Sher & Blackwell
attorneys are experienced in a wide variety of litigation and dispute
resolution. We have litigated matters ranging from complex commercial
matters to smaller individual disputes, in state and federal trial
courts throughout the country, most federal courts of appeals, and
the U.S. Supreme Court. Our firm also has extensive experience in
litigating before federal administrative agencies and administrative
law judges.
Sher & Blackwell attorneys are also experienced in
alternative dispute resolution (ADR), including arbitration and mediation. We regularly
represent clients in both international and domestic arbitration proceedings, and our
attorneys have arbitrated proceedings governed by the procedures of many major arbitration
organizations, including the American Arbitration Association, the Society of Maritime
Arbitrators, JAMS/Endispute, and the Hong Kong International Arbitration Centre. We have
also served as arbitrators in a number of commercial disputes and when necessary, have
handled proceedings to obtain judgments on arbitration awards and enforce those judgments.
Sher & Blackwell takes a practical approach throughout
the course of litigation. Prior to commencing litigation, as well as during the course of
the litigation, we will offer the client candid private assessments of the likelihood of
success, probable recovery or liability, and the advisability of settlement. In other
words, our attorneys constantly seek the most commercially favorable result for the
client, be it through continued litigation or settlement.
Because of the international nature of its practice, Sher
& Blackwell maintains a large network of law firms in other countries with which it
cooperates in pursuing litigation for its clients. Our attorneys have recently worked with
law firms in Taiwan, Hong Kong, Thailand, Canada, Brazil, and the United Kingdom regarding
commercial litigation matters.
Sher & Blackwell has handled major cases in a wide range
of subject areas. Some examples are:
- Antitrust. Our attorneys have
defended major ocean carriers in criminal complaints and in multi-district class action
litigation, responded to Civil Investigative Demands, and handled an appeal over the
response to the Civil Investigative Demands. In more than one case, the firm has been
successful in securing the dismissal of complaints filed in federal district court
alleging violations of the antitrust laws.
- Constitutional Litigation. Sher
& Blackwell attorneys have successfully represented classes of motor carriers in
challenging state taxes on the operation of trucks under the Commerce Clause of the United
States Constitution. Not only did we obtain several judgments declaring the taxes
unconstitutional, our attorneys also received refunds of the unlawful taxes for the class
members.
- Government Contracts. Sher &
Blackwell attorneys represented a major construction contractor in several claims against
the Washington Metropolitan Area Transit Authority relating to change orders and other
contract interpretations in the construction of the Washington, D.C. Metrorail system. Our
attorneys have also represented clients in bid protests before the General Accounting
Office and regularly represent clients in contract dispute claims before Contracting
Officers, Boards of Contract Appeals, and the courts.
- Maritime Litigation. Sher &
Blackwell has represented both ocean carriers and terminal operators, both in the courts
and before governmental agencies such as the Federal Maritime Commission.
- Freedom of Information Act. The firm
is currently representing a large group of ocean carriers in a remand proceeding after a
successful appeal of a case involving the proper scope of the Freedom of Information Act
(FOIA) as applied to private commercial information submitted to a government agency.
- International Contract Arbitration.
Our attorneys have handled hundreds of arbitration proceedings, both in the United States
and overseas, in disputes over breaches of shipping contracts. In connection with these
cases, our attorneys have obtained court judgments based on arbitral awards and have
enforced those judgments in the courts of the United States and other countries.
- Agency Penalty Proceedings. Sher
& Blackwell has defended clients in scores of proceedings in which a governmental
agency has sought to impose a penalty under a federal statute. These agencies include the
Federal Maritime Commission, Department of Transportation, Federal Aviation Administration, U.S. Customs Service, Office of Foreign Asset Control, and
Maritime Administration.
- Federal Agency Claims Proceedings.
Over the course of many years, Sher & Blackwell attorneys have represented numerous
claimants injured by overcharges by crude oil producers. We successfully represented
numerous claimants in a suit in the U.S. Court of Appeals for the District of Columbia
Circuit to establish their right to refund relief, and then recovered over $50 million in
refunds for the claimants in claims proceedings before the Federal Energy Regulatory
Commission.
