PRACTICE AREAS

KHK represents clients in litigation involving the ADA, including defending against claims that a company has failed in some regard to comply with ADA requirements.

•  Administrative Hearings

•  Hospital Staff Privileges

•  OLR Proceedings

•  Professional Licensing

•  Zoning Issues

Sometimes legal issues arise that need to be resolved outside the court system.  Although they may involve an administrative law judge, municipal board, or a regulatory board instead of a jury, administrative, licensing and regulatory matters—particularly with respect to professional licensing—can be some of the most important legal issues people need assistance with in their daily lives.  KHK’s lawyers have vast experience in these areas, including preparing for and litigating at every stage of the administrative process.  Whether you are an attorney subject to a disciplinary proceeding with the Office of Lawyer Regulation (“OLR”), a physician challenged by a loss of staff privileges at a hospital, or a developer needing assistance in obtaining approval of zoning permit, KHK stands ready to assist you in your problem.

Recently, we successfully defended an employee who was wrongfully terminated by a state agency.  We guided her through the investigatory and discovery process, defended her vigorously at an administrative hearing before a personnel board, and successfully advocated her interests in the appeals process until we obtained the result she deserved.  Similarly, we have taken zoning cases to the Wisconsin Supreme Court, setting new law in the process.  KHK’s administrative law team pushes aggressively to protect the economic interests of our clients affected by the administrative process of state and local governments and other entities who use less formal adjudicative processes for dispute resolution.  If you need assistance in one of these areas, let us work to obtain a similar great result for you.

Gandhi told us that the “greatness of a nation and its moral progress can be judged by the way its animals are treated.”  In an effort to put this maxim into practice, federal, state, and local governments throughout the United States have long tried to regulate the protection of animals from abuse, neglect, and related misconduct.  The animal law team of KHK has extensive experience representing and advising animal shelters and governmental actors in how to approach their day-to-day work with our nation’s animal population.  On behalf of shelters, we have comprehensive trial experience involving animal seizure and custody fights stemming from local prosecutorial initiatives asserting animal abuse. The lawyers on our animal law team also counsel shelters and animal rescues on how best to approach their business operations and to avoid litigation. As we like to say, it is not enough to be known as the “nice dog and cat people.”

Running a shelter or rescue takes more than a good heart: it entails good business acumen and an understanding of how a facility’s operation interrelates with other constituencies, including governmental actors, other shelters and rescues, and the owners of impounded and stray animals who cross the threshold of our clients’ doors. Team members regularly speak and write on animal law topics, including such things as shelter finances and best practices as well as the rules governing law enforcement and humane officers in their efforts to protect our nation’s four-legged (and other) friends.

•  Administrative Appeals

•  Federal Appellate Practice

•  Wisconsin Appellate Practice

KHK recognizes the unique demands of state and federal appellate courts, and the importance of exceptional appellate advocacy. This area of law requires written and oral advocacy skills distinct from general litigation. We represent clients in all appeals in all appellate courts.

Our strength is in identifying key factual and legal issues, and giving our clients an early analysis of the likelihood of a favorable appellate result. Our appellate practitioners are great writers, highly skilled in drafting concise, forceful written briefs. We follow our briefing with persuasive oral argument.

•  Antitrust

•  Breach of Contract

•  Business Torts

•  Defamation and First Amendment Litigation

•  Fraud and RICO

•  Real Estate Disputes

•  Restrictive Covenants

•  Trade Secret

•  Unfair Competition

Litigation for most businesses is not routine, and at KHK we don’t treat it that way.  Contract and business tort issues arise frequently in any business relationship.  Whether the dispute involves failed contracts, misappropriation of a trade secret, unfair competition, fraud, employment disputes, civil violations of the RICO statute, defamation, real estate or construction, the environment, shareholder oppression, or other commercial claims, we immediately seek out the facts, identify and evaluate potential claims and defenses, and propose a battle plan.

Commercial disputes in Wisconsin often arise from a lack of understanding of state law. Termination of a dealership in Wisconsin, for example, involves a special set of legal requirements, and is more difficult than almost anywhere else.  Similarly, Wisconsin law looks upon restrictive covenants with suspicion, thus favoring the mobility of employees when a covenant is not carefully drafted.  We at KHK understand how Wisconsin law applies to these and other various commercial relationships.

The breadth and depth of available discovery in claims for or against you has recently changed significantly. Electronic discovery is now the norm. We have experience with the new rules and cases, and can help use electronic discovery to make your case and to protect you from abuse of discovery methods.

