Best Lawyers for Commercial Litigation in California, United States

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Lawyer
  • Location:
    San Diego, California
  • Practice Areas:
    Litigation - Intellectual Property Commercial Litigation Litigation - Patent
Lawyer
  • Location:
    Santa Ana, California
  • Practice Areas:
    Commercial Litigation Bet-the-Company Litigation Product Liability Litigation - Plaintiffs Personal Injury Litigation - Plaintiffs
Lawyer
  • Location:
    San Diego, California
  • Practice Areas:
    Commercial Litigation Litigation - Real Estate Litigation - Intellectual Property
Lawyer
  • Location:
    Irvine, California
  • Practice Areas:
    Criminal Defense: White-Collar Commercial Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Litigation - Securities Litigation - Regulatory Enforcement (SEC, Telecom, Energy) Bet-the-Company Litigation Commercial Litigation
Lawyer
  • Location:
    San Diego, California
  • Practice Areas:
    Litigation - Real Estate Personal Injury Litigation - Plaintiffs Commercial Litigation Eminent Domain and Condemnation Law
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation Administrative / Regulatory Law
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    San Jose, California
  • Practice Areas:
    Corporate Law Litigation - Intellectual Property Commercial Litigation Litigation - Securities Litigation - Labor and Employment
Lawyer
  • Location:
    San Diego, California
  • Practice Areas:
    Litigation - Intellectual Property Litigation - Patent Commercial Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Product Liability Litigation - Defendants Mass Tort Litigation / Class Actions - Defendants Commercial Litigation
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Commercial Litigation
Lawyer
Thomas H. Bienert, Jr. was awarded  "Lawyer of the Year" in

Thomas H. Bienert, Jr.

Bienert | Katzman PC
  • Location:
    San Clemente, California
  • Practice Areas:
    Bet-the-Company Litigation Commercial Litigation Criminal Defense: White-Collar
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation Criminal Defense: White-Collar
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Commercial Litigation Construction Law Litigation - Construction
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Commercial Litigation Litigation - Antitrust
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Criminal Defense: White-Collar Bet-the-Company Litigation Commercial Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Bet-the-Company Litigation Commercial Litigation Appellate Practice Media Law Litigation - First Amendment Litigation - Intellectual Property
Lawyer
  • Location:
    San Diego, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Irvine, California
  • Practice Areas:
    Commercial Litigation Personal Injury Litigation - Plaintiffs
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Commercial Litigation Criminal Defense: White-Collar
Lawyer
  • Location:
    San Diego, California
  • Practice Areas:
    Legal Malpractice Law - Defendants Commercial Litigation Personal Injury Litigation - Defendants
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law Commercial Litigation Litigation - Bankruptcy
Lawyer
  • Location:
    Santa Ana, California
  • Practice Areas:
    Commercial Litigation Personal Injury Litigation - Plaintiffs
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Santa Barbara, California
  • Practice Areas:
    Litigation - Banking and Finance Commercial Litigation Mass Tort Litigation / Class Actions - Plaintiffs
Lawyer
  • Location:
    San Diego, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    San Diego, California
  • Practice Areas:
    Commercial Litigation Litigation - Trusts and Estates
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation Litigation - Securities
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Mediation Commercial Litigation Arbitration
Lawyer
  • Location:
    San Diego, California
  • Practice Areas:
    Personal Injury Litigation - Plaintiffs Commercial Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation
Lawyer
Morgan Chu was awarded 2020 "Lawyer of the Year" in Elasticsearch.PracticeArea

Morgan Chu

Irell & Manella LLP
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation Technology Law Litigation - Patent Patent Law Litigation - Intellectual Property Trademark Law Bet-the-Company Litigation Information Technology Law
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Litigation - Real Estate Commercial Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Sports Law Commercial Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation Antitrust Law
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation Litigation - Labor and Employment
Lawyer
  • Location:
    San Diego, California
  • Practice Areas:
    Commercial Litigation Insurance Law
Lawyer
  • Location:
    Costa Mesa, California
  • Practice Areas:
    Commercial Litigation Litigation - Health Care Litigation - Intellectual Property
Lawyer
  • Location:
    Newport Beach, California
  • Practice Areas:
    Criminal Defense: White-Collar Commercial Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Litigation - Environmental Commercial Litigation
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Insurance Law Commercial Litigation Mass Tort Litigation / Class Actions - Defendants
Lawyer
  • Location:
    Palo Alto, California
  • Practice Areas:
    Commercial Litigation Criminal Defense: White-Collar
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Newport Beach, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Entertainment Law - Motion Pictures and Television Commercial Litigation
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Commercial Litigation Bet-the-Company Litigation Litigation - Securities
Lawyer
David B. Ezra was awarded  "Lawyer of the Year" in

David B. Ezra

Berger Kahn , ALC
  • Location:
    Irvine, California
  • Practice Areas:
    Commercial Litigation Litigation - Insurance Insurance Law
Lawyer
  • Location:
    Sacramento, California
  • Practice Areas:
    Commercial Litigation Litigation - Real Estate
Lawyer
  • Location:
    San Jose, California
  • Practice Areas:
    Commercial Litigation Litigation - Intellectual Property Litigation - Real Estate Litigation - Trusts and Estates
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Irvine, California
  • Practice Areas:
    Commercial Litigation Litigation - Intellectual Property Trademark Law Litigation - Patent
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation Bet-the-Company Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation Litigation - Securities Litigation - Regulatory Enforcement (SEC, Telecom, Energy) Criminal Defense: White-Collar
Lawyer
  • Location:
    Irvine, California
  • Practice Areas:
    Commercial Litigation Litigation - Intellectual Property
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Irvine, California
  • Practice Areas:
    Litigation - Intellectual Property Commercial Litigation
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Commercial Litigation Litigation - Intellectual Property Trademark Law
Lawyer
Lisa Gilford was awarded  "Lawyer of the Year" in

Lisa Gilford

Sidley Austin LLP
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Aviation Law Mass Tort Litigation / Class Actions - Plaintiffs Product Liability Litigation - Plaintiffs Employment Law - Individuals Personal Injury Litigation - Plaintiffs Commercial Litigation Litigation - