Best Lawyers for Commercial Litigation in Alabama, United States

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Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation Bet-the-Company Litigation Personal Injury Litigation - Plaintiffs Transportation Law Medical Malpractice Law - Plaintiffs Product Liability Litigation - Plaintiffs
Lawyer
  • Location:
    Mobile, Alabama
  • Practice Areas:
    Commercial Litigation Litigation - Environmental Personal Injury Litigation - Defendants Mass Tort Litigation / Class Actions - Defendants Product Liability Litigation - Defendants Litigation - Construction
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Personal Injury Litigation - Defendants Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation Personal Injury Litigation - Defendants Medical Malpractice Law - Defendants
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Personal Injury Litigation - Defendants Commercial Litigation Bet-the-Company Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation Product Liability Litigation - Defendants
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation Litigation - Insurance Insurance Law
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation Insurance Law Litigation - Banking and Finance Litigation - Municipal
Lawyer
  • Location:
    Mobile, Alabama
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Montgomery, Alabama
  • Practice Areas:
    Education Law Appellate Practice Commercial Litigation Bet-the-Company Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Real Estate Law Commercial Litigation Litigation - Real Estate
Lawyer
  • Location:
    Huntsville, Alabama
  • Practice Areas:
    Litigation - Labor and Employment Education Law Commercial Litigation
Lawyer
  • Location:
    Mobile, Alabama
  • Practice Areas:
    Commercial Litigation Litigation - Real Estate
Lawyer
  • Location:
    Huntsville, Alabama
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Bet-the-Company Litigation Commercial Litigation
Lawyer
  • Location:
    Mobile, Alabama
  • Practice Areas:
    Insurance Law Medical Malpractice Law - Defendants Personal Injury Litigation - Defendants Commercial Litigation
Lawyer
  • Location:
    Montgomery, Alabama
  • Practice Areas:
    Environmental Law Insurance Law Commercial Litigation Litigation - Real Estate Litigation - Environmental
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Product Liability Litigation - Defendants Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Energy Law Commercial Litigation Personal Injury Litigation - Defendants
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Litigation - Banking and Finance Litigation - Construction Commercial Litigation Banking and Finance Law Litigation - Securities
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Information Technology Law Trademark Law Construction Law Commercial Litigation Litigation - Intellectual Property Litigation - Patent
Lawyer
  • Location:
    Montgomery, Alabama
  • Practice Areas:
    Litigation - Environmental Commercial Litigation Mediation Arbitration Construction Law Litigation - Construction
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Consumer Law Mass Tort Litigation / Class Actions - Defendants Litigation - Real Estate Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Huntsville, Alabama
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Mobile, Alabama
  • Practice Areas:
    Bet-the-Company Litigation Commercial Litigation Litigation - Environmental Personal Injury Litigation - Plaintiffs
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation Litigation - Environmental Natural Resources Law
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Litigation - Municipal Litigation - Environmental Commercial Litigation Mining Law Workers' Compensation Law - Employers Natural Resources Law Bet-the-Company Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation Corporate Law
Lawyer
  • Location:
    Mobile, Alabama
  • Practice Areas:
    Litigation - Real Estate Litigation - Trusts and Estates Bet-the-Company Litigation Litigation - Banking and Finance Commercial Litigation
Lawyer
Thomas E. Dutton was awarded  "Lawyer of the Year" in

