Complex Commercial Litigation

Our lawyers have won headline-making commercial cases involving breach of contract, commercial fraud and racketeering, and breach of fiduciary duty.

Clients—including many of the largest companies in the world—rely on us for their most complex commercial disputes.  Our work includes business-to-business and consumer-to-business disputes in areas such as:

  • Breach of contract
  • Civil racketeering (RICO)
  • Class action and multi-district litigation
  • Commercial fraud
  • Complex cross-border disputes
  • Defamation and First Amendment cases
  • Employment-related disputes involving management and personnel
  • Fiduciary duties of officers and directors
  • Investment disputes
  • Merger and acquisition disputes

We are often brought in to take over cases after other, larger firms are unsuccessful at securing dismissal at the pleadings stage and have considerable experience and expertise handling late-stage discovery and trying cases originally handled by other law firms.  As a firm with a strong and deep appellate bench, we also frequently serve as appellate counsel in cases handled below by other law firms.

We frequently advise officers and directors on their fiduciary and other legal duties and help guide them through challenges such as bankruptcy, mergers and acquisitions, and bet-the-company litigation; we defend them from suit when their decisions are challenged, as well.  We also often work as co-counsel with other, larger firms on particularly complex disputes involving overlapping interests—such as where one firm represents a company and another represents its officers and directors.

Our lawyers have handled—and won—cases that have generated national headlines.  Recent examples include:

  • Defending the senior leadership of McKinsey & Co. from allegations of civil racketeering and fraud in a lawsuit brought by competitor Jay Alix.  We successfully secured a dismissal of the case with prejudice and are currently defending it on appeal to the Second Circuit.  Alix v. McKinsey & Co., et al., 404 F. Supp. 3d 827 (S.D.N.Y. 2019).  Read coverage by the New York Times and Wall Street Journal.
  • Defending a prominent hospital and its corporate affiliates, officers, and directors in a case brought by a limited partner alleging breach of contract, breach of fiduciary duty, and related claims.  The court recently dismissed nearly all claims at the motion-to-dismiss stage, leaving only a portion of one claim asserted against a single defendant.  George Washington University, et al. v. Universal Health Services. Inc., et al., No. 2019 CA 008019 B (D.C. Super. Ct.).
  • Defending a publicly-traded physician specialist network in a $160 million commercial fraud case brought by a large commercial insurer relating to NICU patient billing. Our firm was brought in to litigate the case after a large national law firm was unsuccessful at the motion to dismiss stage.  The case remains pending.  Aetna, Inc. v. Mednax, Inc., et al., No. 18-cv-02217 (E.D. Pa.).
  • Representing defendant bank and its senior officers in a lawsuit alleging breach of contract and other claims arising out of a canceled wire transfer from the State of California to an entity that had claimed it could supply the State with 100 million N95 respirator masks.   Blue Flame Medical LLC v. Chain Bridge Bank, N.A., No. 1:20-cv-00658 (E.D. Va.).
  • Representing multiple Educational Broadband Service (EBS) nonprofits in a lawsuit filed against T-Mobile asserting wrongful misappropriation of radio spectrum. Chicago Instr. Technology Found. et al., v. Clearwire Spectrum Holdings II LLC, et al., 1:20-cv-10998-MLW (D. Mass.).
  • Defending an affiliate of Sony Corporation in a lawsuit addressing unjust enrichment in connection with the sale of the Playstation Vita console in Russia. We secured a dismissal of the case and will be defending it on appeal to the D.C. Circuit.  Pilkin v. Sony Interactive Entm’t, LLC, No. CV 17-2501 (RDM), 2019 WL 224145 (D.D.C. Jan. 16, 2019).
  • Defending the independent directors of a publicly traded investment fund in an action seeking more than $1 billion in damages for alleged breaches of fiduciary duty.  After a lengthy trial, the Royal Court of Guernsey issued a verdict for the defendants on all counts, which was affirmed by the Guernsey Court of Appeal.  Carlyle Capital Corporation Ltd. v. William Elias Conway Jr. et al., Civ. No. 1510 (Royal Court of Guernsey).
  • Defending the board of directors of Las Vegas Sands Corp. in state and federal shareholder-derivative suits alleging violations of the Foreign Corrupt Practices Act in Macau, China. After extensive motion to dismiss briefing, we secured a full dismissal of the lead state and federal derivative cases.  Kohanim v. Adelson, et al. (No. A-11-636656-B, Nev.); Moradi, et al. v. Adelson, et al. (No. 2:11-CV-490, D. Nev.).
  • Representing the former owner of the Watergate Office Building in a negligence action arising from the May 2015 collapse of the parking garage at the Watergate Complex. Greenpenz 2600 Virginia Avenue LLC v. Euro Capital Properties LLC et al., 2016 CA 7101 B (D.C. Super. Ct).
  • Defending Las Vegas Sands Corp. in a series of breach-of-contract lawsuits concerning the company’s entry into a foreign gaming market. All cases were dismissed by the court prior to discovery or settled on favorable terms.  Clive Bassett Jones et al. v. Las Vegas Sands, LLC et al., No. A516404 (Nev.); Round Square Co. Ltd. v. Las Vegas Sands Corp., No. A493744 (Nev.); Asian American Entertainment Corp., Ltd. v. Las Vegas Sands Corp., et al., No. 2:14-cv-001124 (D. Nev.).