The firm provides litigation support and handles appeals on a wide variety of commercial litigation matters, plaintiffs or defendants, in state and federal court. These include, but are not limited to: contract, intellectual property (patents, trademarks, trade secrets and copyright), covenants not to compete, business torts, common law fraud, insurance disputes, and enforcement of judgments and debts.

Claims involving contract, consumer protection, and insurance are alike in that all start with a contract, whose provisions must be interpreted in accordance with the law of contracts. Contract law is a sometimes fascinating mix of bright-line rules and equitable principles.

Rarely, the contract itself may be unconscionable in the manner in which it was procured, or in its substantive terms. If the substantive terms are unconscionable, perhaps a clause within the contract might be severed out, if it requires a party to give up specific legal remedies held by caselaw or statute to be unenforceable or unconscionable. Clauses limiting remedies might be held unenforceable, because a party's heads-I-win, tails-you-lose approach subverts the contract by allowing one party of breach with impunity. The principle is that clauses should be mutual, unequivocal, and reasonable. That is why a contract that allows attorney's fees for one party is often interpreted to allow attorney's fees for either party.

Perhaps the contract stands, but must be interpreted in accordance with an implied covenant of good faith and fair dealing.

Ms. Haas is an attorney member of the Authors Guild. The Guild is primarily a litigation agency for authors who have been published or who have been offered a book contract by an established American publisher.

Notable Cases

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Against Provider of Wireless Telephone Services -- Plaintiff amended the complaint, dropping federal and state antitrust claims, but other claims remained. Defendant obtained an award of attorney's fees in the trial court as prevailing party. The appellate court reversed, holding it was premature to declare provider of wireless telephone services the prevailing party when case was ongoing. Before trial, the case settled.

For Travel Agency -- In federal court, an international travel agency defends itself from claims of infringement of trademarks including domain names, cybersquatting, and unfair and deceptive trade practices.