Business Disputes / Commercial
Clients bring their high-risk business disputes to McKenna Long & Aldridge (MLA) for one reason: our commercial litigation attorneys try complicated cases and win. We aggressively seek litigation resolutions short of trial, and resolve many cases successfully through creative use of dispute resolution procedures, including mediation and arbitration.
Our business and commercial litigation attorneys draw upon their vast experience in their handling of virtually every type of business lawsuit. Representing plaintiffs and defendants in all forums in all states, MLA’s seasoned attorneys are highly skilled at handling cases of exceptional complexity, particularly nationwide class actions, multidistrict litigation, and parallel civil and administrative proceedings. Our respected attorneys focus on protecting and preserving clients’ interests through constant communication and client involvement. We represent the individual, the public entity, and the corporation in local, state, national, and international forums. We guide clients in identifying critical issues and quantifying litigation decisions in terms of risk and cost containment. We partner with our clients throughout the entire adversarial process.
We understand all that is at stake in the courtroom and for the enterprise. From the very start of a case, we examine all possible angles and outcomes, both legal and financial. From there, we engage in careful strategic planning and assemble a team that will achieve the desired result for our client.
Trials (Bench and Jury)
Our team includes veteran trial attorneys in every office with substantial experience in complex jury and bench trials. Several of our attorneys served early in their careers as state and federal prosecutors, or civil trial attorneys in other government positions, where they frequently tried cases. Others have been recognized by their peers – through AV ratings, peer review organizations, or otherwise – as exceptional in their fields. Some have been admitted to or recognized by exclusive organizations, including Chambers and as Fellows in the American College of Trial Attorneys.
MLA’s commercial litigators have substantial experience representing sophisticated clients in complex foreign and domestic arbitration. Some of our partners have served as arbitrators, and some of our managing directors have served as experts in arbitration proceedings. While we recognize that it is preferable and more cost-effective in most instances to resolve disputes before they must be tried or arbitrated, including through dispositive motions, arbitration is a familiar forum for our litigators.
We have found that, even in exceptionally complex or acrimonious cases that are considered unlikely to settle, mediation is highly beneficial and can frequently result in settlement on mutually agreeable terms. Even when cases do not settle in mediation, we realize there often is a material benefit, such as increased knowledge of the adversary’s positions and evidence, or better cooperation between the parties. Due to the emphasis on mediation from clients, courts, and counsel, a high percentage of our litigation matters proceed through private mediation and/or court-mandated settlement conferences that are conducted like private mediations. Our litigators are very experienced in all aspects of mediation, and we provide our clients with a full-range of dispute resolution options—allowing them to choose the best choice for each matter that arises.
We are adept at representing clients in administrative proceedings. Many of our litigators first honed their skills as government attorneys handling significant civil and criminal cases, as well as administrative proceedings. Several come from the Department of Justice, where they represented the U.S. in criminal, civil, antitrust, environmental and appellate cases. Others came from major regulatory agencies including the Securities and Exchange Commission and the Federal Trade Commission.
There’s no denying that class action litigation can wreak economic havoc for a business. All too often, class actions inappropriately shift the focus from the merits of the claim to the value of the damages and the attorneys' fees. In an effort to avoid this punitive effect, we work closely with companies to develop effective strategies to defend class actions. In addition, we make every effort to defeat claims before a class is certified or, if appropriate, to defeat class certification.
Our attorneys serve as national counsel, coordinating counsel, and trial counsel in class action litigation in state and federal courts throughout the U.S. Our cases span employment, securities, antitrust, product liability, environmental and occupational exposure, and business practices, and our attorneys are extensively experienced in defending class action litigation brought under consumer protection laws such as the Consumer Legal Remedies Act. MLA’s extensive experience in class action litigation allows our attorneys to evaluate the relative benefits among the wide variety of options, including proceeding as a class; opposing class certification; obtaining disparities rulings before motions for class certification are filed; seeking alternative litigation coordination techniques to leverage favorable rulings in multiple cases and avoid duplicative discovery; negotiating class action settlements to avoid litigation risks and costs; or, when necessary, trying cases to conclusion.
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