Commercial Litigation

Overview

"...They really made remarkable efforts to learn our business: at some points I think they knew more than we did about the company. They would recall details on stuff that I had completely forgotten – they were also scary in the level of grasp they had on the matter."

– Chambers & Partners interviewee

When stakes are bet-the-company high, you can depend on BakerHostetler’s court-proven commercial litigators. If your company is facing monetary damages, potential criminal sentences and intense scrutiny in the court of public opinion, our more than 360 litigators are a team on which you can rely. If an effective settlement isn’t possible, we aggressively take cases to trial. We have the credentials you expect from a leading national litigation firm and a client base that we have protected in and out of court for decades. It doesn’t matter if you are involved in a national or global dispute, facing litigation in federal or state courts, going in front of a judge or jury, or appearing at an arbitration forum or administrative agency – our team has the experience and resolve to see you through to a winning result.

We handle all aspects of commercial disputes – from initial claims investigation to document collection and retention, pleadings, discovery, expert witnesses and trial, and arbitration or appeal. We have become the go-to counsel for high-stakes litigation for Fifth Third Bank and KeyBank in class action defense and lawsuits involving data breaches and other complex commercial matters. We represent healthcare providers in statutory disputes, secure awards in the millions, and have counseled construction and heavy equipment companies in national lawsuits ranging in exposure or recovery from $3 to $100 million. We represent energy and oilfield service companies in environmental issues, title questions, blowouts, fatalities, product failures, contracts and theft of trade secrets.

Your business dispute can touch on any number of issues, which is why the multidisciplinary strengths of our firm can handle any contract, antitrust, business crime, energy, class action, commercial, environmental, First Amendment, intellectual property, product liability, construction, securities or whistleblower issue you may encounter.

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We understand that many large, complex commercial cases also carry a heavy discovery load. Our litigators work closely with our E-Discovery Advocacy and Management team to bring practical solutions to clients’ most complex electronic discovery and data challenges. Rather than approaching this challenge as a back-office support function, we approach e-discovery as a unique and critically important body of law. Our team manages one of the largest and most complex data sets at issue currently in any single litigation in the United States – the SIPA liquidation of Bernard L. Madoff Investment Securities LLC. However, discovery solutions are not cookie-cutter, so we scale our technology and procedures to deliver cost-saving efficiencies to matters of all sizes.

Select Experience

  • As court-appointed counsel to Securities Investor Protection Act (SIPA) Trustee Irving H. Picard, BakerHostetler has been working since December of 2008 to unravel, deconstruct, and litigate one of the largest and most complex financial frauds in U.S. history – Bernard L. Madoff’s decades-long Ponzi scheme. We were selected to lead this global investigation and ongoing litigation based on the excellence and diverse experience of BakerHostetler attorneys in complex business litigation, bankruptcy law, white collar criminal investigation, securities litigation, e-discovery and corporate finance.
  • Represented a global engineering company in an indemnity case arising out of the 2009 explosion of a food manufacturing plant in Garner, North Carolina. Following a four-week jury trial, the jury returned a verdict of $108.9 million in favor of the client, two times the amount of the largest verdict in Nebraska at that time. This verdict was recognized by the National Law Journal as a “Top 50 Verdict” of 2016 in its Elite Trial Lawyers report.
  • Lead counsel for national oil and gas trade associations in the industry’s successful opposition to the United States Bureau of Land Management’s (BLM) rulemaking related to hydraulic fracturing on federal and Indian lands. Drafted and argued a successful petition to have BLM’s final hydraulic fracturing rule set aside as beyond BLM’s statutory authority and in violation of the Administrative Procedure Act.
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Professionals

