Business Litigation

Contracts are the centerpiece of commercial activity, and often the most complex and high-stakes business disputes turn on the interpretation of contracts. We represent a broad range of institutional clients in enforcing contractual rights, defending against allegations of breach, and in many cases, both.  

Whether enforcing a contract on behalf of a multinational corporate client or extricating a client from a contract that threatens its success, we effectively protect our clients’ contractual interests. At the outset, we evaluate each dispute and advise our clients on the risks and cost of litigation, as well as on available alternatives. We always make sure our approach matches our clients’ goals and concerns.

When creditors’ claims are not satisfied during the course of bankruptcy proceedings, we have successfully pursued litigation to vindicate creditors’ rights. We have acted as special litigation counsel to creditors' committee and litigation trusts and have represented creditors, bankruptcy trustees, and equity holders in adversary suits and other proceedings before the bankruptcy court. 

Our attorneys take a solution-oriented approach designed to maximize returns and recoveries for our clients, while minimizing the disruption caused by litigation so that clients can focus on their businesses and their lives.

In this ever more complicated regulatory environment, companies and their employees must be vigilant about compliance and respond quickly and appropriately when regulators take action.

Our attorneys represent clients in investigations and enforcement actions conducted by many federal agencies, including the SEC, IRS, FDA, and Departments of Justice, State, Treasury, Labor, Homeland Security, and Commerce. We also have significant experience in matters against key state agencies, including State Attorneys General and securities and insurance regulators. We understand the interplay between civil, administrative and white collar criminal investigations and proceedings, and when our clients face parallel regulatory and criminal investigations, we carefully balance all their interests. 

Whether defending against allegations of anticompetitive conduct in civil, criminal, or regulatory proceedings, or bringing civil antitrust claims in federal or state courts on behalf of class members and companies, the stakes can be make-or-break in antitrust litigation. Success requires legal counsel that understands your industry, knows the law, and has the trial skills to make your case.  

Antitrust matters play to our firm’s core strength—the ability to develop and present compelling narratives based on complex fact patterns and legal concepts. At trial, on appeal, in settlement discussions, or in response to civil or criminal investigations, this ability can give our clients the best chance at success.

We have built an insurance practice focused on helping shift the balance of power between health care providers and insurers. Our attorneys have successfully pursued groundbreaking cases that have expanded provider rights, delivered substantial monetary wins, and forced insurers to reform their practices. By way of example, our team has led the charge in establishing parity in mental health coverage. Recently, two leading doctors of psychiatry reported to The American Psychiatric Association (APA) that our case Wit v. UBH “represents the most successful effort to date to hold insurers accountable for actions that result in unequal coverage for mental and substance use disorders.”

More broadly, we also represent both policyholders and domestic and international insurers in a wide variety of other insurance coverage disputes, including disputes under directors and officers, general liability, professional liability, property, and reinsurance policies.

We advise public and private corporations, boards of directors and board committees, and individuals in litigation and investigations concerning corporate governance. We assist corporate clients in responding to shareholder demands—including establishing and interacting with special litigation and other board committees investigating them—and officers and directors whose conduct is the subject of shareholder demands and internal investigations. 

We also advise organizational and individual clients concerning their own fiduciary obligations and the fiduciary obligations of others, both prospectively—in order to avoid costly litigation—and retrospectively—in responding to allegations of wrongdoing.

We work closely with real estate developers, investors, financiers, and other clients to address disputes that arise from their real estate assets. Our clients range in size and financial strength from start-up and entrepreneurial ventures to more established players in the real estate industry. 

We represent clients in disputes concerning a broad range of real estate activities, including the purchase, financing, leasing, and management of real estate, among others. We are accomplished and comfortable in litigation and in arbitration, but we understand the benefit of achieving our clients’ goals through settlement and identify opportunities to do so as early as possible in our work for real estate clients.