The lawyers of our Commercial Litigation group draw on their industry knowledge, efficient project management, business acumen, and ability to take complicated, high-stakes commercial cases to trial to help clients resolve disputes quickly and effectively
We represent transnational, multibillion-dollar corporations as plaintiffs and defendants in commercial litigation. Our clients operate in several sectors of the worldwide economy, from chemicals and health care, to hospitality and financial services. We leverage our industry experience and strong trial skills to provide clients with resolutions to a broad scope of business and commercial disputes, including breach of contract, fraud and securities litigation, as well as licensing and supplier disputes.
In addition to our representation of clients in federal and state courts across the country, we regularly act as lead counsel for clients in appeals in numerous federal and state appellate courts and before the US Supreme Court and state supreme courts.
During early case assessment, we seek to maximize the prospects for a successful outcome by working with our clients to determine the best strategy and method to move forward under the particular circumstances. We have handled thousands of mediations and arbitrations in forums worldwide, as well as mini-trials, summary jury trials and other devices that can also achieve successful 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.
Intelsat, a communications satellite services provider, as its commercial litigation counsel in New York and as ongoing counsel for counseling and representation on myriad commercial issues. The company operates a fleet more than 50 communications satellites, one of the world’s largest fleets of commercial satellites.
The National Football League (NFL) as Illinois counsel in the concussion cases. We represent the NFL in all of the concussion cases filed in Illinois courts. We work closely with NFL national counsel at Paul Weiss on these cases. We handled all aspects of the cases from the time they were filed until the time McDermott successfully removed them to federal court and then moved them to the MDL proceedings.
Orbitz Worldwide as lead national trial counsel in high-stakes tax litigation in more than 140 jurisdictions. At issue are cases of first impression that implicate not only local tax ordinances and statutes, but also important US constitutional issues. The cases also involve cutting-edge issues regarding discrimination against Internet service providers.
An oil company in connection with a highly publicized train derailment in Canada. The derailment resulted in numerous deaths and extensive property and environmental damage. McDermott negotiated a global resolution, which, if approved by courts in Canada and the United States, will end all civil litigation relating to this issue against our client on both sides of the border.
Armando Christian Perez p/k/a Pitbull and other musicians in their successful First Amendment defense securing the dismissal of a right of publicity action brought by actress Lindsay Lohan under New York law for the mention of her name in the international hit song “Give Me Everything,” which rose to No. 1 on the Billboard Hot 100 chart.
Specialty Foods Group, Inc. (SFG), the exclusive manufacturer and marketer of hot dogs sold in stores under the iconic brand “Nathan’s Famous,” under a 20-year license agreement, with securing a complete defense verdict. Nathan’s sought to terminate the contract on the grounds that a refinancing transaction constituted a violation of the change of ownership and control provisions in the license agreement. McDermott secured a verdict that SFG did not breach the agreement and that Nathan’s was not entitled to prematurely terminate the agreement. An adverse verdict would have resulted in substantial lost profits and put some 300 people out of work.