The lawyers in our Commercial Litigation practice have represented clients in virtually every type of business and commercial dispute. Our practice is built on the experience and skill of our trial lawyers and was recognized as a "Complex Commercial Litigation Powerhouse" by BTI Litigation Outlook in 2020. In addition, the Commercial Litigation practice has been consistently recognized as a top-tier practice by Legal 500 US for seven consecutive years (2015-2021). We have represented our clients in jury and bench trials across the Americas, Europe and Asia.

We have handled dozens of commercial arbitrations and administrative hearings. Our lawyers take pride in their ability to move quickly and mobilize a team at a moment’s notice to handle emergency litigation, whether it be a TRO, a preliminary injunction or an emergency appeal. We have the ability to assemble teams that include lawyers from across the world with extensive experience in their local courts. And no other firm can offer a litigation practice that is so strongly supported at every step by the lawyers of our nationally renowned appellate practice and a group that focuses on e-discovery.

Our Commercial Litigation practice includes:

  • Breach of contract
    • Purchase and sale of businesses & post-closing disputes
    • Partnership and joint venture disputes
    • Real estate contracts
    • Exclusivity and non-competition agreements
    • Sale and purchase of goods and UCC
  • Fraud and fraudulent inducement
  • Business torts: defamation, trade libel and disparagement, unfair competition, tortious interference and breach of fiduciary duty
  • Franchise and distributor disputes
  • Statutory actions (RICO, eminent domain, Lanham Act)
  • Bankruptcy litigation and foreclosures
  • Emergency and equitable relief
  • Government investigations (non-SEC, DOJ, Antitrust Division, and Bank regulations)
  • Issues of governing law, conflict of laws and forum selections especially in Asia
  • Torts and commercial disputes arising abroad involving government contractors
  • Enfreightment and other maritime matters

Commercial disputes often involve reputational risks for our clients, and are frequently “bet the company” cases. In those cases, clients often seek aggressive, trial-ready advocates who will demonstrate both the client’s legal resolve and also its readiness to pursue its legal remedies through a trial. Our collection of trial lawyers, including many former Assistant US Attorneys, bring substantial trial experience and ably communicate our clients’ legal resolve.

We recognize, however, that many disputes may involve lower stakes, or require the balancing of potential financial exposure against other meaningful business interests. We know that litigation efficiency may be a key definition of success for our clients, and we work closely with our clients to ensure that the services provided match the level needed in any particular case. 

Our Approach
From the moment we are retained, we work with our clients to immediately identify the strengths and weaknesses of the case. Together, we prepare a trial strategy and develop the case with that strategy in mind. While we look for creative ways to resolve the dispute at the earliest opportunity, we are always preparing to try the case. Our lawyers have achieved a superb record of wins at trial and on appeal. Just as important, in hundreds of cases, our superior analytic and writing skills have spared our clients the risks and costs of trial by winning motions to dismiss or summary judgment.

Managing the Early Stages of Commercial Litigation in the US: Critical First Steps