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:
KKC's litigation attorneys counsel business entities and their owners, officers, and employees in such matters as dissolution, breach of fiduciary duties, and contract disputes. We often work closely with KKC’s business and tax attorneys, as well as the client’s accountant and management, to fully understand the legal and financial ramifications of any claim affecting our client's business. We have substantial experience in resolving business disputes through state and federal court litigation and alternative dispute resolution, including arbitration and mediation.
KKC's litigation 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; employer/employee relations; workplace safety; and regulatory compliance. Our attorneys have experience litigating, negotiating, and resolving employment matters in state and federal courts 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 regularly assists our clients in making employment and personnel decisions, has drafted employment contracts, covenants not to compete, severance agreements, employee handbooks, drug and alcohol testing policies, and provided supervisor training.
KKC's litigation department represents owners, general contractors, subcontractors, lenders, and sureties in a broad array of disputes. Our experience includes representing parties in matters involving new home construction, home improvement, and other residential construction disputes, as well as commercial construction claims involving private and public sector projects. We have defended and prosecuted mechanic's lien foreclosures, bond claims, construction defect claims, lost profit claims, delay damages claims, and obtained and fought off applications for prejudgment attachments and other liens.
Whether the dispute involves tens of thousands or millions of dollars, KKC's litigation department has the experience necessary to focus on what matters most in the case and add significant value to our clients' claims.
Debt Collection, Bankruptcy, and Creditors Rights
KKC's litigation attorneys routinely provide legal and practical guidance to our lender and creditor clients. Often, our recommended strategy includes enforcement of the client's rights under various documents without resort to judicial intervention. When court action is required, our attorneys have substantial experience enforcing 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 representing creditors in Chapter 7, 11, 12, and 13 bankruptcies and have successfully litigated matters involving debtor reorganization plans, discharge denials, preference claims, cash collateral use, and relief from the automatic stay.
Many of our individual and business clients have utilized our services to collect debts, both secured and unsecured. Our litigation attorneys and staff are well versed in collection laws. We work with our clients from debtor's default through judgment collection, utilizing such procedures as prejudgment attachment, garnishment and/or repossession, post-judgment execution, and examinations of judgment debtors.
Trust and estate fiduciaries, conservators, heirs, and beneficiaries often need litigation services. This growing practice area has focused on estate/gift tax litigation, Will contests, hearings on the construction of trusts and other estate planning documents, and the rights of conserved persons. Our experience extends beyond the Probate Court and into state and federal courts, including the United States Tax Court.
Foreclosure and Other Real Estate Litigation
KKC's attorneys devote a substantial amount to litigating real estate related matters, including foreclosures of mortgages, judgment liens and mechanic’s liens, boundary and easement disputes, partition and quiet title actions, real estate tax appeals, and condemnation. The Litigation Department's efforts and experience are frequently enhanced by input from our real estate 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 dispute resolution. In addition to our ample skills in litigating contested court matters, the firm embraces the benefit of such alternatives as mediation, binding and non-binding arbitration, and high/low arbitration. ADR has become not just a way to avoid court but an avenue to a prompt and often more efficient resolution.