Business and Commercial Litigation

Unlike many litigation practices that routinely staff dozens of lawyers on every case, our business and commercial litigators offer a customized litigation approach to achieve positive outcomes with maximum efficiency. We handle cases with flexible, versatile, and highly qualified teams that work diligently to achieve clients’ business objectives in a cost-effective, methodical manner. We also utilize a wide range of ancillary technological resources, including advanced systems for document compilation and retrieval, electronic database research, and other litigation-related technology to meet our clients’ business objectives.

Our business and commercial litigation attorneys have tried thousands of cases before judges, juries, and arbitrators, both domestically and internationally, and have resolved thousands of business disputes through strategic negotiations, advantageous settlements, and other forms of alternative dispute resolution. Many of our business litigators serve as court or party-appointed mediators and arbitrators, including serving as National Association of Securities Dealers (NASD) arbitrators.

We’ve handled matters across a wide range of industries, including:

• Automotive
• Banking & finance
• Construction
• Energy & environmental
• Food & beverage
• Healthcare
• Hospitality
• Insurance & reinsurance
• Manufacturing
• Oil & gas
• Pharmaceuticals
• Real Estate
• Retail and consumer markets
• Technology

While commercial and business disputes often overlap, there are key differences in litigating these matters. As business litigators, our attorneys handle matters regarding the formation or operation of businesses under state corporation law, inter-company disputes, regulatory proceedings, mergers and acquisitions, and the enforcement of shareholder rights. Our commercial litigators handle commercial disagreements, including breach of contract, defective product/warranty claims, enforcement of secured transactions (such as mortgages), and issues related to the sale and delivery of goods.

Business Litigation

Our business litigation attorneys represent a diverse client base comprised of corporations, directors, officers, shareholders, partnerships, managing partners, limited partners, limited liability entities, and managers. We have substantial experience handling internal corporate disputes among shareholders, directors, and management under business corporation acts, buy/sell litigation, breach of shareholder agreements, minority shareholder oppression, breach of fiduciary duty, fraud and misrepresentation, interference with contracts, business relationships, and other business torts, theft of trade secrets, enforcement of restrictive covenants, antitrust, unfair competition and trademark, trade dress, and copyright infringements. Our attorneys also assist clients in conducting internal corporate investigations and in navigating governmental investigations, including subsequent regulatory proceedings.

We represent business clients in federal and state trial and appellate courts, domestic and international arbitrations, and other dispute resolution proceedings. Our business litigators routinely initiate and respond to emergency injunction proceedings in courts where immediate action is necessary, often including preliminary and permanent injunction proceedings to enforce covenants not to compete, as well as to address misappropriation of trade secrets and diversion of corporate opportunities.

Commercial Litigation

Our commercial litigation attorneys represent a diverse client base comprised of national and international product manufacturers, investors, issuers, corporate officers and directors, national accounting firms, securities brokerage firms, national construction firms, and financial institutions. We leverage extensive experience and resources across our national and global footprint to bring the necessary technical skills to handle complex disputes, including in “bet-the-company” proceedings. Our commercial litigators have substantial experience with complex litigation, class actions, breach of warranty, distributor/supplier disputes, UCC sales disputes, manufacturer’s representative and franchise disputes, professional services disputes, warranty claims and economic losses, manufacturer’s representative matters, insurance and re-insurance coverage disputes, antitrust, licensing matters, and real estate actions. We have also litigated government contract claims in the U.S. Court of Federal Claims and before federal agency boards of contract appeals. Our commercial litigation attorneys have handled individual and class action securities-related litigation involving publicly traded and closely held corporations, together with a variety of real estate, oil and gas, coal mining, and leasing syndication matters. Our commercial litigation cases have also involved claims arising under federal securities laws, RICO, and state securities laws.