Kramer and Frank, P.C. > Practice Areas > Commercial and Fiduciary Litigation
Commercial and Fiduciary Litigation
Kramer & Frank’s litigators and trial attorneys provide cost-effective and result-oriented dispute resolution while recognizing the real world context in which commercial and fiduciary disputes arise.  We practice before state and federal trial and appellate courts, represent clients in mediation and arbitration, and pursue other forms of alternative dispute resolution.  

Our attorneys have represented clients in an extraordinarily broad range of disputes.  These include, for example, general and complex breach of contract, fraud and other commercial cases between businesses, fiduciary and trust litigation involving local and national financial institutions, ERISA class actions focused on the management of 401(k) plans, and whistleblower cases regarding federal procurement and grants.

Kramer & Frank’s Commercial and Fiduciary Litigation Group seeks to understand our clients’ needs and interests, not just their disputes.  As a result, our approach is different from most firms: 
  • Kramer & Frank recognizes that the vast majority of civil cases settle before trial.  In light of this, we focus on two objectives.  We litigate to be prepared to win at trial and to posture the case for an expeditious and favorable settlement.  Our clients, of course, make the ultimate decisions whether to litigate or settle.  We strive to ensure they have desirable choices.
  • Kramer & Frank understands that every case is different.  Unlike Kramer & Frank, some firms simply follow a routine used in every case; they file motions, undertake discovery and bluster.  They do so without considering whether any of this actually advances their clients’ interests.  Kramer & Frank believes its clients deserve better.  We thoughtfully and pragmatically analyze how we can exploit each stage of a dispute or litigation to bring a favorable and expeditious resolution. We do not treat any client, or their dispute, as routine.
  • Kramer & Frank does not advise clients to fight aggressively when the ultimate result may be to destroy valuable, or potentially valuable, business relationships with presently-adverse parties.  Kramer & Frank understands many situations require finesse, not blind advocacy.
Simply stated, Kramer & Frank’s Commercial and Fiduciary Litigation Group provides superior dispute resolution services for fees that are modest in comparison to our competitors.   We offer hourly billing and contingent fee arrangements.
Representative Cases
While with Kramer & Frank, or before joining the firm, our attorneys have successfully represented:
  • A major St. Louis chemical manufacturer in pursuing claims against a supplier for providing contaminated raw materials, which caused shutdowns and losses in the company’s production lines.
  • A major St. Louis chemical manufacturer pursuing claims for breach of contract, breach of fiduciary duty, and sabotage in a dispute arising out of the termination of the company’s security system provider.
  • The trust department of a St. Louis-based national brokerage firm in a variety of fiduciary disputes and litigation.
  • A national agricultural equipment manufacturer in a replevin and deficiency action arising out of a multi-million dollar financing default where the financing party had fraudulently inflated the valuation of the financed equipment and absconded with it upon default.
  • The Midwest affiliate of one of the “Big Three” credit reporting agencies in Fair Credit Reporting Act and related litigation.
  • A  partner/judgment-creditor of a partnership before the Missouri Court of Appeals in defending a charging order of the partner/judgment debtor’s partnership interest and removal his management rights.
  • A local contractor who designed and built “clean-rooms” in restaurants and medical facilities against a manufacturer of anti-bacterial wall panels that yellowed when exposed to certain types of light.
  • Classes of 401(k) participants in first-of-its-kind litigation actions involving mismanagement and/or breaches of fiduciary duty in multi-million dollar 401(k) plans.
  • Eighty St. Louis-based small businesses in defeating an effort to enforce fraudulently obtained finance lease agreements which contained “hell or high water clauses”  and waivers of jury trials.
  • A real estate development partnership in defending a civil penalties and forfeiture action involving claims of misrepresentation in securing federal guaranties of redevelopment loans.
  • A St. Louis-based high tech company against charges that it had fraudulently obtained a Small Business Innovative Research Grant.
  • A Branson, Missouri hotel developer in a lawsuit involving claims for breach of contract, professional negligence, and vexatious refusal to settle after leaks in a defectively designed and installed roof caused substantial damage to the hotel.
  • Trustees and beneficiaries of a trust against a major national bank where the bank’s trust investment department breached its fiduciary duties in the management and investment of trust assets.
  • Beneficiaries of a trust in an action for breach of fiduciary duty against a major national bank based upon the bank’s failure to diversify trust assets.
  • A St. Louis-based importer and distributor of clothing products in a breach of lease and declaratory judgment action against its landlord who failed to comply with lease terms regarding HVAC and caused roof leaks that damaged inventory.
  • A St. Louis-based importer and distributor of clothing products on appeal to the Missouri Supreme Court where the Court affirmed the favorable judgment  and resolved a split in the Missouri Courts of Appeal regarding an important issue of civil procedure.
  • A qui tam whistle-blower under the Federal False Claims Act in a multi-million dollar defense procurement fraud litigation, which, at the time, was the largest ever filed in Missouri against a major St. Louis-based defense contractor.
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