Litigation & Dispute Resolution

Overview


At McDermott, we help clients reduce the uncertainties associated with dispute resolution. We ensure that clients understand the strategies available to them, the potential costs of pursing those strategies, and the key distinction between short-term victory and long-term success.

Our practice includes many recognized trial lawyers and specialized litigators in the United States, Europe and China (through our strategic alliance with MWE China Law Offices). We advise clients from most industries and have earned a particularly strong reputation for helping major, multinational clients win big-ticket cases. The strength of our lawyers is based on the fundamental principle that excellence in client service mandates deep substantive knowledge in a broad range of industries and areas of the law, and―when required―incomparable ability and success in the courtroom.

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Results


  • Celanese Corporation, a leading producer of chemicals and fibers, with securing a complete defense verdict from a Texas jury. After several weeks of trial, Celanese prevailed on multiple claims for breach of contract and fraud allegations seeking approximately $4 billion in damages. This victory also secured Celanese’s rights under a critical long-term supply agreement for its most important chemical feedstock.
  • Diageo North America, Inc., a global leader in beverage alcohol with iconic brands in spirits, beer and wine, in a distributor dispute that was one of the largest cases of its kind. Plaintiff, Major Brands, Inc., alleged that Diageo had wrongfully terminated Major Brands as Diageo’s distributor in Missouri. After successfully defeating Major Brands’ motion for preliminary injunction, the case was then set for trial on the merits of multiple claims, including novel issues implicated in laws unique to the alcohol industry, with Major Brands seeking in excess of $200 million in damages. The case settled during a lengthy jury trial.
  • Bionol Clearfield LLC, an ethanol plant developer, with obtaining a $230 million arbitration award in its attempt to seek damages from Getty Petroleum Marketing Inc. for failure to make payments under an ethanol “off take” agreement. The panel issued a lengthy written opinion adopting all of McDermott’s legal theories on liability and damages under the Uniform Commercial Code.

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People


A diverse, global network of industry-leading talent committed to you and your vision.

Key Contacts


David S. Rosenbloom

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Steven S. Scholes

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Litigation & Dispute Resolution

