We believe that an early understanding of our clients’ business goals is imperative to successful representation in commercial litigation. Only then can the best strategy, tailored not only to the case but to the client, be effectively developed and implemented.
Our commercial litigation lawyers serve as advisors to business owners, executives and corporate counsel on disputes that can impact their company’s profitability, reputation and, in some cases, continued existence. We collaborate with corporate representatives, in-house counsel and our colleagues in other practice areas to address each client’s legal issues as business concerns, rather than mere elements of case strategy.
We are known for our extensive jury trial and appellate experience. We have decades of experience representing our clients in state and federal courts and alternative dispute resolution forums across the US. We have handled complex, multi-district and high-profile litigation for various clients with a high success rate.
- effective and experienced trial advocates. We have tried high-stakes cases in diverse industries in venues throughout the US. Our clients turn to us to handle their enterprise-level disputes upon which the company’s success, and in certain cases, continued viability depends. Our experience in handling lawsuits with a nationwide profile makes us uniquely suited to assist in design and implementation of related media and public relations strategies.
- experience in all phases of litigation. We have extensive experience handling litigation matters from trial court to federal court including discovery, class certification, motions practice, settlement negotiations, arbitration, trial and appeal. We have managed complex and multi-district litigation on a national level, serving as National Coordinating Counsel and National Discovery Counsel.
- diverse litigation department. Our practice covers virtually every area of commercial law. We have integrated several specialty sub-groups to form a commercial litigation practice that touches key areas of our client’s business. We have also established a strong reputation in key niche areas including data privacy and cybersecurity.
- broad client portfolio. Our practice has a broad client portfolio and extensive experience handling complex and high-profile litigation, cross-border litigation and government investigations.
- effective staffing. We believe in staffing our matters with the right lawyers who have a strong understanding of the nature of the matter and a complementary skill set to handle the matter efficiently and effectively.
- cost-effective solutions. Utilizing effective litigation strategies and resources, we do not have to recreate the wheel. We have litigation databases and a library of knowledge resources at our disposal when assigned a new matter. We also have one of the top eDiscovery practices in the nation that utilizes the top people and technology to provide cost-effective litigation and information governance solutions to our clients.
Our areas of work include:
- antitrust and competition
- banking / insurance litigation
- class action defense
- commercial torts
- complex contract and indemnity disputes
- data protection, privacy and cybersecurity
- directors and officers disputes
- eDiscovery and information governance
- education disputes
- fiduciary disputes, including shareholder disputes and disputes concerning closely- held entities
- ERISA and employee benefits disputes
- government contracts
- healthcare disputes
- trade secrets
- real estate disputes
- licensing disputes
- animal rights and litigation
Our recent work
- Served as lead trial counsel for an international businessman in a gaming license lawsuit in state court that spanned nearly a decade and ended in a unanimous jury verdict for our client.
- Served as lead trial counsel for an institutional lender against one of the largest military housing developers in the US in a major breach of contract matter in US federal court . Our client prevailed at trial and was awarded the full amount sought, plus attorney’s fees
- Served as lead trial counsel for a dozen large banks in connection with a breach of contract action against principals of one of the largest privately-held home-builders in the US; after a three-day evidentiary hearing, we obtained a preliminary injunction freezing the defendants' assets pending final judgment; ultimately the case was settled
- Successfully defended a major tool and manufacturing company in an antitrust conspiracy lawsuit filed in US federal court The Plaintiff filed suit against our client and a number of other power tool companies, alleging that the companies conspired to boycott its safety technology by blocking its adoption as a standard in the industry.
- Defended an insurance association providing windstorm and hail coverage in a suit arising out of Hurricane Ike. In an issue of first impression, the plaintiff claimed that the adjustment of asphalt roof shingles found to be unsealed following the storm was conducted in bad faith and violated the insurance contract as well as certain provisions of the Texas Insurance Code. Following trial, a decision was issued by the presiding ALJ absolving the association of liability on all but one claim
- Served as lead counsel for a trustee of a national nonprofit health system and participated in a defense team that obtained a summary judgment establishing that the health system’s defined benefit pension plan was a "church plan" as a matter of law, and therefore, exempt from ERISA. This case is the largest of a growing national trend of cases challenging the application of ERISA's church plan exemption to religiously-affiliated hospital systems. In this case, the plaintiff claimed that the plan was improperly designated as a church plan and should be required to comply with ERISA. Based on this theory, the plaintiff claimed that the plan was underfunded and brought a putative class action on behalf of more than 90,000 plan participants.
- Represented an entertainment company in a high-profile matter brought by two animal rights activists protesting the company’s "animal walks," in which animals are escorted along city streets to the performance venue. Plaintiffs alleged the animals were assaulted, battered and "harassed" by defendants. The court granted judgment for defendants on the UCL claim and struck the claims for punitive damages. The remainder of the case ultimately went to the jury, which returned a verdict on all counts for defendants after deliberating for approximately six hours.
- Defeated a request for a temporary injunction against an American movie theater chain, in a lawsuit challenging a common industry practice for distribution of films to movie theaters known as "clearances."