dcsimg Commercial Litigation

Commercial Litigation

The McGuireWoods commercial litigation team brings innovation and determination to provide consistent results for our clients. We number more than 400 practitioners located across the United States and Europe. Many of our partners are first-chair trial lawyers prepared to help clients resolve even the most complex disputes. As McGuireWoods is a member of Lex Mundi and LNI, two of the world’s leading global networks of independent law firms, we help clients extend their reach into jurisdictions in more than 160 countries. Taken together, we can help clients litigate and defend domestic and cross-border commercial matters in courtrooms and tribunals around the world.

When the reputation and resources of the company are at stake, our clients know that we have deep experience unraveling even the most complex financial structures, strategic transactions and business arrangements. Clients also know that we have the bench strength to handle large volumes of claims in an efficient, cost-effective manner and with an emphasis on quality service. Based on client interviews and research, BTI Consulting Group has listed our commercial litigation team on the honor roll in the 2015 edition of its BTI Litigation Outlook. Independent ratings publications such as Chambers USA and Chambers UK  have listed our practice and individual lawyers among the top practitioners, and U.S. News-Best Lawyers in America 2014 includes almost 40 of our commercial litigators, including nearly a half-dozen named as “Lawyers of the Year.”

We represent the full range of business clients—from emerging companies to multinational Fortune 100 corporations—operating in virtually every sector of the global economy. We provide counsel on the full range of business disputes, and have developed particular strengths in the areas of complex commercial services, financial services litigation, insurance litigation and securities litigation.

Our litigation management approach is based on a simple idea: we help clients achieve their business goals—through counseling, alternative dispute resolution and negotiated settlements or fully dedicated trial teams to provide aggressive, creative representation before judges, juries and administrative panels. To address complex, sector-specific issues, we quickly assemble and deploy multidisciplinary teams from appropriate firm practice and industry groups.

Litigation today is a data-driven and resource-intense effort. We use business best practices such as process reengineering to constantly improve our services while minimizing costs and turnaround time. To effectively handle high-volume, multijurisdictional litigation, we have implemented a broad range of litigation-support technologies such as secured extranets, document-management databases, national document discovery management services, and advanced deposition and trial management software.

Effective litigation can help improve a company’s bottom line, but we recognize that dollars allocated to dispute resolution are finite. Drawing on our long history of developing and managing litigation budgets, we work cooperatively with in-house counsel and senior executives to ensure that litigation strategies and estimated expenses are closely aligned with our clients’ objectives and internal structures. Providing regular reports and maintaining open lines of communication ensure that our clients have a clear view of our engagement status at every step.

CONTACTS

J. William Boland Partner T: +1 804 775 4374
Leonard J. Marsico Partner T: +1 412 667 7987
Bradley R. Kutrow Partner T: +1 704 343 2049
Results 1-20 of 216
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RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. PRIOR RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR OUTCOME.

Representative Matter

One of the largest producers and transporters of energy in the United States

Representation of multiple defendants including one of the largest producers and transporters of energy in the United States in a high-profile nuisance suit in federal district court in Mississippi asserting that the defendants’ air emissions are contributing to global warming.
Representative Matter

Coalition of amici

Pro-bono representation of coalition of amici in support of appellants National Review and Competitive Enterprise Institute in defamation case where a climatologist alleged that appellants defamed him in wake of Climategate scandal. The lower court denied special motion to dismiss under DC’s anti-SLAPP Act.
Representative Matter

Healthcare provider at a women's prison

Representation of a healthcare provider at a women's prison in a putative class action on claim for declaratory/injunctive relief under § 1983 alleging a violation of the Eighth Amendment. Inmate plaintiffs allege that client failed to provide the inmates with a Constitutional level of medical care.
Representative Matter

Regional medical center

Representation of a regional medical center in obtaining a complete dismissal, with prejudice, of wrongful death and medical malpractice claims against the client and a number of its doctors. The claims, brought pro se by the decedent’s surviving children, alleged negligence in the provision of emergency and other care to their then-84-year-old mother. After a hearing the judge dismissed the claims.
Representative Matter

