Commercial Litigation

Experience

Commercial Litigation

“Boutique litigation firm with a preeminent presence in Maryland. Extremely highly regarded for its expert commercial disputes practice, which includes significant experience at trial and appellate stages. Also noted for its deep experience in federal and state criminal investigations and trials.” - CHAMBERS USA

Kramon & Graham is one of the region's top litigation firms. Representing individual and institutional clients in high-stakes civil and criminal cases, our lawyers have extensive trial and appellate experience at all levels of the federal and state court systems and before administrative agencies. We represent both plaintiffs and defendants in a range of matters involving business break-ups, government and private contracts, securities, fiduciary duties, insurance coverage, unfair competition, employment, construction, real estate, lending and banking practices, criminal defense, trademark and copyright infringement, misappropriation of trade secrets, and professional malpractice. Our attorneys have an impressive record prosecuting and defending class actions and multi-district actions.

True Courtroom Experience. As a firm, we are best known for our trial experience. Our lawyers are recognized across the nation for their exceptional skill and successful results. Since 2004, Chambers USA has ranked Kramon & Graham as a Top Tier litigation firm and describes the firm as having "terrific detail-oriented lawyers" and "high-quality partners and associates who take an excellent intellectual approach to hard issues." Our litigation team includes three former Assistant United States Attorneys, two former Assistant Attorneys General for the State of Maryland, several former prosecutors, five Fellows of the American College of Trial Lawyers, and six permanent members of the Fourth Circuit Judicial Conference. In addition to Chambers USA, our firm and our attorneys are recognized annually as leaders in litigation by other ranking guides including Benchmark Litigation and The Best Lawyers in America, among others.

E-Discovery, Document Retention, and Artificial Intelligence. Proper retention and management of electronically-stored information (ESI) have become essential for the operation of a business and in the prosecution and defense of complicated lawsuits. Our trial attorneys have substantial experience in cases that involve the collection, production, and review of vast amounts of ESI. Our team includes a member of the joint bar-court committee that drafted the Suggested Protocol for Discovery of ESI for the United States District Court for the District of Maryland. We help our business clients develop practical, manageable document-retention policies that are designed both to serve ordinary-course business needs and facilitate efficient, cost-effective retrieval and review of ESI during litigation. We also work with our clients' in-house technology personnel to implement appropriate "litigation-hold" policies and procedures that are designed to minimize the risks of court-imposed sanctions based on allegations of spoliation and improper preservation of ESI. In appropriate cases, particularly in large ESI-discovery cases, we routinely work with outside document-management and ESI-technology vendors to assist in e-discovery matters.

What Our Clients Say. We approach every case assuming that it will be tried. We believe that approach puts our clients in the best possible position for success, whether at the motions stage of a case, during settlement talks, or during the trial itself. We staff cases leanly with the most skillful and cost-effective legal team. Here's what clients say: a "top-notch litigation firm" having "an exceptional work ethic"; the attorneys "are fierce, able advocates for their clients"; "I choose to work with them because of their superior litigation team and their ability to handle large, complex commercial cases and their stellar reputation."

We are most proud that our peers in the profession have retained us for their personal litigation matters, including matters involving partnership dissolution and malpractice claims.

Kramon & Graham has a reputation for innovation and excellence that dates back to 1975, when Andy Graham and Jim Kramon left their positions as assistant U.S. attorneys and became law partners. Nearly fifty years later, our trial attorneys have not only upheld Andy and Jim's vision of exceptional advocacy and extraordinary service, they have strengthened it.

Representative Matters

Kramon & Graham attorneys successfully defended a national financial institution in a four-week class action jury trial. The federal court case was instituted by plaintiffs who alleged that the financial institution and others were liable to them for alleged irregularities in home mortgage transactions over a 20-year period. Plaintiffs sought hundreds of millions of dollars in compensatory damages. The jury decisively rejected the plaintiffs' claims and returned a verdict on the financial institution's and the other defendants' behalf.

