Business Litigation & Counseling

Ward Greenberg’s Business Litigation and Counseling group is composed of skilled trial lawyers who are adept at managing complex and sensitive cases. We represent individuals and business entities of all sizes, from family-owned businesses to Fortune 100 and 500 companies, in a diverse range of industries such as financial services, real estate, manufacturing, health care, and telecommunications. Our group often works in tandem with our other practice groups - usually our Labor and Employment and Intellectual Property groups - to provide comprehensive advice and support to our clients.

In addition to successfully trying jury cases, bench trials, arbitrations, and administrative/regulatory proceedings, our lawyers have a strong record of achieving success via motion practice and mediation. Our group keeps abreast of the latest developments in electronic discovery, and tailors its approach to each case to assure cost and litigation effectiveness in the collection and review of electronically stored information (ESI).

Our many years of court experience also gives us the insight to help our clients avoid actual litigation altogether. We look for opportunities to partner with our clients to develop strategies to prevent and resolve issues early on, minimizing cost and disruption to their businesses. We are active proponents of early case assessment, which is a proven tool to help our clients evaluate and appreciate the commitment and risks of a dispute before it matures into full-blown litigation.

As our business cases often give rise to unique analytical challenges, requiring customized litigation strategies, they are well suited to alternative fee arrangements. We have a proven track record of structuring AFAs that reflect equitable risk sharing between Ward Greenberg and its clients appropriate to a given case.

Representative Experience

Ward Greenberg’s Business Litigation and Counseling experience is extensive. We advise and represent plaintiffs and defendants in a range of business and commercial matters. Whether in federal and state court litigation, arbitrations, or mediations, or simply in matters of counseling and risk mitigation, our representations are marked by consistently successful outcomes for our clients, including:

  • Prosecuting a breach of contract action arising out of a failed joint development agreement. After several years of litigation, including intensive e-discovery and financial analysis, we tried that case for nearly three weeks, and obtained an eight-figure verdict.
  • Defending a multinational corporation from claims of business destruction (alleged value, $500 million) in a contractual services dispute involving industrial gas turbine generators. We ultimately defeated those claims in an intensive AAA arbitration, and even secured a multi-million dollar award for our client.
  • Protecting our client in an acrimonious franchise relations dispute. After assuming this matter from another (larger) firm, we quickly analyzed years of litigation and a complicated factual universe, and resolved the dispute amicably in a matter of months.
  • Leading a partner through a contentious dissolution and liquidation of a general partnership. As a result of our efforts, our client was able to effect a change in management of the partnership, and maximize the value of the resulting share of the business.
  • Analyzing client contracts and recommending modifications to limit risk and future litigation. Relying on our experience in resolving disputes in litigation, we were able to identify several areas of potential dispute, and reduce the chance of future litigation through alternative contractual language.
  • Providing guidance to a multinational corporation regarding the private resolution of a development and supply agreement dispute. After gaming out several possible scenarios, we gave our frank opinion regarding the likely outcome of the dispute, and direction on the best way to resolve it and move the business forward.