World-class academic and healthcare system

Representation of a world-class academic and healthcare system in obtaining the dismissal of a professional negligence case. Plaintiff was forced to take a voluntary dismissal due to discovery issues and an imminent motion for summary judgment. Plaintiff refiled the case, but had a number of deficiencies in the complaint. Defendants filed a motion to dismiss the refiled complaint. Trial court agreed and dismissed plaintiff’s refiled lawsuit and taxed defendants’ costs to plaintiff. Plaintiff has filed a notice of appeal.
Representative Matter

National specialty retailer

Representation of a national specialty retailer in a series of consumer fraud actions filed against it in connection with their marketing and sale of dietary supplements containing glucosamine and chondroitin sulfate. The judicial panel on multidistrict litigation ultimately transferred these cases for consolidated proceedings. The plaintiffs then filed a consolidated amended complaint, which we moved to dismiss. The judge entered an order dismissing the claims because plaintiffs did not show that all reasonable experts agree that studies on patients with osteoarthritis are a proxy for measuring the effectiveness of glucosamine and chondroitin in non-arthritic users.
Representative Matter

Fortune 200 bank

Representation of a Fortune 200 bank in connection with investigations by the United States Department of Justice and Comptroller of the Currency related to alleged violations of the Servicemembers Civil Relief Act.  Negotiated Consent Orders with both agencies and continue to assist the bank in fulfilling the associated remediation requirements under the Consent Orders.
Representative Matter

The Official Committee of Unsecured Creditors of a mobile marketing company

Serving as counsel to the UCC for six bankruptcy cases pending in Delaware.
Representative Matter

Fortune 500 gas and electric utility

Representation of a Fortune 500 gas and electric utility in a condemnation matter in which client sought order confirming right to exercise eminent domain authority and preliminary injunctive relief for immediate possession of easements necessary for construction of natural gas pipeline pursuant to authority under the Natural Gas Act. This was a case of first impression in Maryland.
Representative Matter

Regional agricultural supply cooperative

Representation of a regional agricultural supply cooperative in the defense of allegations that our client and the individual members of its board of directors committed ultra vires and oppressive acts against the plaintiff by refusing to redeem shares of stock held by plaintiff and by prohibiting them from participating in Zone Caucus meetings that resulted in the nomination board candidates. Received partial summary judgment.
Representative Matter

Fortune 100 financial institution

Representation of a Fortune 100 financial institution in connection with urgent and significant bankruptcy and foreclosure litigation across the country involving the institution's role as servicer for consumer mortgage loans.  
Representative Matter

Fortune 200 bank

Representation of a Fortune 200 bank in the defense of a class action alleging violation of state consumer finance statute and breach of contract based on same violation. Plaintiff alleges that defendant violated Maryland’s Credit Grantor Closed End Credit provisions (“CLEC”) by failing to provide borrowers with the appropriate post-repossession sale notice.
Representative Matter

Owner of a steel plant in Sheppey, Kent

Representation of the owner of a steel plant in Sheppey, Kent in defeating an injunction application brought in the London High Court by the landlord of the steel plant site. The injunction was intended to prevent client from selling off at auction certain wheeled assets and equipment that was surplus to its requirements, and the injunction would have caused the client a severe cash flow crisis had it been successful.
Representative Matter

Methadone clinic

Pro bono representation of a methadone clinic that had been essentially zoned out of the City of DuBois by a newly-enacted zoning ordinance. After a six-day federal trial, we invalidated the city zoning ordinance under the Equal Protection Clause of the United States Constitution, won a six-figure judgment, and obtained attorney’s fees for the clinic. However, the district court did not award the clinic its lost profits because it believed that the clinic could have mitigated its damages by locating where the city unconstitutionally zoned it. McGuireWoods appealed this determination to the U.S. Court of Appeals for the Third Circuit. The case was briefed and argued, and appeals court issued a 2-1 decision upholding the district court’s determination. McGuireWoods is considering filing a writ of certiorari to the U.S. Supreme Court.
Representative Matter

Higher-education institution

Representation of higher-education institution in a defamation suit. The plaintiff, a former basketball coach, sued for defamation in connection with his separation from the institution. The court dismissed the suit on demurrer. The coach sought an appeal to the Virginia Supreme Court, which denied the writ of appeal.
Representative Matter