In a major victory for a law firm client, Kramon & Graham attorneys prevailed in the United States Court of Appeals for the Fourth Circuit in challenging the appropriateness of a "filter team" of the U.S. Attorney's Office to review files and emails confiscated from the client's office. The Fourth Circuit agreed, summarily reversing the District Court only two days after argument and granting all relief requested by the client.

Kramon & Graham attorneys represented a residential homebuilder in a high-profile religious discrimination lawsuit against Harford County, Maryland, its County Executive, other County officials, and two Maryland state legislators. In the underlying transaction, the homebuilder agreed to build and sell houses to be purchased by several members of the Muslim community. The project became subject to an anti-Muslim campaign led by local citizens who were opposed to the project. Harford County stopped issuing building permits for the residential subdivision and refused to approve use and occupancy permits for houses that had been constructed. The homebuilder and an entity associated with the Ahmadiyya Muslim Community brought suit asserting federal discrimination claims and other claims for relief. After a one-week evidentiary hearing, the federal court granted a preliminary injunction in favor of Kramon & Graham's client compelling the County to issue permits for the homes that had so far been constructed. Before the matter proceeded to a jury trial, a settlement was reached resulting in a payment of $4.95 million to the plaintiffs and agreements for the resumption of the project.

The Second Circuit Court of Appeals affirmed a summary judgment obtained by Kramon & Graham attorneys on behalf of a law firm sued for legal malpractice. The plaintiff alleged 13 separate acts of malpractice and sought $17 million in damages. Kramon & Graham successfully moved to have the case withdrawn from the Bankruptcy Court for the Southern District of New York and obtained summary judgment on all counts in the district court.

Arguing in the U.S. District Court for the District of Maryland, Kramon & Graham served as local counsel and presented the damages case in Paice LLC v Hyundai Motor Co. Working with patent specialists Fish & Richardson, Kramon & Graham presented a compelling claim that Defendants Hyundai and Kia should pay between $200 and $250 per car for their infringement of the plaintiffs' patents. After a full day of deliberations, the jury returned a $28.9 million verdict against the automakers, which equated to $200 per car.

Kramon & Graham attorneys successfully obtained judgment in favor of a national lender, on the eve of a class action trial, after demonstrating that plaintiffs were unable to prove their claims. The federal court case was instituted by plaintiffs who alleged that the lender and others were liable to them for purported violations of Maryland's finders fee law over a 20-year period. Plaintiffs sought hundreds of millions of dollars in damages.

Kramon & Graham attorneys represented one of six Baltimore police officers who were charged in connection with the death of Freddie Gray. The firm's client faced the most serious charges among the six officers charged. Following extensive discovery, motions, and a two-week trial, the defense team secured acquittals on all seven counts of the indictment, including second-degree murder, three manslaughter counts, assault, reckless endangerment, and misconduct in office. In this highly publicized trial, the defense team relied on the depth of its criminal defense experience, exceptional facility with complex medical issues, and extensive trial experience. By obtaining key pre-trial evidentiary rulings combined with the team's presentation at trial, the firm succeeded in acquiring a not-guilty verdict as to all charges.

Kramon & Graham attorneys successfully defended a major hospital sued by one of its credentialed providers for imposing restrictions on the provider's privileges. The provider had sought damages, injunctive relief, and attorneys' fees from the hospital and members of its medical executive staff and others, based on claims of breach of contract, negligence, and tortious interference with contract and prospective advantage. The firm obtained summary judgment in the Circuit Court for Baltimore County in favor of the hospital and all providers involved in the decision to impose the restrictions.

As special litigation counsel to the Chapter 11 Bankruptcy Trustee, Kramon & Graham attorneys successfully argued before the U.S. Bankruptcy Court for the District of Maryland in Schlossberg, Chapter 11 Trustee v. Vincent Abell et al., Adversary Proceeding No.: 14-00417-TJC, that spoliation by the defendants was so egregious that terminating sanctions were justified. The Court entered a judgment that effectively required the turnover of scores of properties and bank accounts to the firm's client for the benefit of creditors. The case is significant both for its use of the continuing concealment doctrine in the recovery of assets and for the Court's opinion on spoliation, which provides the latest, most comprehensive judicial discussion of sanctions for the destruction of ESI.