Thomas E. Dutton

Pittman, Dutton & Hellums, P.C.
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation Medical Malpractice Law - Plaintiffs Product Liability Litigation - Plaintiffs Personal Injury Litigation - Plaintiffs
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Antitrust Law Commercial Litigation Bet-the-Company Litigation Mediation Arbitration Litigation - Securities Litigation - Banking and Finance
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation Sports Law
Lawyer
  • Location:
    Mobile, Alabama
  • Practice Areas:
    Personal Injury Litigation - Plaintiffs Mass Tort Litigation / Class Actions - Plaintiffs Medical Malpractice Law - Plaintiffs Product Liability Litigation - Plaintiffs Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Litigation - Securities Medical Malpractice Law - Defendants Commercial Litigation Personal Injury Litigation - Defendants
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation Litigation - Securities Litigation - Mergers and Acquisitions Litigation - Banking and Finance Litigation - Real Estate
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Litigation - Banking and Finance Personal Injury Litigation - Defendants Litigation - Mergers and Acquisitions Commercial Litigation Bet-the-Company Litigation Litigation - Securities Litigation - Antitrust Product Liability Litigation - Defendants
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Bet-the-Company Litigation Personal Injury Litigation - Defendants Litigation - Antitrust Commercial Litigation Mass Tort Litigation / Class Actions - Defendants
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Mass Tort Litigation / Class Actions - Defendants Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Mass Tort Litigation / Class Actions - Plaintiffs Commercial Litigation Litigation - Securities
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation Litigation - Securities Mass Tort Litigation / Class Actions - Plaintiffs
Lawyer
  • Location:
    Mobile, Alabama
  • Practice Areas:
    Commercial Litigation Litigation - Banking and Finance
Lawyer
  • Location:
    Mobile, Alabama
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation Bet-the-Company Litigation Product Liability Litigation - Defendants Mass Tort Litigation / Class Actions - Defendants
Lawyer
  • Location:
    Huntsville, Alabama
  • Practice Areas:
    Commercial Litigation Bet-the-Company Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation Personal Injury Litigation - Defendants
Lawyer
  • Location:
    Mobile, Alabama
  • Practice Areas:
    Commercial Litigation Personal Injury Litigation - Defendants Bet-the-Company Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation Bet-the-Company Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Bet-the-Company Litigation Personal Injury Litigation - Defendants Mass Tort Litigation / Class Actions - Defendants Commercial Litigation Litigation - Environmental
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Personal Injury Litigation - Defendants Commercial Litigation Product Liability Litigation - Defendants
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Litigation - Environmental Commercial Litigation Litigation - Securities Appellate Practice Bet-the-Company Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Bet-the-Company Litigation Water Law Appellate Practice Commercial Litigation Litigation - Environmental
Lawyer
  • Location:
    Huntsville, Alabama
  • Practice Areas:
    Litigation - Securities Commercial Litigation Litigation - Intellectual Property Litigation - Mergers and Acquisitions Litigation - Banking and Finance Litigation - Real Estate
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation Construction Law Litigation - Construction
Lawyer
  • Location:
    Huntsville, Alabama
  • Practice Areas:
    First Amendment Law Litigation - First Amendment Biotechnology and Life Sciences Practice Product Liability Litigation - Defendants Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Bet-the-Company Litigation Litigation - Antitrust Commercial Litigation Litigation and Controversy - Tax Criminal Defense: White-Collar
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Mortgage Banking Foreclosure Law Insurance Law Commercial Litigation Litigation - Construction
Lawyer
  • Location:
    Montgomery, Alabama
  • Practice Areas:
    Insurance Law Appellate Practice Commercial Litigation Banking and Finance Law
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation Insurance Law
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation Professional Malpractice Law - Defendants Railroad Law Bet-the-Company Litigation Land Use and Zoning Law Litigation - Securities Litigation - Antitrust Personal Injury Litigation - Defendants Litigation - Banking and Finance
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Mass Tort Litigation / Class Actions - Plaintiffs Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Professional Malpractice Law - Defendants Commercial Litigation Medical Malpractice Law - Defendants Personal Injury Litigation - Defendants
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation Bet-the-Company Litigation Personal Injury Litigation - Defendants
Lawyer
  • Location:
    Opelika, Alabama
  • Practice Areas:
    Family Law Commercial Litigation
Lawyer
  • Location:
    Mobile, Alabama
  • Practice Areas:
    Bet-the-Company Litigation Medical Malpractice Law - Defendants Admiralty and Maritime Law Insurance Law Commercial Litigation
Lawyer
  • Location:
    Mobile, Alabama
  • Practice Areas:
    Commercial Litigation Employment Law - Individuals
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation Litigation - Environmental
Lawyer
  • Location:
    Montgomery, Alabama
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Litigation - Banking and Finance Litigation - Construction Commercial Litigation Litigation - Bankruptcy Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
Lawyer
  • Location:
    Mobile, Alabama
  • Practice Areas:
    Commercial Litigation Insurance Law Litigation - Labor and Employment Litigation - Banking and Finance Litigation - Construction
Lawyer
  • Location:
    Mobile, Alabama
  • Practice Areas:
    Mass Tort Litigation / Class Actions - Plaintiffs Commercial Litigation Bet-the-Company Litigation Litigation - Construction
Lawyer
  • Location:
    Montgomery, Alabama
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Mobile, Alabama
  • Practice Areas:
