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, their owners, officers and employees in such matters as dissolution 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. Our experience in resolving business disputes includes state and federal court litigation and alternative dispute resolution, including arbitration and mediation.
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; 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, and has drafted employment contracts, covenants not to compete, severance agreements, employee handbooks, drug and alcohol testing policies, and provided supervisor training.
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, adversary proceedings, 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.
KKC has been responsive to the increasing number of claims involving legal malpractice, representing clients against former counsel who violate the applicable standard of care. We carefully assess the merits of a potential claim, often consulting with expert witnesses, and perform a thorough document review. 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.
Trust and estate fiduciaries, conservators, heirs and beneficiaries often need litigation services. KKC experience includes estate and gift tax litigation, the rights of conserved persons in such matters. 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.
KKC's attorneys have substantial experience representing both appellants and appellees be in appeal before the 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 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 expertise and experience is 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 recognizes the benefit of such alternatives including mediation, binding and non-binding arbitration, and high/low arbitration. ADR has become not just a way to avoid court, but an avenue