We represent public and private companies, as well as individuals, in nearly every facet of commercial disputes in state and federal courts throughout the nation and in arbitrations throughout the world.
Our attorneys focus on formulating a strategy to accomplish our client’s objective, and we recognize that each client may have a different need. We take a business-oriented approach to commercial litigation and partner with our clients to formulate a strategy that respects the strengths, weaknesses, opportunities and threats in each matter. That said, we are proud of our reputation as lawyers who try cases.
Recent representative matters include:
- Represented a national REIT in trial and appellate courts, defending action for specific performance brought against it in connection with real estate owned in South Carolina. The trial court entered summary judgment in favor of our client and dismissed the action, which was affirmed on appeal.
- Defeated a $30 million claim against our client, an electrical components manufacturer, by disqualifying the claimant’s damages expert on Daubert grounds. We also obtained a favorable judgment on our client’s own claim for damages.
- Represented a commercial stair manufacturer after a jury awarded a substantial verdict to the client’s adversary. On appeal, the Fifth Circuit not only reversed the jury verdict, but also directed that our client be awarded monetary damages plus attorney’s fees and costs.
- Won a jury verdict and a substantial award of damages for a client against a manufacturer of computerized milling machinery on grounds of breach of warranty.
- Successfully defended a major medical products firm in a multimillion-dollar manufacturing and distribution contract dispute. The claim was dismissed on our client’s motion to dismiss and opposing counsel were sanctioned.
- In a novel class action brought against our client, a ticketing provider, defeated claims that a concert was effectively “canceled” because the lead singer was intoxicated.
- A class action alleged that our client, a major airline, had wrongfully collected a federal tax from ticket purchasers for several days after the statute imposing the tax expired. The purported class plaintiffs sought the refunds from the airline, which had paid the funds to the government. The trial court (and subsequently the Seventh Circuit) agreed with our position that actions for tax refunds must be pursued against the government, not private collectors.
- We defended a rental car company in a class action alleging improper calculation of state and municipal taxes on rentals. The firm’s litigators obtained dismissal of the suit in the trial court and the Illinois Appellate and Supreme courts affirmed the decision.
- Represented a major pharmacy chain in protracted class litigation involving the allegedly erroneous charging of city and state taxes in respect of the sale of certain non-prescription items. The case was finally decided in the Illinois Supreme Court, where our client prevailed.
- Represented a group of investors and limited partners in an action against their general partner, brought in the United States District Court in Dallas, Texas, asserting claims against the general partner and related entities for fraud, mismanagement and breach of fiduciary duty. The prosecution of the limited partners’ action resulted in the recovery from the general partner of all misappropriated funds.
- Obtained summary judgment in a multimillion-dollar breach of contract action for a Fortune 25 company.
- Trial counsel in a five-week jury trial in federal district court on claims of fraud, breach of contract and breach of fiduciary duty arising out of an alleged 25-year conspiracy and kickback scheme. Our client sought damages in excess of $566 million. The case spanned seven years and required overcoming four motions to dismiss, a motion for judgment on the pleadings and two motions for summary judgment. Discovery included more than 60 depositions, both domestically and internationally, and the production and management of many hundreds of thousands of documents. The court granted our Rule 50 motions on seven counterclaims prior to sending the case to the jury.