Name Title Office Email
Partner San Francisco
Counsel New York
Partner Dallas
Partner Washington, D.C.
Partner Los Angeles
Associate Orlando
Partner Dallas
Associate Denver
Associate Cleveland
Associate New York
Staff Attorney Cincinnati
Counsel Cleveland
Partner Atlanta
Associate Cleveland
Partner Atlanta
Partner New York
Partner New York
Partner Washington, D.C.
Partner Washington, D.C.
Partner Los Angeles
Associate Los Angeles
Partner Orlando
Associate Chicago
Associate New York
Partner New York
Partner Atlanta
Partner Denver
Partner Cleveland
Associate Cleveland
Partner New York
Partner Washington, D.C.
Partner New York
Partner Atlanta
Counsel Chicago
Partner Houston
Partner New York
Partner Cleveland
Partner New York
Staff Attorney Columbus
Partner Houston
Partner New York
Counsel New York
Partner Costa Mesa
Partner Cleveland
Partner Columbus
Associate San Francisco
Associate Los Angeles
Counsel New York
Partner Los Angeles
Associate Los Angeles
Partner Dallas
Associate Houston
Partner New York
Associate Cleveland
Partner Denver
Partner Atlanta
Partner Washington, D.C.
Partner Atlanta
Partner New York
Associate New York
Partner Cleveland
Partner Orlando
Associate Los Angeles
Staff Attorney New York
Partner Cleveland
Associate New York
Associate Dallas
Partner Houston
Partner Washington, D.C.
Associate Los Angeles
Partner Cleveland
Counsel Cincinnati
Partner Houston
Partner Houston
Partner Houston
Counsel Cleveland
Associate Columbus
Partner Philadelphia
Associate Cleveland
Partner Orlando
Partner Columbus
Associate Columbus
Partner Orlando
Partner Columbus
Partner Cleveland
Partner Cleveland
Partner New York
Counsel New York
Partner Los Angeles
Partner New York
Partner Cleveland
Associate Chicago
Partner Denver
Partner Washington, D.C.
Partner Washington, D.C.
Associate New York
Associate Cincinnati
Partner Chicago
Associate New York
Associate New York
Counsel Denver
Partner Atlanta
Associate Houston
Counsel Houston
Associate Orlando
Partner Cleveland
Partner New York
Associate New York
Associate Denver
International Counsel Washington, D.C.
Partner New York
Associate New York
Partner New York
Partner Washington, D.C.
Partner Columbus
Partner Cleveland
Of Counsel Cincinnati
Counsel Philadelphia
Associate New York
Partner Seattle
Partner Philadelphia
Partner New York
Partner Houston
Partner Cincinnati
Partner Washington, D.C.
Partner Cleveland
Partner Houston
Partner New York
Partner Houston
Associate New York
Partner Atlanta
Staff Attorney Houston
Counsel Cleveland
Associate Chicago
Partner New York
Partner Cleveland
Partner Houston
Associate Houston
Partner San Francisco
Partner Los Angeles
Partner Denver
Counsel New York
Partner Cleveland
Partner Philadelphia
Associate Orlando
Partner Washington, D.C.
Counsel New York
Partner Cleveland
Partner New York
Partner New York
Partner Houston
Partner Chicago
Partner Orlando
Partner Washington, D.C.
Partner Cleveland
Partner Orlando
Partner Cleveland
Partner Cleveland
Associate Houston
Partner Costa Mesa
Counsel Washington, D.C.
Partner Cleveland
Partner Washington, D.C.
Associate Orlando
Partner Cincinnati
Associate Houston
Associate New York
Partner Los Angeles
Partner Washington, D.C.
Partner Columbus
Counsel New York
Counsel Costa Mesa
Associate New York
Partner Washington, D.C.
Partner Columbus
Partner Houston
Associate Atlanta
Associate Orlando
Senior Staff Attorney
Senior Staff Attorney Houston
Associate Houston
Staff Attorney New York
Partner Costa Mesa
Partner San Francisco
Partner Seattle
Partner New York
Partner New York
Associate Denver
Partner Chicago
Counsel New York
Partner Los Angeles
Partner Cleveland
Associate Costa Mesa
Partner Columbus
Associate Seattle
Partner New York
Counsel Philadelphia
Partner Houston
Associate Cleveland
Associate Columbus
Partner Cleveland
Associate Columbus
Partner Washington, D.C.
Associate New York
Partner Denver
Counsel Orlando
Partner Washington, D.C.
Partner Houston
Partner Cleveland
Partner New York
Partner Los Angeles
Associate New York
Partner Orlando
Associate Atlanta
Partner Cleveland
Associate New York
Staff Attorney Washington, D.C.
Partner Houston
Partner New York
Partner Washington, D.C.
Associate Houston
Associate New York
Counsel New York
Partner New York
Partner New York
Partner New York
Partner New York
Partner Cleveland
Partner Houston
Partner New York
Partner Orlando
Associate Dallas
Partner Cleveland
Partner Houston
Partner Orlando
Partner New York
Counsel Los Angeles
Partner New York
Partner Washington, D.C.
Associate New York
Partner Los Angeles
Associate New York
Associate New York
Associate Atlanta
Associate New York
Associate Seattle
Partner Orlando
Partner Washington, D.C.
Partner Houston
Partner Washington, D.C.
Associate Orlando
Associate Denver
Partner Chicago
Partner Cleveland
Associate Houston
Partner Columbus
Of Counsel Washington, D.C.
Partner Orlando
Partner Houston
Partner New York
Partner Cleveland
Of Counsel Houston
Associate Houston
Partner Orlando
Associate Seattle
Associate Columbus
Partner Cleveland
Associate Cleveland
Associate Houston
Counsel Washington, D.C.
Partner Cleveland
Partner New York
Partner New York
Partner San Francisco
Associate New York
Staff Attorney Columbus
Partner Houston
Partner Atlanta
Associate New York
Partner Houston
Staff Attorney Columbus
Partner Washington, D.C.
Partner Cleveland
Partner New York
Partner New York

