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Commercial Litigation & Appeals

Our Practice

Areas of Practice

The Commercial Litigation and Appellate Practice Group at Clement Rivers, LLP represents corporations, businesses, and individuals providing experienced advice and advocacy on appeals in both state and federal courts for the firm’s own clients and many clients referred by other attorneys.

Trial Experience

The group has a wealth of trial experience and a track record of success litigating commercial disputes and defending class actions, including those involving:

  • Contractual disputes
  • Construction disputes
  • Developer defense
  • Disputes among business partners
  • Shareholder disputes
  • Negligence claims
  • Intentional tort claims
  • Unfair trade practices claims
  • Unfair competition claims
  • Warranty claims
  • Business torts
  • Environmental claims
  • Insurance defense
  • Self insured defense
  • Intellectual property disputes
  • Patents, trademarks, and copyrights
  • Other allegations of liability
  • Defamation defense

Complex Litigation

Clement Rivers, LLP is an established leader in complex litigation representing South Carolina, national, and international clients. The group has extensive experience handling multi-million dollar contractual and business disputes.

The group has an extensive practice in the insurance defense and coverage areas, providing coverage opinions and representing insurance companies and self-insured companies in declaratory judgment actions and defending against allegations of bad faith.

The group’s lawyers work closely with carriers to streamline litigation processes and efficiently resolve claims.  Two of the group’s attorneys are licensed in North Carolina and handle cases there as well.

The group also has extensive experience representing corporate clients, in complex business transactional matters.

Appellate Practice

The firm’s appellate practice lawyers have an established reputation for successfully representing hundreds of clients before South Carolina’s state and federal courts, including

  • South Carolina Supreme Court
  • U.S. District Court for the District of South Carolina
  • U.S. Court of Appeals for the Fourth Circuit

The group’s attorneys handle appeals for all of the firm’s practice groups, as well as handling numerous appeals from cases originating outside of the firm.

Whether a client’s goal is to reverse an adverse judgment, or protect a favorable one, the group’s appellate attorneys give each appeal a fresh perspective, carefully analyzing the record on appeal, advising clients on the advisability of appealing, and creating a successful strategy.

The group is regularly sought out to initiate actions in the original jurisdiction of the South Carolina Supreme Court, and to prepare briefs as amicus curiae on issues of public importance being heard in the state’s appellate courts.

In addition to representing clients at the appeal stage, the group’s appellate lawyers often advise clients at the trial stage to help prepare and preserve potential appellate issues. This holistic approach to litigation not only ensures a greater potential for success on appeal, should an appeal be required, but is also a useful tool in negotiating favorable settlements for the firm’s clients.

ADR

Each of the group’s experienced trial lawyers are careful to bring a business-based perspective to dispute resolution, never losing sight of the fact that often avoiding litigation is the best way to meet the client’s goals. The group’s attorneys make active use of negotiation, mediation, arbitration and other alternative dispute resolution methods where appropriate to provide efficient, effective resolution of client disputes.

Our Clients

The firm represents clients in both the public and private sectors, including those involved in

  • Insurance
  • Construction
  • Technology
  • Telecommunications
  • broadcast media
  • manufacturing

The firm represents several major national and international corporations, insurance companies, and self-insured companies.

Articles and Case Studies

Insurance Fraud In South Carolina:  Potential Pitfalls for Insurers by Jeffrey J. Wiseman and Joseph W. Rohe.  Published in S.C. Lawyer (November 2009)