    Bet-the-Company Litigation Mass Tort Litigation / Class Actions - Plaintiffs Commercial Litigation Banking and Finance Law Litigation - Banking and Finance Litigation - Bankruptcy
Lawyer
  • Location:
    Montgomery, Alabama
  • Practice Areas:
    Commercial Litigation Litigation - Insurance Product Liability Litigation - Defendants
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Litigation - Labor and Employment Bet-the-Company Litigation Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Mobile, Alabama
  • Practice Areas:
    Commercial Litigation Corporate Law Real Estate Law Mergers and Acquisitions Law Commercial Finance Law Corporate Compliance Law Banking and Finance Law Business Organizations (including LLCs and Partnerships)
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Litigation - Banking and Finance Mass Tort Litigation / Class Actions - Defendants Bet-the-Company Litigation Commercial Litigation Litigation - Securities Litigation - Insurance
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation Personal Injury Litigation - Defendants
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation Bet-the-Company Litigation Personal Injury Litigation - Plaintiffs
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Personal Injury Litigation - Plaintiffs Commercial Litigation Bet-the-Company Litigation Mediation Arbitration Product Liability Litigation - Plaintiffs
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Appellate Practice Commercial Litigation
Lawyer
  • Location:
    Huntsville, Alabama
  • Practice Areas:
    Litigation - Labor and Employment Employment Law - Management Commercial Litigation Labor Law - Union Personal Injury Litigation - Defendants
Lawyer
  • Location:
    Mobile, Alabama
  • Practice Areas:
    Workers' Compensation Law - Employers Litigation - Banking and Finance Litigation - Environmental Commercial Litigation Bet-the-Company Litigation Litigation - Labor and Employment
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Insurance Law Commercial Litigation Bet-the-Company Litigation
Lawyer
  • Location:
    Mobile, Alabama
  • Practice Areas:
    Litigation - Construction Product Liability Litigation - Defendants Commercial Litigation Bet-the-Company Litigation Insurance Law Personal Injury Litigation - Defendants
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation Litigation - Securities Personal Injury Litigation - Defendants
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation Litigation - Labor and Employment
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation Litigation - Labor and Employment
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation Litigation - Bankruptcy Personal Injury Litigation - Defendants Litigation - Banking and Finance
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Medical Malpractice Law - Defendants Commercial Litigation Personal Injury Litigation - Defendants
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Mobile, Alabama
  • Practice Areas:
    Insurance Law Commercial Litigation Litigation - Real Estate
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Huntsville, Alabama
  • Practice Areas:
    Bet-the-Company Litigation Appellate Practice Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Insurance Law Commercial Litigation Appellate Practice
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation Litigation - Banking and Finance Litigation - Construction
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation Labor Law - Management
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Construction Law Litigation - Construction Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation Employment Law - Management Litigation - Labor and Employment
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Litigation - Bankruptcy Commercial Litigation Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law Litigation - Banking and Finance
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation Bet-the-Company Litigation Litigation - Antitrust Transportation Law Litigation - Banking and Finance
Lawyer
  • Location:
    Huntsville, Alabama
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Huntsville, Alabama
  • Practice Areas:
    Commercial Litigation Arbitration Personal Injury Litigation - Defendants Medical Malpractice Law - Defendants Mediation
Lawyer
  • Location:
    Montgomery, Alabama
  • Practice Areas:
    Commercial Litigation Bet-the-Company Litigation Litigation - Labor and Employment Labor Law - Management Employment Law - Management Product Liability Litigation - Defendants
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Mobile, Alabama
  • Practice Areas:
    Litigation - Construction Medical Malpractice Law - Defendants Professional Malpractice Law - Defendants Commercial Litigation Personal Injury Litigation - Defendants
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Product Liability Litigation - Defendants Insurance Law Commercial Litigation Litigation - Labor and Employment Litigation - Securities Mass Tort Litigation / Class Actions - Defendants
Lawyer
  • Location:
    Mobile, Alabama
  • Practice Areas:
    Commercial Litigation Bet-the-Company Litigation Insurance Law Product Liability Litigation - Plaintiffs
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Appellate Practice Litigation - Labor and Employment Commercial Litigation Bet-the-Company Litigation Litigation - Intellectual Property
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Litigation - Banking and Finance Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law Commercial Litigation Litigation - Real Estate Litigation - Bankruptcy
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation Product Liability Litigation - Defendants
Lawyer
  • Location:
    Montgomery, Alabama
  • Practice Areas:
    Appellate Practice Commercial Litigation Employment Law - Individuals Health Care Law Employment Law - Management Education Law Labor Law - Management
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Montgomery, Alabama
  • Practice Areas:
    Litigation - Securities Litigation - Banking and Finance Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Insurance Law Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Product Liability Litigation - Defendants Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Bet-the-Company Litigation Litigation - Construction Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Litigation - Banking and Finance Litigation - Securities Commercial Litigation Litigation - Regulatory Enforcement (SEC, Telecom, Energy)

