Business Litigation

Overview

We know that you win when you achieve your business objectives, so we begin each engagement looking for a positive resolution that would avoid litigation or resolve a case early and efficiently. But when matters cannot be resolved through negotiation, we are also top-notch and experienced trial lawyers. Alston & Bird is home to seasoned courtroom attorneys across the United States and Europe dedicated to providing attentive and assertive representation in complex commercial disputes and high-profile legal battles.

For decades, clients have trusted us with trying their most significant, enterprise-threatening cases to verdict in front of juries, judges, and arbitrators. Drawing on extensive trial experience, we offer credible opposition, sharp negotiation skills, and strategic counsel to navigate even your most challenging business conflicts. Representing defendants and plaintiffs alike, we have a track record of delivering a strong return on your investment.

We have handled virtually every type of business dispute, including:

• Disputes and arbitrations involving corporate mergers, purchase and sale agreements, partnerships, founders and investors, and vendor and supply contracts.
• Challenges from competitors, theft of trade secrets, bad-faith accusations, and defamation.
• Allegations involving the Racketeer Influenced and Corrupt Organizations Act (RICO), unfair and deceptive trade practices, fraud, and civil conspiracy.
• Breach of contract, fiduciary duty, and license agreements and other claims.
• Multidistrict litigation and class actions.

Our multidisciplinary and highly regarded Business Litigation Team has the skills and insight to protect your brand and advance your goals. Across a wide range of industries—including automotive, digital assets, financial services, food & beverage, health care, hospitality, industrials & manufacturing, insurance, pharmaceuticals, real estate, retail, and technology—we draw on Alston & Bird’s diverse expertise to bring a team with the right experience to any dispute you may have.

Experience

• Secured a complete trial victory for a publicly traded real estate financing entity in an eight-year federal court litigation brought by a national homebuilder alleging fraud, breach of contract, civil conspiracy, and other business torts over the financing and sale of a large parcel of land. After a multiweek trial, the court found against the plaintiff on all claims and for the defendants on their counterclaims, awarding over $237 million plus attorneys’ fees and costs. The judgment was affirmed by the Fourth Circuit, and the U.S. Supreme Court denied review.
• Representing an investment firm in two RICO actions in the District of New Jersey brought against shareholders, directors, and officers of a health care company by two international pharmaceutical companies alleging that the entire company was a fraudulent scheme.
• Trial counsel defending a major insurance company in a certified RICO class action brought in the Southern District of Illinois, where the nationwide class of plaintiffs sought an award of over $8 billion in damages.
• Trial counsel for a generic pharmaceutical manufacturer in a breach-of-contract case brought against a branded pharmaceutical company competitor in the District of New Jersey, leading to an eight-figure damages award for the client.
• Secured a significant jury verdict for a leading natural-gas infrastructure developer after a five-year legal battle. The three-week trial involved claims of breach of contract, tortious interference, breach of fiduciary duty, and trade secret misappropriation, resulting in a favorable jury verdict on multiple counts and an award of attorneys’ fees. 
• Represented an Indian state-owned international bank in a New York Supreme Court Commercial Division lawsuit. The case involved allegations of civil conspiracy, fraud, breach of fiduciary duty, aiding and abetting fraud, and unjust enrichment related to the collapse of a major Middle Eastern health care company. We secured a complete dismissal of the lawsuit, which sought over $8 billion in damages.
• Represented an American wireless network operator and its subsidiaries in a civil RICO lawsuit against a well-known businessman and his private investment firm. The lawsuit alleges a scheme to defraud our client of over $10 million through fraudulent wireless spectrum leases. The complaint includes claims of racketeering, conspiracy, civil theft, and fraud, seeking treble damages. We defeated a motion to dismiss, clearing the way for every one of our client’s causes of action to proceed against all defendants.
• Trial counsel for a leading company in the gift-card and payments space in a week-long arbitration, securing a complete defense victory and a take-nothing arbitral award.
• Represented the production company and on-air talent for one of the highest-rated reality television shows, obtaining a summary judgment ruling in Georgia state court that dismissed a $50 million defamation action brought by a former record executive.