Our litigation experience in these areas, and in the broadest range of commercial contract and tort issues, will give you the advantage.

One person injured by unlawful corporate conduct can bring a class action suit on behalf of others who have suffered similar injuries. Class actions are powerful forces that help level the playing field between individuals or small businesses affected by illegal conduct and powerful companies that prefer to wear down their victims one at a time.  KHK’s national class action practice focuses on protecting the rights of individuals and small businesses. Our lawyers have prosecuted and defended consumer and franchise class actions that are often “bet the company” cases for the corporate interests involved.

Members of our class action team have been chosen by major national and international organizations to teach lawyers and business professionals about class action practice and the ever-changing rules governing this area of the law. We select our cases conservatively and commit to litigating them in ways that harness the litigation process to the advantage of our clients.  Our results speak for themselves.  In 2010, after more than four years of litigation serving as class counsel, KHK obtained certification of a settlement class of thousands of franchisees involved in the Quiznos submarine sandwich system. That settlement, valued at $206 million, is the largest reported class action settlement in the history of franchising.  We like complex litigation and we stand up to large interests.  Our lawyers have substantive experience in securities law, antitrust, RICO, consumer protection, civil rights and employment discrimination—all of which can be put to use in class proceedings.  Put our experience to work for you today.

•  Bank Fraud

•  Breach of Loan Agreements

•  Defense of Claims Against Debtors

•  Defense of Claims Against Guarantors

•  Loan Workouts

•  Receivership Litigation

Often times a company’s most important relationship is with its lender.  Provisions in documents such as loan agreements, forbearance agreements, collateral documents, and personal guaranties signed by a company’s executives or others may cause a lender to attempt to exert control over a customer’s business or may, from a practical perspective, limit a customer’s flexibility in implementing or modifying its business plans.

We at KHK recognize that sometimes a company is unable to comply with the terms of loan documents,  We also understand that sometimes a lender can go too far in its dealings with its customers, including by failing to honor its express obligations to its customers or failing to honor its implied duty of good faith and fair dealing.   If, as a customer of a bank or one who has guaranteed a company’s loans, you have received threats from a bank, are sensing difficulties ahead, or believe you are dealing with a lender who has acted in bad faith, give us a call.  We are experienced in commercial loan workouts and otherwise handling commercial loan disputes, including defending a bank’s customers and guarantors in a collection or foreclosure action and evaluating potential lender liability claims.

•  Libel

•  Slander

•  Internet or online defamation

•  Invasion of privacy

There are times when one’s reputation or good name is tarnished by the false or misleading spoken or printed words of others.  The publication of such falsehoods may constitute defamation, for which there is recourse under the law.  KHK is experienced in the evaluation and handling of such claims, whether you are the one who published the alleged false remark or feel that your reputation has been damaged by such a remark.

We are intimately familiar with the defenses and privileges that may apply in a defamation claim, including the privileges associated with the First Amendment and with the common law.  We also know the other claims that potentially could be filed when one’s reputation allegedly has been harmed, including claims for invasion of privacy and the infliction of emotional distress.  Our experience is such that we often are able to resolve these claims without ever entering a courtroom.

Our experience and knowledge in this complex area of the law can give you a distinct advantage.

•  Discrimination

•  Officer and Director Representation

•  Restrictive Covenants

•  Theft of Trade Secrets

•  Unfair Competition

•  Wrongful Termination

A company’s relationship with its management-level and other key employees cannot be ignored in  today’s business climate.  With important employees frequently being lured away by competitors, issues routinely arise involving misappropriation of trade secrets, the enforceability of covenants not to compete, non-disclosure agreements, and non-solicitation agreements, and unfair competition. KHK is experienced in representing clients with these and other executive separation and employment-related issues.

We can help find creative and practical solutions to these potentially serious problems, whether you are the employer, an employee, or a competitor considering extending an offer to another company’s employee.  From an employer’s perspective, we understand that preserving proprietary knowledge and protecting the investment you have made in developing and maintaining your work force is paramount for a company to thrive in today’s competitive commercial landscape.  From the view of an employee, we understand the desire to consider other employment opportunities that might present themselves and to not be bound by unreasonable restrictions that might affect your mobility as an employee.