  • Location:
  • Practice Areas:

Practice Area Definition

Commercial Litigation Definition

General commercial litigation involves virtually every type of dispute that can arise in the business context, including breach of contract cases, partnership/joint venture disputes, class actions, business torts, civil RICO claims, breach of fiduciary duty allegations, and shareholder issues. Successful commercial litigators need to be able to assess the merits of a dispute and scale either a prosecution or defense that fits the legal and business needs of the client. Efficiency, creativity, and sound judgment are critical for intelligently positioning these disputes, whether they are “bet-the-company” cases or more discrete matters. In addition, while all cases must be litigated with an eye toward ultimately trying them, seasoned commercial litigators understand that at all times they must strive to achieve the best possible result at a reasonable cost.

Litigation increasingly occurs in various venues, from state and federal courts to private arbitrations and administrative hearings. Proceedings can involve business-to-business disputes or any number of government agencies. Understanding the motivations and outlook of each of the litigation participants is important for determining weak points to exploit and strong points that will persuade the audience in question. During the past decade, commercial litigators have seen a dramatic uptick in multidistrict and inter-disciplinary litigation, making the stakes higher, the cases more complex, the parties more numerous and the discovery more complicated and unwieldy. Firms that are able to develop and implement a creative legal approach to each individual problem, efficiently focus on the key legal and factual issues, and master and manage the various aspects of these complex matters will be the busiest in the years to come.

In the current challenging economic climate, commercial litigators are under increasing client pressure to keep costs in check, which has both sides testing the efficacy of alternative fee arrangements and the scope of reasonable discovery. Whether the “death of the billable hour” is ultimately realized, the keys to a commercial litigator’s success will continue to be strong client relationships, thought leadership, practical management skills, deep experience, and personal commitment.
General commercial litigation involves virtually every type of dispute that can arise in the business context, including breach of contract cases, partnership/joint venture disputes, class actions, business torts, civil RICO claims, breach of fiduciary duty allegations, and shareholder issues. Successful commercial litigators need to be able to assess the merits of a dispute and scale either a prosecution or defense that fits the legal and business needs of the client. Efficiency, creativity, and sound judgment are critical for intelligently positioning these disputes, whether they are “bet-the-company” cases or more discrete matters. In addition, while all cases must be litigated with an eye toward ultimately trying them, seasoned commercial litigators understand that at all times they must strive to achieve the best possible result at a reasonable cost.

Litigation increasingly occurs in various venues, from state and federal courts to private arbitrations and administrative hearings. Proceedings can involve business-to-business disputes or any number of government agencies. Understanding the motivations and outlook of each of the litigation participants is important for determining weak points to exploit and strong points that will persuade the audience in question. During the past decade, commercial litigators have seen a dramatic uptick in multidistrict and inter-disciplinary litigation, making the stakes higher, the cases more complex, the parties more numerous and the discovery more complicated and unwieldy. Firms that are able to develop and implement a creative legal approach to each individual problem, efficiently focus on the key legal and factual issues, and master and manage the various aspects of these complex matters will be the busiest in the years to come.

In the current challenging economic climate, commercial litigators are under increasing client pressure to keep costs in check, which has both sides testing the efficacy of alternative fee arrangements and the scope of reasonable discovery. Whether the “death of the billable hour” is ultimately realized, the keys to a commercial litigator’s success will continue to be strong client relationships, thought leadership, practical management skills, deep experience, and personal commitment.