Diserio Martin O'Connor & Castiglioni LLP

Litigation

The attorneys in Diserio Martin O’Connor & Castiglioni LLP’s Litigation Department represent businesses and individuals in a diverse array of substantive areas, including business disputes and contract matters, employment law, foreclosures and loan workouts, insurance matters, product and professional liability, real estate matters, intellectual property, and family law disputes.  We handle trials and appeals in state and federal courts in Connecticut, New York and selectively in other states. Our litigation practice serves a range of clients, including publicly-traded corporations, small, privately-held businesses and individuals.

Our skilled litigators are first and foremost trial attorneys -- steadfast in our commitment to zealously represent our clients who find themselves embroiled in legal disputes.  Our attorneys draw on a broad range of experience in complex litigation matters that rivals that of much larger firms, often with greater economy to our clients. Because we are trial lawyers, we understand that time constraints and financial challenges of litigation sometimes require more creative approaches to the resolution of business disputes.  From the very first meeting, we work with our clients to understand the litigation process, reduce risks, manage expenses and pursue resolutions that are in their best interests.  While sometimes that requires us to take a case to verdict, we are equally skilled at counseling and guiding our clients through negotiation, arbitration, mediation, and other alternative dispute resolution forums.     

 

Practice Areas: 

Alternative Dispute Resolution

Because Diserio Martin O’Connor and Castiglioni LLP’s trial lawyers actually try cases, we recognize first hand the risk, expense, uncertainty and stress associated with protracted litigation. When appropriate, our attorneys have broad experience counseling and representing our clients in alternative dispute resolution settings, mediation and arbitration. We have achieved excellent results for our clients in a variety of complex matters short of trial through the creative use of these forums. 

Business Disputes and Commercial Litigation

Diserio Martin O'Connor & Castiglioni LLP’s trial lawyers have extensive experience litigating business disputes, contract disputes, and business torts that span a broad spectrum of industries, including finance, employment, real estate, consumer products, marketing, manufacturing, leasing, construction, and information technology.  We handle commercial cases in matters involving unfair trade practices, business fraud, corporate dissolutions, trade secrets, warranty claims, breach of contract, insurance issues, securities matters, and commercial lease disputes. 

Construction Litigation

Diserio Martin O’Connor & Castiglioni LLP has represented general contractors, construction managers, subcontractors, architects, design professionals, owners, lenders and sureties in construction disputes in state and federal courts and in arbitration and alternative dispute resolution forums in Connecticut, New York, and selected other states.  Our litigation experience spans virtually all issues that may arise in construction projects, including breach of contract, defective design, construction defects, professional liability, performance bonds, lending and title disputes, and mechanic’s liens.  Several of our construction trial attorneys have been hired by our peers to serve as mediators and arbitrators in construction disputes.

Creditor's Rights and Bankruptcy

At Diserio Martin O’Connor and Castiglioni LLP, we are committed to zealous representation of creditors seeking to recover from delinquent customers.  The attorneys from our Litigation Department represent secured and unsecured lenders, manufacturers, suppliers, landlords, service providers and other creditors in the Bankruptcy Courts in Connecticut, New York and selected other jurisdictions.  We have been called upon to help our clients recover on secured and unsecured claims in some of the largest bankruptcy cases, including Chrysler LLC, Quebecor World USA, Inc. and Adelphia Communications, Inc.  

Divorce, Child Custody and Family

Diserio Martin O’Connor & Castiglioni LLP’s trial lawyers have extensive experience in handling complex family law matters including divorce, child custody matters, post-judgment modification proceedings, alimony, spousal support, child support, termination of parental rights, legal separation, and visitation actions.  

Employment Law

Diserio Martin O'Connor & Castiglioni LLP’s experienced attorneys handle cases in all state and federal courts in Connecticut and New York and before administrative agencies such as the Equal Employment Opportunity Commission, the Commission on Human Rights and Opportunities and the Department of Labor, covering every facet of employment litigation. Apart from litigation, our attorneys provide proactive counseling as to preventive strategies designed to minimize future legal exposure. We also have extensive experience in drafting and enforcing non-compete agreements, non-solicitation agreements and other restrictive covenants to protect a company’s trade secrets without overstepping employees’ rights.

Foreclosures and Loan Workouts

Diserio Martin O'Connor & Castiglioni LLP’s trial lawyers have represented lenders in foreclosure actions in the state and federal courts in Connecticut since the firm’s inception in 1983.  During the recent economic downturn, we have expanded our foreclosure practice into New York, representing lenders in the state and federal courts of New York.  In addition to representing local, regional and national lenders and loan servicers in commercial and residential foreclosures and loan workouts, we are approved counsel for the Federal Deposit Insurance Corporation (FDIC) and handle Connecticut and New York cases for the FDIC. While we often litigate problem loans, we routinely work with lawyers in our Corporate and Real Estate Departments to advise clients in all aspects of real estate ownership, use, investment and financing, and have significant experience with the issues that can arise in connection with securitized loans.

Insurance Coverage, Risk Management and Risk Avoidance

Diserio Martin O'Connor & Castiglioni LLP’s attorneys work with the world's largest insurers and reinsurers and have provided analysis, successful litigation, and successful mediated results obtaining coverage and resolving claims involving hundreds of millions of dollars. We have represented insurers and insureds in insurance coverage matters involving directors and officers (D&O), commercial general liability (CGL), employment practices liability (EPL), errors and omissions (E&O), professional liability, disability and homeowners policies.  We have experience handling declaratory judgment actions and claims involving bad faith and unfair insurance practices. We also counsel businesses in analyzing and structuring their insurance programs, frequently interfacing with insurance brokers and often improving the scope of coverage.

Intellectual Property

The experienced attorneys in our Intellectual Property Department routinely litigate a wide range of issues in state and federal courts, including copyright, trademark, patent, internet and eCommerce, false advertising, and trade secret cases. 

Product Liability and Mass Tort Litigation

Diserio Martin O'Connor & Castiglioni LLP’s attorneys have defended manufacturers, distributors and sellers of products in cases involving a wide variety of product liability defense litigation, including claims of design defect, manufacturing defect, breach of warranty, and failure to warn.  We have represented scores of consumer and commercial product manufacturers, including some Fortune 100 companies, directly and occasionally through their insurers in MDL, state, and federal litigation as National Coordinating, Regional and Local Counsel.  Our recent cases have involved a variety of industry sectors, including household products, appliances, industrial chemical, machinery and machine components, neutraceuticals, ethical pharmaceuticals, recreational products, asbestos, mold, lead paint and environmental claims.

Professional Liability

Our trial attorneys at Diserio Martin O’Connor and Castiglioni LLP have extensive experience representing professionals in the defense of liability, malpractice and grievance claims.  Our clients include architects and design professionals, attorneys, realtors, insurance brokers, corporate officers and directors, engineers, accountants and financial planners.  Our attorneys understand the unique personal and professional problems caused by claims of malpractice, and we work closely with our clients to develop sound litigation and resolution strategies.   

Real Estate and Title Insurance Litigation

Diserio Martin O’Connor & Castiglioni LLP’s trial attorneys have extensive experience defending and prosecuting claims involving real property and title disputes, priority claims, mechanic’s liens, and claims for adverse possession and prescriptive easement.  We are frequently retained by title insurance carriers to represent the interests of their policy holders in these disputes. We also handle complex coverage matters involving title insurance policies.