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Litigation and Trial

Overview

Over one-third of Fortune 100 companies turn to Crowell for their litigation and trial needs. Our litigators and trial lawyers help clients across a wide range of industries confront litigation challenges and intelligently protect their business interests.

Our definition of winning is driven by what our clients want to achieve. The foundation of our work is understanding each client's business and goals from the inside out. That knowledge allows us to develop effective strategies that mitigate legal risk, anticipate regulatory challenges, and successfully navigate market forces. That’s why when the stakes are highest, our clients trust us to handle their most critical disputes and achieve the best solutions for their business.

Understanding Our Clients’ Businesses

Clients turn to us for commercial solutions to their legal challenges. We are strategic litigators, which means we focus both on addressing our clients’ immediate needs and helping them achieve their objectives, even as they evolve over time. Our long-term relationships help us understand our clients’ products, services, markets, and industries, which in turn enables us to offer practical solutions and valuable insights to address their legal and business challenges.

Whether it’s through litigation, alternative dispute resolution, or creative settlement solutions, we work seamlessly with clients at every step of the litigation process to protect and advance their commercial interests. With offices across the United States, Europe, and Asia, we have ready access to local counsel, expert advisors, and other professionals wherever our clients operate.

Regulatory Strength

We are a full-service firm where trial and regulatory experience co-exist to better serve our clients.  For our clients in highly regulated industries, our trial lawyers work closely with our regulatory bench in matters adverse to government agencies, and also in commercial matters where litigation strategy may garner regulatory attention. Our first-hand knowledge of regulatory agencies allows us to help businesses navigate myriad regulatory issues. And the team’s extensive experience defending clients in highly regulated industries means our lawyers can anticipate litigation at the outset of a regulatory inquiry. We also know when litigation can and should be avoided. When that is the case, we help our clients take action to resolve disputes before they get to the courtroom. Our unparalleled regulatory experience often provides the framework of our role as client advisors — and makes us better litigators.

Inside the Courtroom

We’ve built our national reputation as a litigation powerhouse on the long history of success achieved by our accomplished trial lawyers. More than two-thirds of our lawyers regularly prosecute and defend cases in federal and state trial and appellate courts across the U.S. and around the world. From billion-dollar civil disputes, to criminal trials, administrative proceedings, arbitrations and mediations, clients turn to us again and again. While most cases don’t go to trial, our litigators always have a trial mindset. Sometimes the most effective way to resolve a dispute prior to trial is to show the opposing side that we are trial-ready. Our opposing counsel come to the table knowing that we’re prepared to go to trial to represent our clients’ interests.

Trials by their nature require agility and lawyers who can “think on their feet.” Many of our litigators have extensive trial experience from civil practice, government positions and pro bono engagements. As a firm, we invest in ongoing courtroom training for associates as well as veterans to ensure that our litigators at all levels are strong courtroom advocates. This adds up to highly skilled trial teams that know how to win.

Insights

Event | 02.20.25

Has the Buss Stopped? Recoupment Today

Has the Buss Stopped? Recoupment Today: In 1997, the California Supreme Court decided Buss v. Superior Court. In Buss, the court concluded that a liability insurer that defended a mixed action could seek reimbursement from the insured for the defense costs associated with the claims that were not even potentially covered. Since then, numerous courts have held that insurers are entitled to recoup their defense costs associated with uncovered claims or causes of action. On the other hand, a significant number of courts have rejected insurers’ right to recoupment, at least in the absence of a policy provision granting the insurer that right. Some commentators have even suggested that the current judicial trend might be away from permitting insurers to recoup their defense costs. Is that correct? Has the Buss stopped? This panel of coverage experts will analyze insurers’ claimed right to recoupment today, and offer their perspectives on what the law on recoupment should perhaps be and might be in the future.

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Professionals

Insights

Event | 02.20.25

Has the Buss Stopped? Recoupment Today

Has the Buss Stopped? Recoupment Today: In 1997, the California Supreme Court decided Buss v. Superior Court. In Buss, the court concluded that a liability insurer that defended a mixed action could seek reimbursement from the insured for the defense costs associated with the claims that were not even potentially covered. Since then, numerous courts have held that insurers are entitled to recoup their defense costs associated with uncovered claims or causes of action. On the other hand, a significant number of courts have rejected insurers’ right to recoupment, at least in the absence of a policy provision granting the insurer that right. Some commentators have even suggested that the current judicial trend might be away from permitting insurers to recoup their defense costs. Is that correct? Has the Buss stopped? This panel of coverage experts will analyze insurers’ claimed right to recoupment today, and offer their perspectives on what the law on recoupment should perhaps be and might be in the future.

Insights

Event | 02.20.25

Has the Buss Stopped? Recoupment Today

Has the Buss Stopped? Recoupment Today: In 1997, the California Supreme Court decided Buss v. Superior Court. In Buss, the court concluded that a liability insurer that defended a mixed action could seek reimbursement from the insured for the defense costs associated with the claims that were not even potentially covered. Since then, numerous courts have held that insurers are entitled to recoup their defense costs associated with uncovered claims or causes of action. On the other hand, a significant number of courts have rejected insurers’ right to recoupment, at least in the absence of a policy provision granting the insurer that right. Some commentators have even suggested that the current judicial trend might be away from permitting insurers to recoup their defense costs. Is that correct? Has the Buss stopped? This panel of coverage experts will analyze insurers’ claimed right to recoupment today, and offer their perspectives on what the law on recoupment should perhaps be and might be in the future.