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Practices

When you are facing a business tort or unfair trade practices claim, your goal is typically to resolve the matter without the time, expense and inconvenience of a trial. With that in mind, Liskow excels at pre-trial dismissals, both on the pleadings and at summary judgment.

Overview

Liskow represents a wide array of clients in many industries, in state and federal court. Our lawyers defend and prosecute business torts such as fraud, defamation, conversion, negligent misrepresentation, tortious interference with contract or business relations, as well as unfair trade practice disputes. Often, these claims go hand in hand. And it comes down to really knowing the law and its nuances.

Unfair trade practice claims in particular can present unique challenges to defendants (and opportunities to plaintiffs) as a result of the broad wording of the statute and the possibility of an award of legal fees. Members of the commercial litigation team have been handling such claims for decades and have published some of the leading articles in this area. Team members George Denegre and Shannon Holtzman published “Tortious Interference and Unfair Trade Claims: Louisiana’s Elusive Remedies for Business Interference,” 45 Loy. L. Rev. 395, which has been quoted with approval by Courts, including the U.S. Fifth Circuit, in more than 25 cases such as: Whitney Bank v. SMI Cos. Global Inc., 949 F.3d 196, 207-08 (5th Cir. 2020); D.H. Griffin Wrecking Co. v. 1031 Canal Dev., LLC, 2021 WL 917335, *3 (E.D. La. 2021); Southeastrans, Inc. v. Landry, 2021 WL 712507, *3 (W.D. La. 2021); CP Marine Offloading, LLC v. Miller, 2021 WL 3417797, *6 (La. App. 3d Cir. 2021); Taxicab Ins. Store, LLC v. Am. Serv. Ins. Co., Inc., 224 So. 3d 451, 460 (La. App. 4th Cir. 2017); and Encompass Office Solutions, Inc. v. La. Health Serv. & Indem. Co., 2014 WL 12980010, *10 (N.D. Tex. 2014).

Liskow culture puts our clients first

We don’t need the spotlight of a trial: we work in your best interest. Part of our success is putting aside egos and keeping our focus entirely on our client. Successful defense against business torts and unfair trade practice claims requires relevant experience and a deep understanding of such claims and remedies and Liskow is fully committed to putting the very best people on your matter. We will understand your goals and work within your budget – both will be reflected in our strategy.

Strategic at the outset – and throughout

Because we are well-versed in the elements of unfair trade practice and business tort claims, we know exactly what weaknesses to target in our opponent’s case. We raise potential counterclaims as needed. If we can get the case dismissed on the pleadings, we do. If not, we design a compelling summary judgment motion. We focus on the critical issues on which the case can be resolved in advance of trial such as, for example, what did the other side know and when did they know it? Keenly aware of the cost and inconvenience of litigation, in addition to possible reputational damage, we tailor discovery to fit the needs of the case with a particular eye to obtaining the evidence needed for summary judgment and/or for settlement leverage. We go to trial only when it’s the sole logical choice for you.

Credibility with the judiciary

Our clients benefit from Liskow’s excellent reputation within the judiciary. What we say is supported by fact and by law, every time. We don’t assert weak or tenuous claims or arguments and the Courts know this.

Notable Experience

  • Secured dismissal of unfair trade practice and other claims against a manufacturer of all-terrain vehicles at the outset of the case based on the pleadings. R&R Motorsports v. Textron, No. 21-2014 (E.D. La)
  • Secured dismissal of unfair trade practice and other claims against an international law firm at the outset of the case based on the pleadings. Ohle v. Bank One, No. 2:12 cv-01324 (E.D. La)
  • Secured summary judgment dismissing unfair trade practice claims against our client asserted by a competitor in the baby and children’s products industry.  Luv N’ Care v. Laurain, No. 3:16-00777 (W.D. La)
  • Secured pre-trial dismissal of unfair trade practices claims asserted against BP Exploration and Production Co. (E.D. La.) Recent summary judgment on behalf of a client who had been sued by its construction contractor for a variety of claims, including fraud; summary judgment was affirmed in full on appeal to the Fifth Circuit Court of Appeals

We are known for these strengths

  • Liskow represents clients in disputes involving fraud, negligent misrepresentation, tortious interference with contract or business relations, misappropriation of trade secrets, libel, slander, abuse of rights, breach of fiduciary duty, breach of the implied duties of good faith and fair dealing, unjust enrichment and detrimental reliance
  • We handle disputes between franchiser and franchisee, employer and employee, creditor and debtor and disputes between competitors either asserting or defending claims made by their business rivals
  • Our team members also have significant experience and success with creative removal theories that stick. When clients need a case to be removed to federal court or remanded back to state court, we craft persuasive arguments to meet their goals.
The firm has excellent trial lawyers who are very knowledgeable in terms of Louisiana procedure.
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Chambers USA 2022, Band 2, Louisiana

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