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 2014 edition of its BTI Litigation Outlook. Independent ratings publications such asChambers 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 206
Show All

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

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 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

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

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

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.
Representative Matter

International steel conglomerate

Defense of international steel conglomerate against claim brought by consultant who provided services related to the $600 million acquisition of a metallurgical coal company. The consultant alleged breach of an oral agreement to pay him a commission on the sale of nearly $10million. Summary judgment is pending.
Representative Matter

Estae administrator

Prosecute wrongful death case against tractor trailer driver who killed wrecker operator in work zone. Tractor trailer driver was overlength and overtime and failed to obtain the required post accident alcohol test.
Representative Matter

Confidential

Defense of a young man who had been sentenced as adult for a lengthy prison term for a crime he committed as a juvenile, shooting two men in a robbery attempt at age 15. Following his conviction as an adult, he generally turned his life around, becoming an honor student, ROTC leader, detention center president and successful food services apprentice. Firm secured an early release – four years early. The young man has subsequently relocated to Charlottesville, gained admission to college and secured employment as a manager in a local restaurant.
Representative Matter

Media group

Representation of media group in the wind-down of its operations following the sale of the majority of its assets to various purchasers. Relationship began as emergency response to a court order freezing company assets and continued as general assistance including negotiations with trade vendors, landlords, and subtenants.
Representative Matter

A regional agricultural supply cooperative

Representation of a regional agricultural supply cooperative and its individual Board of Directors in a breach of fiduciary duty, ultra vires action and shareholder oppression case after the client designated that plaintiff, a member company, was a “Member Not in Good Standing” under its Base Capital Plan, thus withholding over $3.5 million in payments under patronage stock. The member company also complains that they are being refused the right to nominate candidates for the Board. The case raises interesting issues regarding Board discretion and shareholder rights, among others. We have filed a motion to dismiss and are awaiting a hearing date.
Representative Matter

Fortune 100 financial institution

Representation of a Fortune 100 financial institution against potential claims stemming from a deposit account relationship with an individual accused of embezzeling over $5 million made by an individual from her employer spanning over a decade.
Representative Matter

Real estate company that invests in, develops, acquires, and manages multi-family residential properties

Representation of eeal estate company that invests in, develops, acquires, and manages multifamily residential properties as defendant in fradulent transfer action brought by a trustee of American Housing Foundation. We successfully negotiated a fair settlement and avoided trial.
Results 1-20 of 206
Results 1-25 of 265
Show All
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
Steven N Baker Steven N. Baker
Associate
201 North Tryon Street
Suite 3000
Charlotte, NC 28202-2146

T: +1 704 343 2262
F: +1 704 353 6172
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
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

T: +1 202 857 2400
F: +1 202 828 2981
vCard
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 1-4 of 4
Speaking Engagement

Toxic Tort Issues Related to Spray Polyurethane

November 26, 2013
International Association of Defense Counsel Webinar
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
Results 1-4 of 4
Results 1-12 of 12
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 1-12 of 12