Commercial

Whether you’re structuring a transaction or engaged in litigation, your business demands results. That’s why some of the biggest brands in the world choose Alston & Bird’s lawyers to fight for them in the courtroom and in the boardroom. With veteran trial lawyers in each of our ten U.S. offices, you can count on responsive, comprehensive legal support in complex and high-stakes litigation as well as knowledgeable guidance when negotiating transactions. Whether you’re facing state or federal regulators, class action lawsuits, antitrust allegations, or any other matter, our multidisciplinary and highly regarded Commercial Litigation Team has the experience and insight to protect your brand and advance your goals.

By emphasizing efficiency, we’ve developed tools and resources that give us an edge in speed and accuracy. Our teams include more than just lawyers, incorporating in-house accounting professionals for timely consultations and an entire team dedicated to electronic discovery and document review. We work with our clients to develop the billing structure they’re most comfortable with, using creative alternative-fee arrangements where appropriate. In trial and appellate litigation, we are one of the most highly respected firms in the country, with lawyers who are regularly recognized by Chambers USA, Best Lawyers in America, and Super Lawyers.

We don’t view cases in a vacuum, and we never litigate for litigation’s sake. Our lawyers work with you to understand your business and your goals. We employ strategies that put you at the forefront, working through arbitration and settlement negotiations where appropriate. We are accomplished advocates in a courtroom, but when avoiding a trial will produce a better result, our Commercial Litigation Team has the experience and confidence to create the most favorable process and outcome for you.

• Represented a textile manufacturer against a component supplier alleging breach of warranty and breach of contract resulting from the defendant’s sale of defective component goods used in our client’s manufacturing process. After a three-week jury trial, our client won a $70.1 million verdict including substantial damages for the replacement of defective goods and lost profits from the discontinuation of the affected product line.
• Retained shortly before trial as lead trial counsel to Dell in an eight-week jury trial in civil district court in Orleans Parish, Louisiana, where the plaintiffs sought more than $5 billion in damages under claims for misappropriation of trade secrets, unfair and deceptive trade practices, breach of contract, detrimental reliance and unjust enrichment arising out of Dell’s sale of city-wide wireless video surveillance systems deployed for the detection of crime. The jury awarded the plaintiffs less than 0.2 percent of the requested damages. The award was further reduced post-trial.
• Represented Mohawk Industries, Inc. in the Northern District of Georgia in litigation alleging violations of federal witness tampering statutes. After the case went to the U.S. Supreme Court, we obtained complete dismissal of all claims on summary judgment.
• Served as lead counsel for wireless handset manufacturer Nokia Corporation in four separate ITC investigations between Nokia and Apple Inc., as well as three litigations in the U.S. District Court for the District of Delaware, as part of the world’s largest patent war. Dubbed the “smartphone smackdown” by the media, the war involved more than 48 patents-at-issue. In June of 2011, Apple called a truce following the reversal of an administrative law judge’s decision by the ITC. Apple agreed to make a payment to Nokia, and will pay future royalties for the use of Nokia smartphone technology. A Thomson Reuters reporter commented that “Alston has matched Apple’s firepower at each stage of the fight, which entailed claims and counterclaims on more than three dozen Apple and Nokia patents.”
• Represented Norit Americas Inc., a manufacturer of activated carbon products used to control pollution, in pursuing theft of trade secrets and breach of contract claims against a partner-turned-competitor, resulting in a $37.9 million award, in addition to a continuing royalty stream, after a lengthy arbitration.