Employment discrimination laws impose significant workplace rights and responsibilities.  KHK regularly represents both claimants and respondents in situations involving employment discrimination and retaliatory conduct disputes.  The law governing age, disability, sex, race and other prohibited grounds for employment decisions can be complex and often requires pressing or defending claims in front of federal and state administrative agencies well before litigation in court begins.  Our lawyers are well versed in assisting clients in all phases of employment discrimination disputes.

•  Insurance Coverage Disputes

•  Regulatory Disputes

•  Toxic Tort Litigation

•  Franchise and Dealership Litigation

•  Antitrust

•  Distribution Chain Management

•  Unfair Competition

•  Wisconsin Fair Dealership Law

•  Bad Faith Litigation

•  Defense of Major Claims

•  Insurance Coverage Disputes

Our insurance coverage team is the go-to Wisconsin coverage counsel for some of the nation’s largest insurers, as well as many corporations, individuals and self-insured entities that seek skilled and experienced counsel in resolving their complex coverage and other insurance related issues.  We have successfully litigated issues involving denials of coverage, limitations of coverage, choice of counsel disputes, “other insurance” clauses, co-primary coverage disputes, and bad faith claims.  We have particular expertise in commercial general liability, professional liability, and directors and officers liability coverage.  Wisconsin, a direct action state, imposes some of the highest standards of conduct in the nation upon insurance companies.  KHK has the knowledge and expertise to guide you through the process and handle any related litigation.

•  IP Licensing Claims

•  Lanham Act and Unfair Competition Claims

•  Patent Infringement Claims

•  Trade Secret Claims

•  Trademark Infringement Claims

•  Copyright Infringement Claims

In this technology-driven economy, a company’s intellectual property often stands at the heart of its value and provides the very reason for its existence.  KHK’s intellectual property litigation team excels at crafting and implementing the appropriate legal strategy when one challenges or wrongfully uses that intellectual property.  We have extensive experience in trademark, licensing, patent, copyright, and trade secret litigation.  In cases meriting such effort, we have successfully teamed with our clients’ regular intellectual property counsel to ensure comprehensive and competent protection of our clients’ intellectual property interests.  Using this approach, our clients are assured the best of both worlds in their intellectual property litigation endeavors–the historic advantage and technical expertise of their regular intellectual property counsel with our cutting edge trial expertise.  Think about it this way: the greatest patent in the world is useless if its claims cannot be easily explained to a jury.

Most intellectual property litigation is financially overwhelming, even to larger companies who are sophisticated consumers of legal services with large litigation budgets.  As a smaller litigation boutique, we start every case by producing a litigation plan using a value-driven approach that seeks to reduce long-term litigation costs while maximizing the leverage necessary for successful outcomes, whether from  motion practice, negotiated resolutions, or trial. Our lawyers have represented large companies with wide-ranging intellectual property portfolios as well as entrepreneurial start-ups pushing the boundaries of new technology who often find themselves in “David” and “Goliath” encounters. While we have extensive experience resolving intellectual property disputes out of court, we are first and foremost experienced trial lawyers ready and willing to try these kinds of cases.   In any venue or at any stage of a suit, the lawyers on the intellectual property litigation team of KHK stand ready to assist you.

Our products liability group is regularly retained to represent manufacturers, distributors, and suppliers, be they local or international, when the safety and efficacy of their products are challenged in Wisconsin courts.  Our lawyers have successfully, and cost-effectively, defended manufacturers of industrial, consumer, building, aviation, and medical device products.  While winning at trial is the ultimate goal, our team always keeps a watchful eye on ensuring that the products and corporations we represent emerge from litigation with as little impact to their goodwill and public image as possible.  We pay careful attention to crafting litigation strategies that will preserve, and whenever possible, strengthen, the customer loyalty and business relationships that are put at risk in litigation.

•  Accounting Malpractice

•  Attorney Malpractice

•  Broker Malpractice

Professional malpractice lawsuits are often complex and emotional cases for both sides.  Our lawyers are regularly called upon by some of the nation’s top professional liability carriers, professionals, and professional groups to defend a broad range of claims.  We have defended legal malpractice suits involving family law, criminal law, personal injury, corporate organization, real estate transactions, foreclosures, tax advice, trusts and estates, commercial transactions, and medical malpractice.  In addition to our legal malpractice work, our lawyers are frequently retained to defend insurance professionals, and KHK both defends and prosecutes accounting malpractice claims.

