dcsimg Commercial Litigation

Commercial Litigation

When company resources and reputations are at stake, clients count on McGuireWoods for help unraveling even the most complex financial structures, strategic transactions and business relationships. At 250 lawyers strong – many of them first-chair trial attorneys – our commercial litigation team has the bench strength to litigate and defend our clients’ interests in domestic and cross-border commercial matters in courtrooms and tribunals around the world. We bring innovation and a relentlessly business-minded focus in providing cost-effective, efficient solutions that further our clients’ business goals.

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 all types of business disputes, and have developed particular strengths in handling complex commercial litigation, financial services litigation, insurance coverage litigation, and securities litigation.

Even in the current corporate environment where the pool for outside counsel work is shrinking and fewer firms are trusted to handle bet-the-company litigation, McGuireWoods’ prominence continues to grow. According to the newly released BTI Litigation Outlook, our commercial litigators garner respect from high-level legal decision-makers at some of America’s most respected companies, winning commendation specifically in the categories of Complex Commercial Litigation, Routine Commercial Litigation, and Securities and Finance Litigation.

Additional independent ratings publications such as Chambers USA and Chambers UK have also listed our practice and individual lawyers among the top practitioners. U.S. News-Best Lawyers in America 2015 recognized McGuireWoods litigators in more than 70 commercial litigation categories, including commercial litigation, bet-the-company, securities litigation, litigation-construction, and banking and finance litigation – with several singled out for individual recognition as “Lawyers of the Year.”

The bottom line for us, however, is individualized client service – advocating our clients’ interests aggressively yet flexibly, pursuing the strategy that best aligns with their business priorities. Our litigation management approach is based on a simple principle: 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 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 an array of litigation support technologies such as secured extranets, document-management databases, national document discovery management expertise, and advanced deposition and trial support software.

Effective litigation strategies can help improve a company’s bottom line, but we recognize that resources 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 planning and projected expenses are closely aligned with our clients’ objectives and internal structures. Regular reporting and open lines of communication ensure that our clients have a clear view of the status and critical developments in their disputes at every step. We also work to identify and forecast trends so that we can work with clients to avoid risk and potential litigation.

CONTACTS

Jonathan P. Harmon Partner T: +1 804 775 4712
Leonard J. Marsico Partner T: +1 412 667 7987
Bradley R. Kutrow Partner T: +1 704 343 2049
Results 1-20 of 86
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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

Our client sued for monies owed on diesel fuel deliveries

Our client sued for monies owed on diesel fuel deliveries in the Southern District of New York (White Plains). After extensive briefing and discovery, our client was awarded the full amount of its claim, and defendant’s counterclaims were dismissed without prejudice.
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

Secured precedent setting class certification opinion in 4th Circuit

EQT Production Co. v. Adair, 764 F.3d 347 (4th Cir. 2014). Obtained favorable appellate ruling for our gas company client and two co-defendants vacating certification of five classes related to coalbed methane (CBM) gas royalty litigation. In its opinion, the court analyzed Rule 23 requirements and definitively placed the burden first on plaintiffs to meet those requirements and then on the district court to analyze them robustly. In this precedent-setting opinion, the court focused on the ascertainability and commonality prongs of Rule 23 analysis.
Representative Matter

Developer, owner of clean energy projects

Represented a developer/owner of two landfill gas fired projects in Rhode Island and California.
Representative Matter

Virginia city

McGuireWoods represented a Virginia city against Monell claims of unconstitutional policies, practices and procedures, and inadequate training and supervision, which allegedly led to a man’s wrongful conviction for murder and 22 years of incarceration before the conviction was vacated in a Federal habeas proceeding.
Representative Matter

Coal mining company

Representation of a coal mining company in a class action on behalf of all electric rate payers in an energy cooperative claiming that increased rates resulted from the client’s alleged breach of coal supply agreements. The court granted the motion to dismiss with prejudice, holding that the plaintiff had no legally cognizable interest in the contract between our client and the energy cooperative.
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

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

Regional agricultural supply cooperative

Successfully represented a regional agricultural supply cooperative in the defense of allegations that its directors committed ultra vires and oppressive acts against the plaintiff.
Representative Matter