Experience

  • As court-appointed counsel to Securities Investor Protection Act (SIPA) Trustee Irving H. Picard, BakerHostetler has been working since December of 2008 to unravel, deconstruct, and litigate one of the largest and most complex financial frauds in U.S. history – Bernard L. Madoff’s decades-long Ponzi scheme. We were selected to lead this global investigation and ongoing litigation based on the excellence and diverse experience of BakerHostetler attorneys in complex business litigation, bankruptcy law, white collar criminal investigation, securities litigation, e-discovery and corporate finance.
  • Represented a global engineering company in an indemnity case arising out of the 2009 explosion of a food manufacturing plant in Garner, North Carolina. Following a four-week jury trial, the jury returned a verdict of $108.9 million in favor of the client, two times the amount of the largest verdict in Nebraska at that time. This verdict was recognized by the National Law Journal as a “Top 50 Verdict” of 2016 in its Elite Trial Lawyers report.
  • Lead counsel for national oil and gas trade associations in the industry’s successful opposition to the United States Bureau of Land Management’s (BLM) rulemaking related to hydraulic fracturing on federal and Indian lands. Drafted and argued a successful petition to have BLM’s final hydraulic fracturing rule set aside as beyond BLM’s statutory authority and in violation of the Administrative Procedure Act.
  • Defended a major energy company in a lawsuit involving claims of oil and gas lease termination and bad faith trespass. The plaintiffs demanded $2 billion in damages, but we secured a take-nothing judgment and were awarded our attorneys’ fees.
  • Obtained a settlement of more than $300 million on behalf of over 7,000 dairy farmers in a price-fixing conspiracy case.
  • Defending one of the first attempts to apply the California Confidentiality of Medical Information Act to a data breach incident in a class action lawsuit seeking more than $500 million in damages as a result of the theft of a computer containing information on more than 500,000 individuals.
  • Secured an award in excess of $10 million in compensatory damages and attorneys’ fees for a major medical center against a competing medical center that used bribes to influence employee benefit plans.
  • Defending a UK software company in multiyear, multicountry litigation involving copyright claims by a major software competitor looking to secure a worldwide injunction against our client.
  • Achieved a multimillion-dollar arbitration settlement for a global engineering firm related to the construction of a petrochemical plant.
  • Successfully appealed a decision that bound our client, a major equipment services provider, to a foreign arbitral award.
  • Secured a major jury verdict against a global software company in federal court.
  • Successfully defended a $1 billion claim alleging antitrust violations in federal court in New York.
  • Handled the largest dealer termination case in U.S. history, terminating a dealer by initiating litigation in 12 different states; all cases were won within six months.

Recognition

  • Chambers USA: Litigation: General Commercial
    • Ohio (2007 to 2018)
      • Band 2
    • Recognized Practitioner in Colorado (2016, 2017)
    • Recognized Practitioner in Florida (2014 to 2018)
  • National Law Journal "Elite Trial Lawyers" (2016)
  • U.S. News - Best Lawyers "Best Law Firms" Commercial Litigation (2016)
    • National Tier 1
    • Metro Chicago, Tier 2
    • Metro Cincinnati, Tier 1
    • Metro Cleveland, Tier 1
    • Metro Columbus, Tier 1
    • Metro Houston, Tier 2
    • Metro Los Angeles, Tier 1
    • Metro Orlando, Tier 1
  • The Best Lawyers in America© (2016)
    • 3 lawyers named in Bet-the-Company Litigation
    • 23 lawyers named in Commercial Litigation
  • Recognized as one of the top law firms for client service, BakerHostetler was named to the 2020 BTI Client Service 30 for the sixth consecutive year.

News

News

Press Releases

Publications

Articles

Key Contacts

Blog

In The Blogs

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Pillar and Post: Energy Law in the 21st Century
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