experience in resolving business disputes includes state and federal court litigation and alternative dispute resolution, including binding and high/low arbitration and mediation.

Employment Litigation
KKC's attorneys represent employers and employees in a variety of matters relating to the employment relationship: discrimination claims, including disability based discrimination and sexual harassment; wage/hour and unemployment matters; covenants not to compete; trade secrets and breaches of fiduciary responsibilities; wrongful discharge; and employer/employee relations; workplace safety, and regulatory compliance. Our attorneys have experience litigating, negotiating and resolving employment matters in state and federal court and various administrative forums, including the Employment Security Division of the Department of Labor, Connecticut's Commission on Human Rights and Opportunities, and various licensing boards. KKC is intimately involved in many of our clients' employment and personnel decisions. We have drafted employment contracts, covenants not to compete, severance agreements, employee handbooks and drug and alcohol testing policies, and provided supervisor training.

Debt Collection, Bankruptcy, and Creditors Rights
KKC's litigation and business attorneys work with our lender and creditor clients to make practical and legal decisions. Often, our recommended strategy includes enforcement of the client's rights under various documents and agreements without resort to judicial intervention. When court intervention is required, our attorneys have substantial experience in foreclosures of mortgages and enforcement of security interests in real and personal property.

When the workout does not work out, or when litigation is stopped in its tracks by bankruptcy, our representation continues in the bankruptcy forum. We have experience in representing creditors in Chapter 7, 11, 12 and 13 bankruptcies and have successfully litigated objections to debtor reorganization plans, adversary proceedings, cash collateral hearings and contested motions for relief from the automatic stay of collection.

A multitude of individual and business clients of KKC have utilized our services to collect debts and other obligations, both secured and unsecured. Our litigation attorneys and staff are well versed in collection laws and practices. We work with our clients from debtor's default through judgment, including but not limited to demand, prejudgment attachment, garnishment and/or repossession, post-judgment execution and examinations of judgment debtors.

Legal Malpractice
KKC has been responsive to the burgeoning practice area of legal malpractice, representing plaintiffs against counsel who violate the applicable standard of care. We carefully assess the merits of a potential claim, often consulting with potential expert witnesses, and perform a thorough document review and investigation. We advise our clients when it appears that the primary complaint regarding another attorney's handling of their matter is poor communication, lack of responsiveness, or other issues that arise in the attorney/client relationship, but do not constitute a breach of the applicable standard of care.

Attorney Discipline and Grievance
A very specialized area of KKC's litigation practice focuses on representation of attorneys before the Statewide Grievance Committee and the Superior, Appellate and Supreme Courts in cases alleging violations of the Rules of Professional Conduct. Our staff includes attorneys who have served on the local and Statewide Grievance Committee, and who now counsel and represent lawyers in disciplinary proceeding.

Estate/Probate Litigation
KKC's attorneys represent estate fiduciaries, heirs and beneficiaries, and potential heirs and beneficiaries, involving disputes over decedent's estates. This growing practice area has focused on: estate/gift tax litigation; Will contests; and hearings on the construction of trusts and other estate planning documents. Our experience extends beyond the Probate Court and into state and federal courts, including the United States Tax Court.

Appeals
KKC's attorneys have substantial experience representing both appellants and appellees be in appeal before the Superior, Appellate and Supreme Courts of the State of Connecticut. We have successfully argued unique and interesting legal issues regarding family law, tax and land use matters.

Foreclosure and other Real Estate Litigation
KKC's attorneys devote a substantial amount of their practice to litigation of real estate related matters, including: foreclosures of mortgages; judgment liens and mechanics liens; boundary and easement rights; partition and quiet title actions; real estate tax appeals and condemnation. The Litigation Department's expertise and experience in litigating real estate issues is frequently enhanced by input from our real estate and business attorneys and on-staff title searcher. We have represented lenders, borrowers, contractors, brokers and landowners in successfully enforcing their rights.

Alternative Dispute Resolution (ADR)
Docket crowding, delay and the increasing costs of litigation have contributed to the growth of alternative means of dispute resolution. In addition to our ample skills and experience in litigating contested matters, the firm recognizes the benefit of these non-litigious alternatives which include: mediation; binding and non-binding arbitration; and high/low arbitration. "ADR" has become not just a way to avoid court, but an avenue that must be pursued in certain types of lawsuits. Not only does the firm's experience include representation of clients in all types of arbitration and mediation, we also provide ADR services to others. Our attorney staff includes experienced arbitrators, mediators, court appointed attorney trial referees and fact finders. The firm is well suited to conduct ADR hearings on a variety of subjects within our experience and expertise. Our services have successfully resolved complex litigation and land use matters to the satisfaction of both sides. With a maximum of efficiency at costs far less than traditional litigation, our services can be tailored to fit the parties' special circumstances. In doing so, we can assist in resolving a matter on a time schedule and budget controlled by the claimants, not imposed by the court system.