Complex Business Litigation

Why a Litigation Generalist Is the Most Strategic Choice in Complex Disputes

by | Apr 30, 2025 | Firm News

When facing a legal dispute, many clients instinctively search for an attorney who claims to specialize in their exact issue or industry. It’s an understandable approach—but one that often overlooks what truly drives success in litigation: strategic thinking, procedural fluency, and adaptability.

At Trepanier Tajima LLP, we believe that the most valuable advocate in complex disputes isn’t necessarily the subject-matter specialist—it’s the litigation generalist.


Built for Unpredictability—and Able to Create It

Litigation is inherently unpredictable. Witnesses recant, judges ask the unexpected, and cases evolve in discovery or at summary judgment. A litigation generalist is built for that terrain. At our firm, we don’t rely on rigid formulas. We design legal strategies with flexibility and foresight, knowing that no two disputes unfold the same way.

Even more importantly, generalists can introduce unpredictability into the process. Industry or subject-matter specialists often follow the same litigation “scripts”—standard tactics repeated case after case. That predictability can be used against them. We routinely identify and exploit these patterns, catching opposing counsel off guard with arguments, motions, or procedural maneuvers they didn’t see coming—because they assumed this case would go like the last. We assume that every case is unique—because every case is unique.


Litigation Requires Dynamic Strategy

Every case is a series of calculated moves—each one triggering reactions, counter-moves, and recalibrations. The trajectory of a case can shift dramatically based on a single decision: an early demurrer, a well-timed deposition, or the framing of a motion. Like in high-level strategic games, success depends on reading your opponent, anticipating developments, and staying nimble enough to pivot when the situation changes.

Generalists like us thrive in this environment because we don’t assume the rules of engagement are fixed. We view each case as a unique set of conditions to be navigated, not a checklist to be followed. That mindset is essential when the outcome hinges not just on the law, but on timing, tactics, and judgment under pressure.


A Breadth of Disputes, A Consistent Edge

Our firm handles a wide array of litigation matters:

  • Partnership and founder disputes

  • Trade secret misappropriation and unfair competition

  • Breach of contract and business torts

  • Employment and executive litigation

  • Corporate governance and fiduciary duty claims

  • Noncompete and restrictive covenant disputes

  • Commercial real estate conflicts and construction defect claims

  • Fraud, interference, and indemnity claims

  • Sexual abuse defense and institutional liability

  • Personal injury defense and catastrophic loss claims

  • Inverse condemnation, eminent domain, and property rights litigation

  • Religious institution defense and First Amendment-based claims

This diversity is a strength. Because we operate across case types, we bring insights from one area that strengthen our approach in another. Lessons learned in a fast-moving real estate dispute might inform strategy in a founder dispute. A procedural tactic that succeeded in a trust matter may unlock leverage in an IP misappropriation case. Sensitive matters like sexual abuse defense or religious institution liability require not only skill, but also discretion, empathy, and a firm grasp of public scrutiny dynamics. Likewise, a case involving a non-profit church might drive the argument in favor of a corporation in another case.

We do not assume that a case must be litigated a certain way simply because “that’s how it’s done” in a given industry. Every client, every dispute, every forum deserves a custom-built strategy.


Industry and Jurisdictional Experience—with Cross-Industry Insight

We do bring deep experience working with a wide range of client sectors. Our litigation work has involved matters connected to:

  • Private equity firms and venture-backed startups

  • Real estate developers, investors, and commercial landlords

  • Consumer goods companies and distribution businesses

  • Religious organizations and faith-based institutions

  • Schools, academies, and education providers

  • Health and wellness providers including hospitals and pharmacies

  • Telecom operators and data centers

  • Nonprofits and mission-driven organizations

  • Construction companies and property managers

  • Professional services firms, including law, finance, and consulting

We’ve also handled disputes that span multiple jurisdictions, including matters touching New York, Delaware, Indiana, Utah, Florida, Hawaii, Guam, and cross-border issues involving parties or assets in Asia. Our team is experienced in navigating California state court, federal court, and private arbitration, and we regularly coordinate across forums with differing procedural rules and substantive law.

What we’ve found is that a lesson learned in one sector—or jurisdiction—can often unlock a creative solution in a completely unrelated one. A strategy developed in a commercial lease dispute in California may inform how we approach a shareholder dispute involving a foreign entity. Our experience managing reputational risk for a religious institution may shape how we advise a founder in crisis at a high-growth startup.

This kind of lateral thinking—leveraging insight across industries, venues, and legal systems—is only possible with a generalist mindset. It’s what allows us to stay flexible, strategic, and relentlessly effective, no matter where or how the dispute unfolds.


Industry Knowledge Is Useful. Litigation Acumen Is Essential.

Clients sometimes overestimate the importance of hiring someone who “knows their industry.” While familiarity helps with context, most disputes turn not on the nuances of an industry but on how the litigation is navigated—how pleadings are crafted, evidence is uncovered, and leverage is applied.

What matters most is your lawyer’s command of litigation mechanics, judgment under pressure, and ability to pivot when the case takes a turn. That’s where a litigation generalist thrives.


A Fresh Perspective, Every Time

At Trepanier Tajima LLP, we pride ourselves on approaching each case with fresh eyes. We don’t cut and paste arguments or strategies. Our team listens carefully, thinks independently, and develops plans tailored to your goals and the specific risks you face. Our generalist mindset doesn’t dilute our focus—it sharpens it. It ensures your case gets the consideration, creativity, and courtroom edge it deserves. Some cases deserve early aggression, while other cases benefit from a patient approach.

If you’re facing a legal dispute—whether it’s a contract breach, internal business conflict, personal injury defense, or institutional crisis—don’t limit your search to someone who “specializes” in just one thing. You may find that what you really need is someone who’s approached problems and found solutions no matter the situation—and can win in any forum, on any issue, against any adversary.

That’s what we do.