Litigation

Administrative

In order to effectively advocate in an administrative setting, the administrative lawyer must have refined litigation skills, as well as technical knowledge of the specific subject matter at issue. Unlike court litigation where neither the judge nor the jury has expertise in the matter at issue, in administrative litigation, the decision-maker most often is an expert in that field. The effective administrative litigator must have technical expertise in order to be able to garner respect and to advance the client’s interest. In addition, the effective administrative litigator must be skilled in marshalling evidence and presenting arguments within a given technical arena. At Givens Pursley, we pride ourselves in having a broad range of subject matter expertise in such areas as water, environmental, land use, healthcare, telecommunications, energy, agriculture, as well as many other areas. Our lawyers have written "handbooks" that are looked to by professionals practicing in these disciplines as the "go to" legal resource for Idaho law in many of these areas. We use this knowledge to represent clients in all phases of administrative litigation including prehearing discovery, contested case hearings, and district court and Supreme Court appeals.

Commercial

At Givens Pursley, we enjoy a wealth of business experience and expertise in our Commercial Litigation team. For decades, we have represented clients in courts throughout Idaho and in arbitrations and mediations. Our many years of experience in successfully guiding clients through business, environmental, utility, healthcare and natural resources has melded significant subject matter expertise with practical courtroom experience. We also know that commercial litigation has both direct and indirect impacts on the client’s business and can detract from the client’s principal business focus. A commercial litigator must intimately know and understand the client's business and business objectives in order to assess and implement the best means of achieving those objectives as a full member of the client's team. We therefore believe it is essential to conduct early litigation evaluation and planning to identify a litigation strategy or other pathway that is designed to pragmatically achieve the client’s goals quickly, efficiently, and decisively.

Copyright / Trademark

Our Copyright/Trademark litigation practice group attorneys enforce joint authorship, work for hire, and commissioned or contract work agreements, both in conjunction with employment arrangements and independent ventures. We know how to obtain immediate injunctive relief when appropriate and pursue and obtain damages for ongoing violations. Our litigators will vindicate your intellectual property rights against any threat or infringement.

Employment Litigation

Our Employment Litigation attorneys regularly represent employers before administrative agencies, including the Idaho Human Rights Commission, Equal Employment Opportunity Commission, the United States Department of Labor, the Idaho Department of Labor, and the Occupational Health and Safety Administration. We have extensive experience in advocating for clients through alternative dispute resolution such as mediation or arbitration, and at trial and on appeal in state and federal courts.

Our attorneys also appear in state and federal trial courts in the protection and defense of unfair competition litigation including issues involving confidential and proprietary information, trade secrets, and the enforcement or defense of non-competition and non-solicitation agreement.

Professional Liability Defense

Our Professional Liability Defense lawyers have decades of experience in successfully defending professional liability claims for healthcare providers, attorneys, accountants, architects, engineers and other professionals. Our practice includes not only litigation defense and trial practice, but counseling to mitigate, minimize or avoid liability before litigation arises. We work with some of the nation’s most recognized and respected professional liability insurers to represent their insured’s best interests. We also work directly with self-insured and uninsured entities and professionals. In addition, we have vast experience representing licensed professionals before their respective professional licensing bodies in response to informal disciplinary investigations and defending formal adverse administrative prosecutions.

Real Estate Litigation

Real estate related litigation is a distinct subject and one in which our attorneys excel. From enforcing purchase and sale agreements, to boundary and access disputes, to addressing title defects and title insurance claims, we have seen the entire spectrum of this work. And, as with other areas of litigation practice, our transactional attorneys’ expertise yields great dividends to the litigators, providing a knowledge base that is truly second to none. Whether it requires a quiet title action, a lis pendens or a declaratory judgment, we know how to protect and vindicate our clients' real estate interests.