Insights & Events / Media

Washington, DC / McDermott Event / November 5, 2019

Moscow, Russia / Speaking Engagements / September 18, 2019

Financier Worldwide Magazine / October 2019

Düsseldorf, Germany / Speaking Engagements / September 18, 2019

Chicago, IL / McDermott Event / September 18 - 19, 2019

On the Subject / August 20, 2019

Healthcare Enforcement Quarterly Roundup / August 15, 2019

Insurance Coverage Law Report / Summer 2019

On the Subject / August 2, 2019

Webinar / Speaking Engagements / July 23, 2019

New York Law Journal / July 12, 2019

Boston, MA / Speaking Engagements / April 30, 2019

Tashkent, Uzbekistan / Speaking Engagements / April 24, 2019

Healthcare Enforcement Quarterly Roundup / April 25, 2019

New York, NY / Speaking Engagements / April 4, 2019

Today’s General Counsel / Spring 2019

United Kingdom / Special Report / March 25, 2019

San Francisco, California / Speaking Engagements / March 1, 2019

On the Subject / February 7, 2019

Healthcare Enforcement Quarterly Roundup / Q4 2018 | January 2019

Chicago Bar Foundation Report / January 2019

International News / Winter 2018

Chicago, Illinois / Speaking Engagements / December 12, 2018

New York, New York / Speaking Engagements / December 5-6, 2018

Compliance & Enforcement / December 4, 2018

Westlaw Journal Bank & Lender Liability / November 26, 2018

ICC Germany Magazin, Issue 7 / November 2018

Chicago, Illinois / Speaking Engagements / November 10, 2018

Brussels, Belgium / Speaking Engagements / October 23, 2018

Singapore, Malaysia / Speaking Engagements / October 15, 2018

Financial Advisor / October 2, 2018

Healthcare Enforcement Quarterly Roundup / Q3 | September 2018

Chicago, Illinois / McDermott Event / September 27, 2018

Boston, MA / Speaking Engagements / September 5, 2018

Virginia Lawyers Weekly / August 21, 2018

Healthcare Enforcement Quarterly Roundup / Q2 | July 2018

Webinar / McDermott Event / July 17, 2018

Toronto, Canada / Speaking Engagements / July 14, 2018

Contrats Concurrence Consommation / June 2018

Webinar / / June 7, 2018

Chicago, Illinois / Speaking Engagements / June 7, 2018

Chicago, Illinois / Speaking Engagements / June 6, 2018

Massachusetts Lawyers Weekly / May 17, 2018

Munich, Germany / Speaking Engagements / May 17, 2018

San Diego, California / Speaking Engagements / May 11, 2018

San Francisco, California / Speaking Engagements / May 4, 2018

Boston, Massachusetts / Speaking Engagements / May 2, 2018

San Diego, California / Speaking Engagements / May 1-4, 2018

Special Report / April 25, 2018

Healthcare Enforcement Quarterly Roundup / Q1 | April 2018

Webinar / McDermott Event / April 17, 2018

Tokyo, Japan / McDermott Event / January 24 - 25, 2018

Global Tax Weekly (Wolters Kluwer) / January 4, 2018

International News / December 2017

Hotel Executive / December 3, 2017

ICC Germany Magazin, Issue 5 / December 2017

Le Magazine des Affaires / November/December 2017

San Francisco, California / Speaking Engagements / November 17, 2017

Boston Herald / November 14, 2017

Ohrid, Macedonia / Speaking Engagements / November 2-3, 2017

Kiev, Ukraine / / November 2, 2017

Today’s General Counsel / Fall 2017

Chicago, Illinois / McDermott Event / October 25, 2017

Los Angeles, California / Speaking Engagements / October 12, 2017

Arlington, Virginia / Speaking Engagements / October 3, 2017

Washington, District of Columbia / Speaking Engagements / September 29-30, 2017

San Francisco, California / Speaking Engagements / September 26-27, 2017

Minsk, Belarus / Speaking Engagements / September 22, 2017

Autonomous Tomorrow / September 22, 2017

Berlin, Germany / Speaking Engagements / September 19, 2017

Chicago, Illinois / Speaking Engagements / September 15, 2017

International News / September 2017

IP Update / August 2017

New York State Bar Association Inside / Spring/Summer 2017

Special Report / August 7, 2017

San Francisco, California / Speaking Engagements / July 2017

Frankfurt, Germany / Speaking Engagements / June 29, 2017

Boston, Massachusetts / Speaking Engagements / June 14, 2017

Food & Drink Magazine / June 14, 2017

Sacramento, California / Speaking Engagements / June 13, 2017

New York, New York / Speaking Engagements / June 9 - 10, 2017

The Florida Bar Journal / June 2017

NZI 2017, Issue 12 / June 2017

Invalidity of a Subordination Agreement (Rangrücktritt) in General Terms ...

