Litigation & Dispute Resolution

A&S attorneys collectively have more than 75 years of experience in litigation and dispute resolution, in many different forums including alternate dispute resolution through the American Arbitration Association; JAMS (Judicial and Mediation Services); and NAM (National Arbitration and Mediation). The department is led by David Bamberger.

Litigation Risk Assessment

Our strategy at the outset of every matter is overall case assessment from a practical perspective. What are the stated goals? What are the projected odds of attaining them? If we are representing a plaintiff or claimant, is collection realistic? If we are representing a defendant or respondent, is an aggressive defense likely to be successful? At what cost? A battle plan at the outset avoids surprises and increases the likelihood of the optimum practical outcome.

Cost Control

A key to achieving success is cost control. We attempt to provide a written budget in virtually every material case proceeding.

Contingency and Hybrid Fees   

In appropriate cases, we will accept a hybrid fee, meaning a substantially reduced hourly fee in return for an interest in the outcome of the case. Then we too have “skin in the game.” We can even structure contingency fees for the defense – a reduced hourly fee and a success fee only if the outcome is a payment at or below a given amount agreed at the outset. Sometimes, when taking cases that we view as particularly strong or interesting (or the client is a non-profit), we will take a case on a pure contingency basis.


Alternate Dispute Resolution, particularly mediation or arbitration, may help determine a dispute effectively. Arbitration is typically quicker than litigation, particularly if a matter cannot be filed in, or removed to, federal court. Arbitration is also difficult to appeal. Often, a dispute can be resolved by a mediator, who is typically an ex-judge or other highly regarded expert in a particular field of law. Mediation is especially useful to avoid piecemeal litigation of multi-party disputes, where some parties’ contracts may call for arbitration and others not.

Trial and Appeal

Where necessary, we are fully prepared to take your case to trial, in court or arbitration. Over the years we have also done a great deal of appellate work, in both federal and state court.

Initial Consultations

We invite you to meet with us and to discuss your matter without obligation. For the avoidance of any doubt, all such discussions are entirely confidential, whether you hire us or not.

 For more information, contact:  David Bamberger