winning strategies

Commercial Litigation


No business welcomes conflict, but when disputes do arise, trying – and winning – cases is in our DNA. More than 75 attorneys in our Commercial Litigation Group represent clients in cases involving complex commercial disputes, the UCC, business torts, and virtually any other business conflict. We handle cases ranging from billion dollar disputes to matters of principle.

The skill, experience, and judgment that our attorneys bring to trials also make our Group highly effective in winning dismissals and summary judgments, obtaining favorable settlements, and finding creative solutions for matters of all sizes and degrees of complexity.

We try dozens of cases each year before judges, juries, and arbitrators, and our successes have been noted. U.S. News – Best Lawyers ranked us as a Tier 1 firm for our Commercial Litigation practice.

Litigation can produce an astonishing number of documents – email messages, word processing files, spreadsheets, legal agreements, memos – as an ever greater number of computer users leave an endlessly expanding trail of electronic records. And improved storage capacity means those records may well be kept indefinitely. LegalMine™, our e-discovery service, offers our clients a powerful tool to review huge amounts of documents efficiently, thoroughly, and accurately. This is a critical in-house tool – and an advantage we have over many of our competitors – through which we help our clients effectively manage costs.

Global Reach + -


Representative Matters
Whether a case involves a courtroom or arbitration, our Commercial Litigation group can represent clients on a cost-effective basis. A small sample of the hundreds of cases we have handled includes:

  • Alaska Interstate Construction, LLC v. Pacific Diversified Investments, Inc. 279 P. 3d 1156 (Alaska 2012). We obtained appellate victory directing trial court to award treble damages under Alaska’s unfair trade practices act, resulting in a $22.5 million judgment in favor of our client.
  • Amar, et al. v. Canon U.S.A., Inc., No 2:08 Civ 04329 (E.D.N.Y. 2011). We acted as lead defense counsel to defendant business equipment distributor in a putative nationwide class action alleging race discrimination case related to the assignment of sales territories and customer accounts. Case dismissed.
  • EShops Corp. v. U.S. Bank National Association 678 F. 3d 659 (8th Cir. 2012). Defended bank in putative class action by merchants who had suffered chargebacks. Case dismissed with prejudice.
  • In2 Networks, Inc. v. Honeywell International Inc, 2011 WL 4842557 (D. Utah 2011). Secured dismissal of antitrust claims against defendant.
  • Northwest Airlines, Inc. v. Phillips, 675 F.3d 1126 (8th Cir. 2012) Obtained appellate decision affirming summary judgment against defendant class of 2,500 airline pilots declaring that post-bankruptcy benefit plan was not age discriminatory under the ADEA, ERISA, or state laws.
  • National Meat Association v. Harris 132 S. Ct. 965 (Jan. 23, 2012, appeal after remand dismissed, File No. 12-17705 (9th Cir. July 29, 2013). We acted as counsel of record for, and argued on behalf of, petitioner in a preemption case involving the Federal Meat Inspection Act. In a unanimous decision, the Supreme Court reversed the Ninth Circuit and struck down all of the provisions of California law challenged by our client.
  • Paulucci v. Paulucci 4th Judicial District, Minnesota, 2008. We successfully represented trustees accused of negligence and malpractice. All of plaintiff’s claims were dismissed, and we received an award of attorney’s fees.
  • Pfau v. Mortenson 858 F. Supp. 2d 1150 (D. Mont. 2012), affd, --Fed Appx --, 2013 WL 5545801 (9th Cir. 2013). Won dismissal of putative class action alleging RICO, fraud, breach of contract and other claims by putative class of plaintiffs allegedly misled into purchasing books that were not true works of nonfiction. Dismissal confirmed on appeal.
  • Reilly et al. v. Ceridian Corporation, 664 F.3d 388 (3rd Cir. 2012). Lead counsel for defendant in putative class action alleging claims based on data security breach; all claims dismissed with prejudice.
  • Rocky Mountain Biologicals v. Irvine Scientific Sales Company 2013 WL (D. Mont. 2013). Obtained summary judgment ruling that the purchaser of a business that asserts its contractual noncompetition rights with the seller of the business cannot be sued for tortious interference by a frustrated potential purchaser of competing products from the seller.
  • Seijas v. Republic of Argentina and Banco de la Nación Argentina 2012 WL 5259030 (2d Cir. 2012). Obtained dismissal, under Foreign Sovereign Immunities Act, of claims against Argentine bank; dismissal affirmed on appeal.  



Jonathan Herman
Practice Group Co-Chair
Michael Lindsay
Practice Group Co-Chair

Industries & Practices

International Arbitration & Litigation
Securities & Financial Services Litigation & Enforcement
  • Antitrust & Competition Law
  • Appellate
  • Class Action Litigation
  • Construction Litigation
  • ERISA Litigation
  • Healthcare Litigation
  • Intellectual Property Litigation
  • International Arbitration & Litigation
  • LegalMine Document Review Solutions
  • Products Liability
  • Securities & Financial Services Litigation & Enforcement
  • Trusts & Estates Litigation