Chicago, Illinois / Speaking Engagements / June 7, 2017

Seoul, Korea / McDermott Event / June 1, 2017

Barcelona, Spain / Speaking Engagements / May 22, 2017

Boston, Massachusetts / Speaking Engagements / May 17, 2017

Washington, District of Columbia / Speaking Engagements / May 5-6, 2017

Defense Counsel Journal / April 2017

IP Update / April 2017

Houston, Texas / Speaking Engagements / April 20, 2017

Waltham, Massachusetts / Speaking Engagements / April 20, 2017

Boston, Massachusetts / Speaking Engagements / April 6-8, 2017

Boston, Massachusetts / Speaking Engagements / April 4, 2017

Magazine des Affaires “SPF 120" (France) / March 2017

Frankfurt, Germany / McDermott Event / March 9-10, 2017

Webinar / Speaking Engagements / March 8, 2017

Frankfurt, Germany / McDermott Event / March 6, 2017

Foster City, California / Speaking Engagements / March 3, 2017

New York, New York / Speaking Engagements / January 2017

New York, New York / Speaking Engagements / January 2017

On the Subject / December 2, 2016

Hotel Executive / December 2016

Transaction Advisors / August 2016

Today’s General Counsel / August 2016

The Journal of Private Equity / August 11, 2016

FC&S Legal, The Insurance Coverage Law Information Center / July 21, 2016

Inside Counsel / October 23, 2015

Illinois Institute for Continuing Legal Education Class Actions Handbook 2015 Edition / October 2015

Complex and Multi-District Actions

Warsaw, Poland / Speaking Engagements / May 28 - 29, 2015

Law360 / May 12, 2015

Insurer Considerations On ACA Narrow Exchange Networks

New York Law Journal / April 13, 2015

Getting the Most Out of Deposition Defense

Inside Counsel / April 1, 2015

Practical Considerations to Avoid Challenges to Arbitration Awards (Part 1)

Illinois Institute for Continuing Legal Education's Federal Civil Practice 2015 edition / 2015

Trial of Federal Cases

Special Report / December 10, 2014

ABA Health Law Litigation, Vol. 12, No. 1 / December 9, 2014

ABA Health Law Litigation, Vol. 12, No. 1 / December 9, 2014

Emerging Litigation Threats for Physician Relationships in a Post-ACA World

The Recorder / October 23, 2014

Criticism of Cy Pres Settlements Goes Too Far

Westlaw Journal Entertainment Industry / October 2014

The O’Bannon Decision and the ‘Ancillary Restraints’ Doctrine

On the Subject / September 4, 2014

New England In-House / August 28, 2014

New York Law Journal / August 21, 2014

Summer of Rule Changes in the Commercial Division

LegalTech News / August 15, 2014

LegalTech News / August 15, 2014

On the Subject / August 6, 2014

Donors Forum / August 6, 2014

Betriebs-Berater / July 30, 2014

Apple Flag Ship Store Design Registered as Trademark

Bloomberg BNA's Health Law Reporter / July 10, 2014

The Supreme Court Rules in Hobby Lobby Case that Contraception ...

Der Betrieb, Issue 16 / April 18, 2014

Higher Regional Court Hamm Preserves Insight Into Antitrust Leniency

Forbes / April 14, 2014

Why Federal Agencies Run Amok

New York Law Journal / April 14, 2014

The Not So 'Common' Interest Privilege Applied to M&A Deals

The National Law Journal / April 4, 2014

The Next Big Fight Over Natural Gas Extraction

IADC Committee Newsletter / March 2014

Northwest Inc. v. Ginsberg: Major Changes May Be on the Horizon for ...

Law360 / February 25, 2014

Sponsors Should Update ERISA Plans after High Court Ruling

Décideurs Stratégie Finance et Droit - Risk Management, Assurance & Contentieux / February - March, 2014

Arbitrage International - Classement des meilleurs cabinets d'avocats

Daily Business Review Special Report: Health Care Law / February 19, 2014

Uncertainties in Florida’s Restrictive Covenant Law Pose Obamacare Challenges

Bloomberg BNA Health Insurance Report / February 19, 2014

Restrictive Covenants in Health Care: Are Specialty Groups’ and Staffing Companies’ Most ...

Bloomberg BNA Portfolio / February 4, 2014

The PCAOB Mission: Improving Audit Quality via Enforcement, Standards & Inspections

IBA's Arbitration News, Vol. 19, No.1 / February 2014

The ‘Hot Tub’ Method of Taking Expert Testimony Is Gaining Steam: What ...

The Global Legal Post / January 14, 2014

Deciding on Arbitrability in International Arbitrations

Betriebs-Berater / January 2014

Class Action-Like Lawsuits in Cartel Damages Cases Inadmissible if Plaintiff Lacks Funds ...

Publications / April, 2009

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