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 Professional Malpractice Law - Defendants Product Liability Litigation - Defendants Litigation - Construction Personal Injury Litigation - Defendants Insurance Law Construction Law
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Bet-the-Company Litigation Personal Injury Litigation - Plaintiffs Product Liability Litigation - Plaintiffs Transportation Law Commercial Litigation Medical Malpractice Law - Plaintiffs
Lawyer
  • Location:
    Mobile, Alabama
  • Practice Areas:
    Litigation - Construction Commercial Litigation Mass Tort Litigation / Class Actions - Defendants Product Liability Litigation - Defendants Litigation - Environmental Personal Injury Litigation - Defendants
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation Personal Injury Litigation - Defendants
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:
    Insurance Law Commercial Litigation Bet-the-Company Litigation Litigation - Insurance Personal Injury Litigation - Defendants
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation Product Liability Litigation - Defendants
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Litigation - Insurance Insurance Law Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Insurance Law Litigation - Banking and Finance Commercial Litigation Litigation - Municipal
Lawyer
  • Location:
    Mobile, Alabama
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Montgomery, Alabama
  • Practice Areas:
    Appellate Practice Education Law Commercial Litigation Bet-the-Company Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation Real Estate Law Litigation - Real Estate
Lawyer
  • Location:
    Huntsville, Alabama
  • Practice Areas:
    Education Law Commercial Litigation Litigation - Labor and Employment
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation Product Liability Litigation - Defendants Personal Injury Litigation - Defendants
Lawyer
  • Location:
    Montgomery, Alabama
  • Practice Areas:
    Commercial Litigation Personal Injury Litigation - Defendants
Lawyer
  • Location:
    Mobile, Alabama
  • Practice Areas:
    Commercial Litigation Litigation - Real Estate
Lawyer
  • Location:
    Mobile, Alabama
  • Practice Areas:
    Arbitration Commercial Litigation Personal Injury Litigation - Defendants Insurance Law Medical Malpractice Law - Defendants
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Bet-the-Company Litigation Commercial Litigation
Lawyer
  • Location:
    Huntsville, Alabama
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Montgomery, Alabama
  • Practice Areas:
    Commercial Litigation Environmental Law Litigation - Environmental Litigation - Real Estate Insurance Law
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Personal Injury Litigation - Defendants Product Liability Litigation - Defendants Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Energy Law Personal Injury Litigation - Defendants Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Banking and Finance Law Litigation - Securities Litigation - Banking and Finance Litigation - Construction Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Litigation - Insurance Commercial Litigation Employee Benefits (ERISA) Law Insurance Law Litigation - ERISA
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Trademark Law Litigation - Patent Information Technology Law Litigation - Intellectual Property Construction Law Commercial Litigation
Lawyer
  • Location:
    Montgomery, Alabama
  • Practice Areas:
    Litigation - Construction Arbitration Construction Law Mediation Litigation - Environmental Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Consumer Law Mass Tort Litigation / Class Actions - Defendants Commercial Litigation Litigation - Real Estate
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Huntsville, Alabama
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Litigation - Environmental Natural Resources Law Commercial Litigation Environmental Law
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation Corporate Law
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Litigation - Municipal Bet-the-Company Litigation Mining Law Litigation - Environmental Natural Resources Law Commercial Litigation Workers' Compensation Law - Employers
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Litigation - Health Care Personal Injury Litigation - Defendants 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:
    Personal Injury Litigation - Plaintiffs Commercial Litigation Product Liability Litigation - Plaintiffs Medical Malpractice Law - Plaintiffs
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation Antitrust Law
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Antitrust Law Commercial Litigation Litigation - Securities Litigation - Banking and Finance Arbitration Mediation Bet-the-Company Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Medical Malpractice Law - Plaintiffs Personal Injury Litigation - Plaintiffs Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Sports Law Commercial Litigation
Lawyer
  • Location:
    Mobile, Alabama
  • Practice Areas:
    Product Liability Litigation - Plaintiffs Personal Injury Litigation - Plaintiffs Medical Malpractice Law - Plaintiffs Commercial Litigation Mass Tort Litigation / Class Actions - Plaintiffs
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Personal Injury Litigation - Defendants Commercial Litigation Litigation - Securities Medical Malpractice Law - Defendants
Lawyer
  • Location:
    Mobile, Alabama
  • Practice Areas:
    Commercial Litigation Insurance Law
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation Mass Tort Litigation / Class Actions - Plaintiffs Product Liability Litigation - Plaintiffs
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Mass Tort Litigation / Class Actions - Defendants Bet-the-Company Litigation Personal Injury Litigation - Defendants Commercial Litigation Litigation - Antitrust
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Mass Tort Litigation / Class Actions - Defendants Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Product Liability Litigation - Defendants Commercial Litigation
Lawyer
  • Location:
    Mobile, Alabama
  • Practice Areas:
    Admiralty and Maritime Law Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Litigation - Land Use and Zoning Litigation - Construction Litigation - Bankruptcy Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Litigation - Securities Mass Tort Litigation / Class Actions - Plaintiffs Commercial Litigation Product Liability Litigation - Plaintiffs Bet-the-Company Litigation
Lawyer
  • Location:
    Mobile, Alabama
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Bet-the-Company Litigation Product Liability Litigation - Defendants Commercial Litigation Mass Tort Litigation / Class Actions - Defendants
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Product Liability Litigation - Plaintiffs Medical Malpractice Law - Plaintiffs Commercial Litigation Personal Injury Litigation - Plaintiffs
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation Product Liability Litigation - Plaintiffs Litigation - Insurance
Lawyer
  • Location:
    Huntsville, Alabama
  • Practice Areas:
    Commercial Litigation Mass Tort Litigation / Class Actions - Plaintiffs Product Liability Litigation - Plaintiffs Bet-the-Company Litigation Personal Injury Litigation - Plaintiffs
Lawyer
  • Location:
    Huntsville, Alabama
  • Practice Areas:
    Commercial Litigation Litigation - Intellectual Property Litigation - Patent
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation Bet-the-Company Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Personal Injury Litigation - Defendants Commercial Litigation Product Liability Litigation - Defendants Mass Tort Litigation / Class Actions - Defendants
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation Litigation - Banking and Finance
Lawyer
  • Location:
    Montgomery, Alabama
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Montgomery, Alabama
  • Practice Areas:
    Construction Law Litigation - Construction Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Litigation - Environmental Commercial Litigation Water Law Appellate Practice Bet-the-Company Litigation
Lawyer
  • Location:
    Huntsville, Alabama
  • Practice Areas:
    Litigation - Banking and Finance Commercial Litigation Litigation - Real Estate Litigation - Intellectual Property Litigation - Mergers and Acquisitions Litigation - Securities
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation Construction Law Litigation - Construction
Lawyer
  • Location:
    Huntsville, Alabama
  • Practice Areas:
    Product Liability Litigation - Defendants First Amendment Law Biotechnology and Life Sciences Practice Commercial Litigation Litigation - First Amendment
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation Litigation and Controversy - Tax Criminal Defense: White-Collar Bet-the-Company Litigation Litigation - Antitrust
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation Insurance Law Litigation - Construction
Lawyer
  • Location:
    Montgomery, Alabama
  • Practice Areas:
    Appellate Practice Insurance Law Commercial Litigation Banking and Finance Law
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation Insurance Law
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Litigation - Securities Bet-the-Company Litigation Litigation - Antitrust Railroad Law Personal Injury Litigation - Defendants Commercial Litigation Land Use and Zoning Law Professional Malpractice Law - Defendants Litigation - Banking and Finance
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Qui Tam Law Mass Tort Litigation / Class Actions - Plaintiffs Product Liability Litigation - Plaintiffs Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation Professional Malpractice Law - Defendants Personal Injury Litigation - Defendants Medical Malpractice Law - Defendants
Lawyer
  • Location:
    Opelika, Alabama
  • Practice Areas:
    Commercial Litigation Family Law
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:
    Insurance Law Commercial Litigation Personal Injury Litigation - Defendants Litigation - Environmental
Lawyer
  • Location:
    Montgomery, Alabama
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Litigation - Bankruptcy Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law Litigation - Banking and Finance Litigation - Construction Commercial Litigation
Lawyer
  • Location:
    Mobile, Alabama
  • Practice Areas:
    Litigation - Construction Insurance Law Commercial Litigation Litigation - Banking and Finance Litigation - Labor and Employment
Lawyer
  • Location:
    Mobile, Alabama
  • Practice Areas:
    Litigation - Construction Commercial Litigation Bet-the-Company Litigation Mass Tort Litigation / Class Actions - Plaintiffs
Lawyer
  • Location:
    Montgomery, Alabama
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Mobile, Alabama
  • Practice Areas:
    Litigation - Banking and Finance Banking and Finance Law Litigation - Bankruptcy Bet-the-Company Litigation Commercial Litigation Mass Tort Litigation / Class Actions - Plaintiffs
Lawyer
  • Location:
    Montgomery, Alabama
  • Practice Areas:
    Commercial Litigation Litigation - Insurance Product Liability Litigation - Defendants
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation Litigation - Insurance Litigation - Banking and Finance Insurance Law Litigation - Securities Bet-the-Company Litigation Mass Tort Litigation / Class Actions - Defendants
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Personal Injury Litigation - Defendants Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Bet-the-Company Litigation Qui Tam Law Personal Injury Litigation - Plaintiffs Commercial Litigation Mass Tort Litigation / Class Actions - Plaintiffs
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Litigation - Trusts and Estates Appellate Practice Commercial Litigation
Lawyer
  • Location:
    Mobile, Alabama
  • Practice Areas:
    Litigation - Banking and Finance Workers' Compensation Law - Employers Litigation - Labor and Employment Commercial Litigation Bet-the-Company Litigation Litigation - Environmental
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Insurance Law Bet-the-Company Litigation Commercial Litigation
Lawyer
  • Location:
    Mobile, Alabama
  • Practice Areas:
    Personal Injury Litigation - Defendants Litigation - Construction Bet-the-Company Litigation Product Liability Litigation - Defendants Commercial Litigation Insurance Law
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Personal Injury Litigation - Defendants Commercial Litigation Litigation - Securities
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation Litigation - Labor and Employment Litigation - Insurance Appellate Practice
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Litigation - Labor and Employment Commercial Litigation Appellate Practice
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:
    Montgomery, Alabama
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Mobile, Alabama
  • Practice Areas:
    Litigation - Real Estate Commercial Litigation Insurance Law
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 Litigation - Insurance Appellate Practice Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Arbitration Litigation - Construction Commercial Litigation Litigation - Banking and Finance
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Labor Law - Management Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Litigation - Construction Commercial Litigation Construction Law
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation Gaming Law Litigation - Labor and Employment Employment Law - Management
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation Litigation - Bankruptcy Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law Litigation - Banking and Finance
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Litigation - Banking and Finance Commercial Litigation Bet-the-Company Litigation Litigation - Antitrust Transportation Law
Lawyer
  • Location:
    Huntsville, Alabama
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Huntsville, Alabama
  • Practice Areas:
    Mediation Personal Injury Litigation - Defendants Arbitration Medical Malpractice Law - Defendants Commercial Litigation
Lawyer
  • Location:
    Montgomery, Alabama
  • Practice Areas:
    Commercial Litigation Product Liability Litigation - Defendants Litigation - Labor and Employment Bet-the-Company Litigation Employment Law - Management Labor Law - Management
Lawyer
  • Location:
    Mobile, Alabama
  • Practice Areas:
    Litigation - Construction Medical Malpractice Law - Defendants Commercial Litigation Professional Malpractice Law - Defendants Personal Injury Litigation - Defendants
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Insurance Law Litigation - Labor and Employment Mass Tort Litigation / Class Actions - Defendants Litigation - Insurance Litigation - Securities Commercial Litigation Appellate Practice Product Liability Litigation - Defendants
Lawyer
  • Location:
    Mobile, Alabama
  • Practice Areas:
    Bet-the-Company Litigation Insurance Law Commercial Litigation Product Liability Litigation - Plaintiffs
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Litigation - Intellectual Property Appellate Practice Litigation - Labor and Employment Commercial Litigation Bet-the-Company Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law Litigation - Real Estate Litigation - Banking and Finance Commercial Litigation Litigation - Bankruptcy
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Product Liability Litigation - Defendants Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Montgomery, Alabama
  • Practice Areas:
    Commercial Litigation Labor Law - Management Appellate Practice Health Care Law Education Law Employment Law - Individuals Employment Law - Management
Lawyer
  • Location:
    Montgomery, Alabama
  • Practice Areas:
    Commercial Litigation Litigation - Banking and Finance Arbitration Mediation Litigation - Securities
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:
    Litigation - Construction Bet-the-Company Litigation Commercial Litigation
Lawyer
  • Location:
    Birmingham, Alabama
  • Practice Areas:
    Commercial Litigation Litigation - Securities Litigation - Banking and Finance 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.

Munger, Tolles & Olson LLP

Munger, Tolles & Olson LLP logo

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.