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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

A person is smiling and wearing a business suit with a tie.
Peter M. Cummins

Practice Group Leader

Louisville, KY

Areas of Focus

While we represent clients in all types and stages of litigation, we have notable depth and a proven track record in the following areas:

  • Antitrust
  • 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
  • RICO
  • Securities
  • Tortious interference
  • Trade secrets
  • Transactional disputes
  • UCC Article 2
  • Unfair competition
  • White collar crime
  • Zoning and land use

Representative Experience

  • 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.

Featured Insights

Explore articles and recent examples of our work.

FTC Announces Final Rule on HSR Premerger Notifications: Overview of Changes and Impact on M&A ...

October 29, 2024 | Publications

Nearly 16 months after announcing proposed changes to the rules governing premerger notifications un...

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A Trio of Arbitration Cases: Clarifying the Scope of the Federal Arbitration Act

September 26, 2024 | Publications

Nearly 100 years ago, the Federal Arbitration Act (FAA) was enacted on the straightforward principle...

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Supreme Court Curtails Agencies’ Authority to Impose Civil Penalties Without a Jury Trial

September 26, 2024 | Publications

Securities and Exchange Commission v. Jarkesy, 144 S. Ct. 2117 (June 27, 2024) In Securities and Exc...

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Visual Persuasion: Using Graphics in Appellate Briefs

September 10, 2024 | Publications

Although words have long been the appellate weapons of choice, don’t underestimate the persuasion ...

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Stays Pending Appeal: The Status Quo’s Best Friend

August 28, 2024 | Publications

When it doesn’t end in settlement, litigation will inevitably end with winners and losers. That is...

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Embracing the Digital Shift: Crafting Appellate Briefs for the Modern Reader

August 27, 2024 | Publications

Most appellate briefs today are filed—and read—electronically. This evolution requires a nuanced...

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Frost Brown Todd Secures $96 Million Jury Verdict for Prysmian in Trade Secrets Case

August 22, 2024 | Experience

Frost Brown Todd (FBT) secured a significant legal victory on behalf of client Prysmian Cables &...

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Texas Court Pulls the Plug on FTC’s Non-Compete Ban: Rule Set Aside Nationwide

August 21, 2024 | Publications

On August 20, 2024, a Texas federal court set aside the Federal Trade Commission’s (FTC) Final Rul...

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FTC and DOJ Request Information on Serial Acquisitions and Roll-Up M&A Activity

August 21, 2024 | Publications

In a rare move, the federal antitrust enforcement agencies, the Federal Trade Commission (FTC) and t...

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The Art of Crafting Rebuttals

August 13, 2024 | Publications

Preparing an appellate brief or gearing up for oral arguments often centers on presenting your own c...

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