OUR PRACTICE AREAS

Briol & Benson prosecutes and defends some of the toughest, largest, most complex commercial cases in the country. Our attorneys have tried more than 230 cases to verdict or award and have won or saved hundreds of millions of dollars for our clients. We represent clients in the following areas:

APPEALS

  • Appeal of unfavorable decisions in state and federal courts
  • Defense of favorable decisions on appeal
  • Collaboration on appeals with trial court attorneys

Briol & Benson has taken numerous appeals to state and federal court. Whether a client is seeking to appeal an unfavorable judgment, or just as importantly attempting to preserve a success in the trial court, we have the experience to preserve your rights and realize a multitude of appealable issues.

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ARBITRATION

  • Enforcement of arbitration agreements
  • Arbitration required by contract or agreement
  • Voluntary arbitration

Arbitration is a procedure for resolving disputes before an agreed-on arbitrator, and under agreed-on rules, rather than suing in court. Contracts of all descriptions, such as employment contracts, brokerage and financial advisor contracts, corporate acquisition agreements, contracts for the sale of goods, and various consumer contracts, may contain arbitration clauses in which the parties have agreed to arbitrate their disputes.

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BET-THE-COMPANY LITIGATION

  • Trade secrets
  • Intellectual property
  • Joint venture or strategic partnership agreements
  • Patent infringement
  • Consumer fraud & unfair or deceptive trade practices
  • Unfair competition
  • Defense against governmental actions
  • Contract rights

Briol & Benson represents companies and individuals in cases where the very existence of the company or an individual’s lifetime of work hangs in the balance. These cases involve the highest of stakes. Mark Briol and Greg Weyandt have been acknowledged as two of the Best Lawyers in America® in “Bet-the-Company” litigation.

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COMMERCIAL & FINANCIAL LITIGATION

  • Financial markets litigation
  • Contracts & Agreements
  • Unfair competition
  • Patent infringement
  • Gaming law
  • Intellectual property
  • White-collar crime
  • Fraud

In today’s global economy, business relationships and transactions are complex, whether a business is large or small. Business disputes that arise are often similarly complicated. Briol & Benson has the experience and knowledge to handle sophisticated civil and commercial cases in a wide range of areas, including securities law, contract law, unfair and deceptive trade practices, trade secrets, patent infringement, gaming law, antitrust, intellectual property, and white-collar crime.

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Divorce — High Asset Marital Dissolutions

  • Business & asset valuation
  • Asset or income tracing
  • Allegations of hidden assets or fraud
  • Trust, trustee & beneficiary issues
  • Confidential financial disputes

In high asset marital dissolution cases, the financial issues are often complex, requiring not only impeccable discretion, but also the proper valuation of businesses or other assets, gauging the impact of premarital agreements or estate plans, tracing assets and income to the appropriate spouse, and investigating allegations of hidden assets or fraud.

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EMPLOYMENT — EXECUTIVES & HIGHLY COMPENSATED EMPLOYEES

  • Breach of employment contract claims
  • Assessment of obligations under employment contracts
  • Enforcement of employment contract rights

An employment contract dispute can be a high-stakes affair for both the employee and the company. A highly compensated executive may have devoted a significant part of his professional life to helping build up a business, resulting in substantial contract expectations. At the same time, the company is charged with enhancing shareholder value and stewarding corporate resources in the face of a substantial claim. The result may be a hard-fought lawsuit that requires thoughtful and aggressive pursuit of contract rights.

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INTERNAL INVESTIGATIONS

  • Alleged employee or executive misconduct
  • Alleged white-collar crime
  • Financial rights in oil & gas investment contracts

Becoming aware of potential wrongdoing within your company can be the most stressful and sensitive events in the company’s life. Briol & Benson has experience in conducting efficient, effective, and confidential investigations. We can help you uncover whether there was any wrongdoing and craft the most effective response.

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OIL & GAS INVESTMENTS

  • Disputes concerning oil & gas related debt
  • Allegations of fraud in oil & gas investments
  • Financial rights in oil & gas investment contracts

Oil and gas investments involve some of the most complex financial instruments in the economy. In today’s volatile market, those investments – whether debt or equity – may be at risk. Briol & Benson’s attorneys have experience in litigating disputes over complex financial arrangements. We can help you evaluate your oil and gas investments and aggressively protect your investment in any dispute.

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SECURITIES FRAUD LITIGATION & ARBITRATION

  • Claims on behalf of defrauded investors
  • Defense against accusations of fraud
  • NYSE, SEC, NASDAQ & FINRA
  • Misconduct associated with oil & gas investments
  • Forensic investment evaluation
  • Victims of Ponzi schemes & other mass fraud
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SHAREHOLDER DISPUTES

  • Control of company resources, assets or strategy
  • Access to company records & information
  • Breach of fiduciary duty
  • Unfair treatment or oppression of shareholders
  • Shareholder dividends or distributions
  • Misuse of company assets
  • Succession conflicts
  • Shareholder or voting agreements
  • Board of director issues & derivative actions
  • Executive conduct or control
  • Disputes over control or sale of shares

An intricate web of relationships exists among the shareholders, directors, and executives of a company. The complexities of these relationships often go unnoticed when business is good, when everyone agrees on the appropriate business strategy, when everyone acts in good faith, and when everyone shares the same understanding of roles and obligations. But personal interest, disagreements, misunderstandings, or market downturns can disrupt the smooth consensus, pitting former business allies against one another and putting at stake control of the company and substantial amounts of money.

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TRUST & ESTATE LITIGATION

  • Trust, trustee, and beneficiary disputes
  • Enforcement of rights under trust agreement
  • Breach of fiduciary duty by trustee or state administrator
  • Disputes between multiple beneficiaries
  • Will contests
  • Business valuation and succession

Trust and Estate litigation is never easy, often pitting one family member against another. At Briol & Benson, our attorneys have represented parties engaged in trust contests, will contests, accounting actions, probate and estate litigation, trust and will construction actions to determine the meaning of the trust or will instrument or identity of a beneficiary, and trust reformation suits, in addition to a wide range of other fiduciary litigation.

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