In reaching successful resolutions — whether through trial, motion practice or settlement — our lawyers rely on not only their broad-based experience, but the unique nature of the professional practice and client relationships at stake in every professional malpractice claim.  The professionals we represent have spent a lifetime building their businesses, brands, and reputations.  We understand this, and craft litigation strategies to preserve and protect these investments while achieving the ultimate objective of a successful resolution.

•  FINRA Arbitration

•  Securities Fraud

•  Dodd-Frank Whistleblower Claims

KHK offers litigation advice and representation to securities brokers-dealers, advisors, financial planners, insurance agents, corporate directors and officers. Our work spans the spectrum of litigation, arbitration, regulatory, administrative proceedings, enforcement actions, and criminal investigations and proceedings in this complex arena of law and regulation.

The financial services industry is highly regulated. We are frequently asked to assist our clients in navigating the often treacherous maze of securities statutes, rules and regulations imposed by our federal and state governments, governmental agencies and industry self-regulatory organizations.

Our attorneys have significant experience in federal and state courts, and before NYSE, NASD and AAA panels. We routinely bring and defend claims for federal and state securities law violations, common law fraud, breach of fiduciary duty, negligence, breach of contract, tortious interference, employment discrimination, defamation, and business corporation act violations.

•  Business Dissolution

•  Fiduciary Duty Claims

•  Shareholder Oppression

There are many methods of conducting business in today’s commercial  world, including corporations, partnerships, and limited liability companies.  No matter which method is chosen, special relationships arise amongst those involved  and unique rules apply to the operation of the business.  Those in charge have various statutory, common law, and other obligations requiring them not only to protect the entity, but also the shareholders, partners, or members of the organization.

There are times when one may fail to faithfully discharge those obligations, thus harming the entity or its members.  We at KHK are experienced in the nuances associated with litigation of this nature, including shareholder oppression claims, breach of fiduciary duty claims, breach of loyalty claims, and business dissolution claims.  We have been involved in ground-breaking litigation that has protected the rights of shareholders, partners, and members of an LLC.   If you are concerned that an officer or director of a corporation, a partner, or a managing member of an LLC is involved in self-dealing or otherwise not acting in good faith, give us a call.  We can promptly evaluate the potential claims you have and discuss with you the available options for protecting your rights.

• Complex Family Probate Litigation

• Trust and Will Interpretation and Administration Disputes

• General Probate Litigation

• Breach of Trust

• Breach of Fiduciary Duty

• Professional Negligence

• Declaratory Judgments of Trust and Estate Rights

Any type of litigation can be challenging and aggravating. But when litigation involves how the estate or trust of a family member or close friend is being administered, things can become especially difficult. KHK specializes in these types of complex family disputes. Whether you are the named trustee or personal representative who is dealing with challenges in probate or civil court and need to make sure you’re fully protected from liability, or you’re an interested beneficiary who wants to make sure your rights are fully protected, KHK has the experience and practical litigation knowhow to ensure your situation is handled properly and you receive everything you are entitled to under the law.

•  Computer Fraud

•  Conspiracy

•  Criminal Tax Defense

•  Environmental Defense

•  Federal Criminal Defense

•  Federal Investigations

•  Fraud Consulting (Victims)

•  Grand Jury Matters

•  John Doe Matters

•  Mail and Wire Fraud

•  Search Warrants

•  Seizures

•  Witness Representation

Defense of matters that have criminal implications involves both art and science. We are often called into situations that are rapidly deteriorating as events spin out of control. The key in such situations is to take control of the facts immediately, and develop a strategy to interact with investigative authorities. We have significant experience in developing such strategies.

We represent alleged perpetrators (corporations, managers, defrauders) as well as victims (corporations, employers, people who have been defrauded). We know how to beat the government, and how to interact cooperatively with the government where necessary. We have helped companies by doing internal investigations and fraud consulting. We are intimately familiar with problems of parallel civil, administrative, and criminal litigation, and have managed defenses involving multiple districts and nationwide interests.

This is an era of escalating complexity in criminal cases. Advisory sentencing guidelines still impact on all decisions at all stages of a federal criminal investigation and prosecution. We are skilled and experienced in sentencing and forfeiture hearings. One of our lawyers served on the U.S. Sentencing Commission.

Wisconsin state authorities are very aggressive in certain business criminal areas, especially in environmental, securities, worker deaths, nursing home abuse and antitrust enforcement. We have significant experience with the special prosecutorial units that oversee these cases, and with the district attorneys who may also be involved.

We work as a team, and have the resources to jump in and hit the ground running on short notice.