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INSURANCE PRACTICE
The roots of the Firm’s current practice are the
litigation services it has provided to its insurance carrier clients.
The Firm’s senior attorneys have engaged primarily in insurance
trial coverage and appellate work throughout their careers. The Firm
has and remains privileged to represent most of the largest insurers
in both property/casualty and life/health matters. However, due to the
Firm’s efficient approach toward rates and billing practices,
it also has managed to attract and maintain a significant number of
smaller insurers who can rely upon outside counsel to handle the occasional
litigation matter and provide continued guidance on the critical insurance
issues in California.The Firm’s primary focus in representing
its insurance clients is at the trial level. However, the Firm continues
to emphasize its appellate work and this remains a significant portion
of the attorney's time in the insurance area.
The Firm currently represents many insurers throughout
the state in litigation matters. Moreover, the Firm consults with several
insurance companies on a variety of issues in national litigation. The
Firm has coordinated litigation and trial work nationwide on behalf
of many insurance clients, assisted in regulatory proceedings, and facilitated
insurance filings. The Firm also regularly consults with its insurance
clients and assists in the staff training of insurance personnel on
current legal developments, anti-fraud activities, and Insurance Department
compliance. Many of the attorneys are recognized nationwide for their
expertise in the area of insurance litigation, especially in the defense
of punitive damage litigation.
As an adjunct to its insurance practice, the Firm also provides extensive
experience in insurance issues arising from the Employee Retirement
Income Security Act of 1974 ("ERISA"). In that regard, the
Firm specializes in representing insurance carriers and plan administrators
in all disputes brought under ERISA. A list of representative clients
can be provided upon request.
EMPLOYMENT
The firm is well known along the West Coast for its employment
law practice. The areas of expertise in our practice group are as diverse
as the problems which arise from day-to-day in the workplace. Among
other things, we counsel clients regarding compliance with various state
and federal statutes, assist in the preparation of employment handbooks,
and train human resources and other employees in the handling of employment-related
issues. Where necessary, we represent our clients (both employers and
employees) before various administrative agencies, such as the Equal
Employment Opportunity Commission and the California Department of Fair
Employment and Housing, and have also represented clients before the
offices of the California Labor Commissioner. Once in litigation, we
efficiently represent our clients in an attempt to resolve cases as
early as reasonably practicable. We have excellent backgrounds in alternative
dispute resolution, and have an outstanding rate of success in resolving
cases at their early stages. However, we also aggressively prepare for
trial, if necessary, and use our stable of well-known experts and consultants
to assist where appropriate. Principal cases handled by our attorneys
include claims for sexual harassment, reverse discrimination, failure
to accommodate under the Americans with Disabilities Act, and various
forms of gender, race, or national identity discrimination. Our firm
also presents four hour to one day human resources seminars and presentations
to its employer clients.
PHARMACEUTICAL
Our pharmaceutical practice resolves around the representation of pharmacies and pharmacists in various forms of cases involving, among other things, allegations of pharmacy negligence and/or malpractice, as well as the side effects of prescription and over-the-counter medications. We have handled dozens of pharmacy-related cases around the country, including matters in California, Maryland, Montana, and Nevada, and are national counsel to various pharmacy chains in litigation involving, among other things, Baycol, PPA, Rezulin, Serzone, Kava Kava and Ginseng. In that capacity, we've handled state and federal coordinated (MDL) proceedings, and are currently liaison counsel to retailers in the California coordinated Baycol proceedings and counsel for all pharmacies involved in the on-going federal court Celebrex/Bextra matters. We have tried cases to juries involving allegations of wrongful disclosure of medical records, and have defended cases involving allegations of failure to properly warn patients of the dangerous side effects of a given prescription. Our firm is one of the few in the country with a practice devoted to pharmacy law, and we take pride in our attorneys' regular commitment to keeping apprised of developments in that area. We are members of the American Society of Pharmacy Law ("ASPL"), have recently spoken at numerous pharmacy law seminars, including ASPL and National Association of Chain Drug Stores' ("NACDS") conferences, and offer seminars to our clients in developing pharmacy law areas.
REAL ESTATE
Kelly, Hockel & Klein's real estate practice covers
a large area of real estate litigation. We have experience and skill
in helping to resolve virtually any real estate related dispute, and
believe our emphasis in this area puts us on par with any firm in California.
Among other areas, we have represented property management companies
as well as tenants in connection with the leasing, operation, maintenance
and ownership of retail centers, office buildings and residential property,
and offer services including lease negotiation, and litigation involving
lease interpretation or property management. We have also represented
numerous clients in construction defect litigation, arising out of small
residential projects to large commercial developments. In that regard,
we have represented owners, developers, suppliers, architects, engineers
and builders. We have also represented clients involved in various environmental
issues, such as interpretation of the California Environmental Quality
Act ("CEQA"). We have also represented clients forced to litigate
claims arising out of the transfer of real property, as well as disputes
over boundaries and fraudulent sales transactions.
APPELLATE
Our firm's appellate practice is truly unique. Many of
our attorneys have developed subspecialities in the appellate area,
and most have represented clients before appellate tribunals from the
appellate departments of the Superior Court to the California Supreme
Court. In fact, in recent months, attorneys from our office have appeared
before the Ninth Circuit Court of Appeals and the California Supreme
Court. Our experience before many appellate courts has given us a unique
perspective on appellate law, and we believe that good advocacy, from
law and motion through the appellate process, comes not from one's declared
"speciality", but from experience and outstanding advocacy.
Our attorneys are particularly qualified in these areas.
TORTS AND COMMERCIAL LITIGATION
The backbone of our firm's practice comes from its torts
and commercial litigation practice. For example, we represent clients
defending "slip and fall" lawsuits through those litigating
multi-million dollar leases and commercial contracts. As with all of
our practice groups, this group concentrates on efficiently, but aggressively,
representing clients through every step of the litigation process. We
tackle the possibilities of alternative dispute resolution from the
earliest stages, but remain prepared to try cases where necessary and
appropriate. We have successfully resolved hundreds of cases in these
areas in the past few years, and our attorneys are very proud of our
results, whether it be through early resolution, summary judgment, or
success at trial. In recent months, we have defended clients in claims
such as false imprisonment, violation of the California anti-discrimination
statutes (the Unruh Act), negligent hiring and retention, as well as
mere negligence and strict products liability. Our diverse experience
in these areas aids in the early and successful resolution of cases.
ALTERNATIVE DISPUTE RESOLUTION
Alternative Dispute Resolution (“ADR”) is
a forum used as a means to find a remedy short of trial. The generally
accepted ADR options consist of Early Neutral Evaluation, Mediation
and Arbitration. Kelly, Hockel & Klein utilizes ADR options where
appropriate as a complement to traditional litigation. We have represented
a variety of corporate and commercial clients for a wide range of disputes.
Attorneys in the ADR practice group have substantial
expertise in the ADR processes. We advise clients on the most effective
ADR option for the problem at hand, counsel on the rules and format
of the ADR procedure, and provide creative, innovative and efficient
representation at the chosen ADR forum.
PRACTICING ATTORNEYS:
Jonathan Allan Klein has been
appointed an arbitrator for cases filed before the San Francisco Superior
Court.
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