Natural gas and oil company

Representation of a natural gas and oil company in a breach of contract and promissory estoppel case. Plaintiff alleged that client offered to enter into an oil and gas lease with plaintiff, plaintiff accepted the offer, and client later refused to enter into the lease. The alleged lease bonus payment was well above the going rate for bonuses. McGuireWoods' attorneys deposed former plaintiffs’ counsel, plaintiff, and a third-party. After uncovering detrimental facts to plaintiff’s case in these depositions, plaintiff agreed to immediately discontinue the lawsuit.
Representative Matter

Servicer, investor and nominee

Representation of a servicer, investor, and nominee in defending the plaintiff’s challenge of the foreclosure, and specifically whether there was authority to appoint the foreclosing substitute trustee. The Fairfax County, Va. Circuit Court found in our clients’ favor after an evidentiary hearing on a plea in bar, and the plaintiff appealed. The Virginia Supreme Court denied the plaintiff’s petition for appeal after oral argument, and also denied the plaintiff’s petition for reconsideration.
Representative Matter

Private equity firm

Representation of private equity firm to resolve a dispute of the ownership of intellectual property for air-to-ground Wi-Fi technology.
Representative Matter

Franchise owner

Pro bono representation of a franchise owner before the Supreme Court of Virginia, winning an appellate argument concerning two issues related to business litigation. The issues on appeal were whether a claim for tortious interference with a contract could be a predicate unlawful act for purposes of pleading a violation of Virginia Code §§ 18.2-499, 500, also known as the Virginia Business Conspiracy Act; and the applicable statute of limitations governing a claim for tortious interference with a contract. The court issued its opinion, siding with McGuireWoods on each of the two issues.
Representative Matter

A national specialty retailer

Representation of a national specialty retailer in several consumer class actions. Granted a motion to consolidate the matters before the Judicial Panel on Multidistrict Litigation.
Results 1-20 of 216
Results 1-25 of 267
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Kenneth W Abrams Kenneth W. Abrams
Associate
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4771
F: +1 757 640 3950
vCard
Amanda Abshire Amanda West Abshire
Associate
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2196
F: +1 704 444 8764
vCard
John D Adams John D. Adams
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

T: +1 804 775 4744
F: +1 804 698 2061
vCard

T:+1 202 857 2927
F: +1 202 857 1737

David Addison David D. Addison Jr.
Attorney
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1971
F: +1 804 775 1061
vCard
Tammy L Adkins Tammy L. Adkins
Counsel
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 750 5727
F: +1 312 920 6193
vCard
Kristina M Allen Kristina M. Allen
Associate
1345 Avenue of the Americas
7th Floor
New York, NY 10105-0106

T: +1 212 548 2164
F: +1 212 715 6262
vCard
Stephen David Allred Stephen David Allred
Counsel
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2214
F: +1 704 444 8702
vCard
John Huske Anderson Jr. John Huske Anderson Jr.
Partner
300 North Third Street
Suite 320
Wilmington, NC 28401-4099

T: +1 910 254 3828
F: +1 910 254 3900
vCard
Franklin D Annand Franklin D. Annand
Associate
2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

T: +1 202 857 1755
F: +1 202 857 2959
vCard
Andrew Atkins Andrew D. Atkins
Associate
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2324
F: +1 704 444 8765
vCard
E. Osborne Ayscue Jr. E. Osborne Ayscue Jr.
Counsel
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2058
F: +1 704 343 2300
vCard
Terrence M Bagley Terrence M. Bagley
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4371
F: +1 804 698 2008
vCard
Sarah H Barcellona Sarah H. Barcellona
Attorney
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2036
F: +1 704 444 8830
vCard
Brett Barnett Brett W. Barnett
Associate
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 849 8123
F: +1 312 698 4538
vCard
John S Barr John S. Barr
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4709
F: +1 804 698 2238
vCard
George J Barry III George J. Barry III
Partner
Promenade
1230 Peachtree Street, N.E.
Suite 2100
Atlanta, GA 30309-3534

T: +1 404 443 5734
F: +1 404 443 5753
vCard
R. R. Locke Beatty R. Locke Beatty
Associate
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2244
F: +1 704 353 6160
vCard
Marshall Beil Marshall Beil
Partner
1345 Avenue of the Americas
7th Floor
New York, NY 10105-0106