Multinational elevator maintenance company

Representation of a multinational elevator maintenance company against a former, long-term employee—an elevator maintenance and repairman—who alleged that the company violated the Americans with Disabilities Act, the New York State Human Rights Law, and the New York City Human Rights Law by terminating his employment. The plaintiff further alleged that his supervisor affirmatively engaged in and assisted the discrimination and was therefore liable as an aider and abettor. The Court granted the defendants' motion for summary judgment and dismissed the case.
Representative Matter

Fortune 500 gas and electric utility subsidiary

Representation of a Fortune 500 gas and electric utility subsidiary in negotiations with the EEOC concerning allegations that the company insisted that certain employees sign general release agreements that contained provisions that allegedly violated Title VII.
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.
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. The court dismissed the claims because plaintiffs did not show that all reasonable experts agree on their claims.
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

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

Methadone clinic

After a six-day bench trial, we persuaded the federal court that an ordinance restricting where medical clinics like our client could locate was unconstitutional. After the 3rd Circuit affirmed in a 25-page opinion, the district court awarded McGuireWoods its attorneys’ fees, which McGuireWoods donated to the Public Interest Law Center of Philadelphia.
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.
Results 1-20 of 86
Results 1-25 of 276
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Kenneth W Abrams Kenneth W. Abrams
Associate
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

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
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

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
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

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
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
Helen Arnold Helen D. Arnold
Associate
77 West Wacker Drive
Suite 4100
Chicago, IL 60601-1818

T: +1 312 849 8286
F: +1 312 698 4595
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
Terrence M Bagley Terrence M. Bagley
Partner
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

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 4589
vCard
John S Barr John S. Barr
Counsel
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

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
Counsel
1345 Avenue of the Americas
7th Floor
New York, NY 10105-0106

T: +1 212 548 7004
F: +1 212 715 2319
vCard
Thomas M Beshere Thomas M. Beshere
Counsel
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

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
Robert Bittman Robert J. Bittman
Partner
2001 K Street N.W.
Suite 400
Washington, DC 20006-1040

T: +1 202 857 2472
F: +1 202 828 2962
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
William J Boddy William J. Boddy
Associate - Solicitor Advocate
11 Pilgrim Street
London EC4V 6RN
United Kingdom

T: +44 20 7632 1625
F: +44 20 7632 1638
vCard
J. William Boland J. William Boland
Partner
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

T: +1 804 775 4374
F: +1 804 698 2015
vCard
Ginnie Bondurant S. Virginia Bondurant
Associate
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

T: +1 804 775 1414
F: +1 804 698 2192
vCard
Brady_Michael Michael H. Brady
Counsel
Gateway Plaza
800 East Canal Street
Richmond, VA 23219-3916

T: +1 804 775 4327
F: +1 804 698 2302
vCard
Results 1-19 of 19
Speaking Engagement

FDLI Enforcement, Litigation, and Compliance

December 9-10, 2015
Washington, DC
Event

7th Annual Medical Device and Life Sciences Conference

November 19, 2015
Chicago, IL
Event

The Evolution of eDiscovery and Upcoming Changes to the Federal Rules

October 22, 2015
Complimentary Webinar
Speaking Engagement

Privilege and Work Product Protection: Educating Management and Employees

July 22, 2015
Complimentary Webinar
Event

TCPA Impacts the Healthcare Industry

July 21, 2015
Complimentary Webinar
Speaking Engagement

Applying the Plausibility Pleading Standard

April 1, 2015
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
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
Event

4th Annual Medical Device and Life Sciences Conference

Innovation, Investing and Regulatory Issues

November 8, 2012
Chicago, IL
Results 1-19 of 19
Results 1-20 of 40
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Article

Threading is the New Global De-Duplication

Today's General Counsel
August/September 2015
Legal Alert

What You Need to Know About .Sucks Domain Names

McGuireWoods Consulting LLC
June 17, 2015
Legal Alert

Texas Rule of Civil Procedure 91a

Prevalence and Practicality Two Years Later

April 30, 2015
Results 1-20 of 40