Commercial Litigation

We represent domestic and foreign clients in complex business and commercial disputes in courts throughout North America. Our expertise includes all phases of the litigation process, including providing pre-litigation advice, choosing the appropriate forum to litigate a dispute, preparing pleadings that properly advance our client's case, engaging in motion practice and conducting effective and cost-efficient discovery. In representing our clients, we are constantly mindful of their business goals. In many cases, this means that our primary objective may be to reach a speedy economic settlement. However, we have highly experienced trial practitioners in each of our offices, and we have no reservations regarding taking a case to trial if our client's interests so require. We also have an extensive and highly successful appellate litigation practice.

Our practice extends to the entire range of disputes that arise from the kinds of business that our clients conduct. Some of our particular areas of expertise include:

• Distributor, dealer, sales agent, franchise and license agreement litigation.
• Partnership and joint venture disputes.
• Breach of warranty disputes and similar arising out of the sale of a business.
• Real estate disputes.
• Claims arising out of fraudulent and deceptive practices.
• Commercial disputes arising out of the sale of goods or services.

Recent representative matters include the following:

• We represented a sales representative in asserting its claim resulting from the termination of its representation agreement. This litigation resulted in two decisions by the court of appeals, the first holding the termination was wrongful and the second holding that our client was entitled to its claimed damages, and to our collection of a substantial judgment in favor of our client.
• We represented the U.S. subsidiary of a German company in asserting its claims resulting from the breach of a contract of sale. The case resulted in a district court opinion denying the defendant's motion to dismiss for personal jurisdiction and improper venue and led to a settlement favorable to our client.
• We represented a manufacturing company in defending against claims resulting from the alleged breach of the pension liability warranty provisions in an asset purchase agreement.
• We represented a German client in district court litigation for rescission, breach of contract and injunctive relief resulting from a U.S. company's alleged breach of a joint venture agreement to market products for sale in the United States.
• We represented a German auto parts manufacturing company in connection with disputes resulting from a joint venture agreement to manufacture and sell products in the United States.
• We represented a U.S. manufacturing company in a defense-related industry in connection with disputes arising out of a contract to sell products to a Middle Eastern country.
• We represented the Taiwanese Power Company against claims brought by an Indonesian supplier alleging unfair penalties and seeking damages and to void the standard Price Adjustment Clause used by our client to procure more than $500 million of coal annually.
• We successfully defended a U.S. manufacturer in a $40 million breach of joint development and licensing agreements claim brought by German footwear manufacturer involving the development of a foamless midsole for running shoes.
• We successfully defended the Taiwanese Power Company against multi-million dollar claims brought by an Indonesian coal supplier for unfair sodium specifications and related price adjustments. We also recovered the entirety of our $800,000 counterclaim plus attorneys' fees.
• We represented the Latin American distributor and licensee of a U.S. publisher of encyclopedias in claims alleging breach of a non-competition clause relating to the sale of publications over the Internet.
• We represented a U.S. auto care manufacturer against a foreign distributor in multiple jurisdictions seeking injunctive relief and the overturning of a foreign temporary restraining order relating to the breach of a distributor agreement and the theft of trade secrets.
• We are representing an entity of the French government that has been sued by a real estate broker in New York for a commission in the amount of $11 million arising out of the sale by our client of two insurance and real estate finance corporations.
• We represented a major European cable operator, and others, named as defendants in a lawsuit brought by shareholders of a subsidiary company. The shareholders claimed a percentage of the parent company by virtue of a shareholders' agreement that was alleged to confer an exclusive right upon the subsidiary to exploit the cable business. The suing shareholders alleged breaches of fiduciary duty by the officers and directors of both the subsidiary company and the parent. We moved to dismiss on various grounds, both procedural and substantive. While that motion was pending, the case settled with a buyout on favorable terms.
• We represented a European telecommunications company that was sued in New York for $100 million in damages for breach of a contract it had entered into with an American company. We successfully moved to have the case dismissed on grounds of lack of personal jurisdiction and forum non conveniens, and the dismissal was sustained on appeal. The plaintiff had argued that the presence of our client's subsidiary in New York provided sufficient basis for jurisdiction.
• We obtained a multi-dollar settlement on behalf of an international investor client in a fraud and duress case arising out of a $100 million Cayman Trust. This complex case involved discovery and legal proceedings in Grand Cayman, Houston, Geneva, Beirut, London and Paris.
• Members of the firm represented a minority shareholder of a large lumber company in the prosecution of receivership, defamation and breach of fiduciary duty claims involving plant shutdowns and death threats. They obtained a multi-million dollar settlement after two weeks of a jury trial.
• Members of the firm represented the American CEO and CFO of a large, Saudi Arabian rice processing facility against claims by the company for breach of fiduciary duty. They obtained a defense settlement and sanctions against the plaintiff.
• Members of the firm represented large industrial laundry concerns in the prosecution of their civil conspiracy and fiduciary fraud claims involving 17 different entities and 15 years of complex financial transactions. They obtained a seven figure settlement for the benefit of the client.
• We are representing a major Illinois-based company in the defense of an action commenced in Canada by a competing Canadian paper products corporation. The case involves claims for breach of contract, intentional interference with economic relations, breach of fiduciary duty and breach of confidentiality, for which the plaintiff is seeking several million dollars in damages.
• We are representing a major Venezuelan pharmaceutical company in a multi-million warranty claim in Canada against the manufacturer of equipment used to make pharmaceutical capsules.
• We are representing a major electronics manufacturer as the victim of a fraud perpetrated by one of its authorized service providers over a period of years. Emergency orders and injunctions were sought on behalf of our client, following which the defendants immediately repaid the entirety of our client's damages, plus all of their legal fees.
• We have been retained in relation to a multi-million dollar action in Canada involving a breach of a promissory note and guarantee as well as a breach of contract claim arising out of a failed world cruise. The case has spawned three bankruptcy proceedings and the principal of the corporate defendants has been charged under legislation regulating the travel industry.