Business & Commercial Litigation
Experienced. Responsive. Trusted.
Distinguished as one of the top business litigation practices in the firm’s footprint, our team offers innovative, timely and strategic solutions to complex legal issues in pursuit of our clients’ business goals. We pride ourselves on working hard from the inception of the matter and throughout the life of the case. We also routinely intervene long before litigation is initiated, employing risk management and avoidance strategies as a key part of our advisory services. When litigation is unavoidable, however, or presents the best alternative, we are vested in a positive outcome for our clients and work aggressively towards the most effective and expedient resolution.
Practice Area Contact
We’ve taken cases to verdict in state and federal court, including trials in 21 states. These trials have involved serial product liability, single-incident loss, professional malpractice, securities and RICO violations, trade secrets, breach of contract and breach of fiduciary duties, just to name a few.
While we represent clients in all types and stages of litigation, we have notable depth and a proven track record in the following areas:
- Breach of contract
- Breach of fiduciary duty
- Commercial lending/lender liability
- Consumer claims
- Corporate governance
- Franchise and licensing
- Fraud and misrepresentation
- Fraudulent transfers
- Internal investigations
- Negotiable instruments
- Real estate
- Restrictive covenants
- Tortious interference
- Trade secrets
- Transactional disputes
- UCC Article 2
- Unfair competition
- White collar crime
- Zoning and land use
- The successful defense of NASCAR in an antitrust case filed by Kentucky Speedway LLC, relating to NASCAR’s refusal to award Kentucky Speedway an event in NASCAR’s most popular series, the NEXTEL Cup Series. NASCAR obtained summary judgment on all claims.
- Frost Brown Todd obtained a gross judgment in excess of $128 million on behalf of eight members of the Burley Tobacco Growers Cooperative Association (BTGCA). Frost Brown Todd successfully argued that the court should establish a common fund for the benefit of approximately 198,000 BTGCA members and that Frost Brown Todd’s clients who filed the suit should receive incentive payments for their active and extensive participation in the litigation.
- Frost Brown Todd obtained a summary judgment for several large healthcare entities and individuals defending federal and state antitrust claims of monopolization, attempted monopolization, refusal to deal and exclusive dealing as well as state law claims for tortious interference with contracts and tortious interference with business relations.
- Frost Brown Todd obtained dismissal of a purported class action brought by a large pension fund shareholder of a public utility seeking to block the company’s proposed merger with another large utility company headquartered in the southeast, which allowed the merger to proceed on schedule.
- Frost Brown Todd obtained a summary judgment in a federal court in Miami, Fla., on claims arising out of our client’s purchase of substantially all of the assets and air routes of a Miami-based air cargo and transportation company. The summary judgment was affirmed on appeal.
- Frost Brown Todd successfully defended several companies in an American Arbitration Association arbitration arising out of the sale of those businesses to a St. Louis-based publicly traded business outsourcing company. The three-member arbitration panel issued a lengthy decision, finding in favor of our clients and ordering the claimant to pay our clients’ attorneys fees and arbitration expenses.
Explore articles and recent examples of our work.
De-SPACing: Target Company Due Diligence
February 5, 2021
Sun Capital Won This One, But Pension Plan Withdrawal Liability Still Presents a “Risky Gambit” ...
November 18, 2020
Court Rules Misuse of Company Data Not Actionable under CFAA
September 11, 2020
When the Government Comes Knocking: Paycheck Protection Program and Preparing for Government Scrutin...
July 24, 2020
2020 Mid-Year Anti-Corruption Update
July 10, 2020