T: +1 212 548 7004
F: +1 212 715 2319
vCard
Elizabeth Laningham Bellamy Elizabeth Laningham Bellamy
Associate
JPMorgan Chase Tower
600 Travis Street
Suite 7500
Houston, TX 77002-2906

T: +1 713 353 6694
F: +1 713 571 9652
vCard
Maurice A Bellan Maurice A. Bellan
Partner
2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

7 Saint Paul Street
Suite 1000
Baltimore, MD 21202-1671

T: +1 202 857 2400
F: +1 202 828 2981
vCard

T:+1 410 659 4438
F: +1 410 659 4599

Thomas M Beshere Thomas M. Beshere
Counsel
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1004
F: +1 804 698 2193
vCard
Eric Bilik R. Eric Bilik
Partner
Bank of America Tower
50 North Laura Street
Suite 3300
Jacksonville, FL 32202-3661

T: +1 904 798 2685
F: +1 904 360 6304
vCard
Jonathan T Blank Jonathan T. Blank
Partner
Court Square Building
310 Fourth Street, N.E.
Suite 300
Charlottesville, VA 22902-1288

T: +1 434 977 2509
F: +1 434 980 2258
vCard
Daniel F Blanks Daniel F. Blanks
Partner
Bank of America Tower
50 North Laura Street
Suite 3300
Jacksonville, FL 32202-3661

T: +1 904 798 3235
F: +1 904 360 6309
vCard
William J Boddy William J. Boddy
Associate
11 Pilgrim Street
London EC4V 6RN
United Kingdom

T: +44 20 7632 1625
F: +44 20 7632 1638
vCard
Results 1-12 of 12
Event

6th Annual Medical Device and Life Sciences Conference

November 18, 2014
Chicago, IL
Speaking Engagement

The 3rd Annual European Offshore Alert Financial Intelligence & Investigations Conference

Litigation Funding: A Look At The Industry

November 10, 2014
London
England
Event

10 Key Concepts and Recent Developments in False Claims Litigation

October 1, 2014
Complimentary Webinar
Event

Healthcare Litigation Conference

May 29, 2014
Richmond, VA
Speaking Engagement

Toxic Tort Issues Related to Spray Polyurethane

November 26, 2013
International Association of Defense Counsel Webinar
Speaking Engagement

Law 101: Health Law

Health Law Institute Career Panel and IAHA Info Session

October 30, 2013
Chicago, IL
Event

U.S. Supreme Court Review and Preview

September 5, 2013
Live and simulcast as webinar
Speaking Engagement

90 Days before Trial: Preparation Skills

May 30, 2013
Speaking Engagement

Fifth Annual Litigation Funding Conference

Maximising Opportunities in Litigation Funding

May 23, 2013
London
United Kingdom
Event

4th Annual Medical Device and Life Sciences Conference

Innovation, Investing and Regulatory Issues

November 8, 2012
Chicago, IL
Results 1-12 of 12
Results 1-14 of 14
Legal Alert

In re: Restivo Auto Body, Inc.

4th Circuit Rules Executed but Unrecorded Security Interest Has Priority Over IRS Tax Lien

November 17, 2014
Article

Toxic Tort Issues Related to Spray Polyurethane Foam

International Association of Defense Counsel Newsletter
May 2014
Article

The Impact of the May 2013 Montana “Blueprint” on the Sexual Harassment-Related Obligations of Colleges and Universities

NACUANOTES Vol. 11, No. 12
June 14, 2013
Josh D. Whitlock, Meredith E. Green, Amanda West Abshire, published by the National Association of College and University Attorneys
Article

Predictive Coding

Silver Bullet or Pandora's Box?

The Review of Securities & Commodities Regulation
February 6, 2013
Publication

Expert Discovery Issues in State and Federal Court

Where’s the Ballpark and What are the Ground Rules?

Antitrust & Complex Business Dispute News, Antitrust & Complex Business Disputes Law Section of the North Carolina Bar Association
January 2013
Article

Protecting Your Most Valuable Assets

Industrial Distribution
March 2007
Results 1-14 of 14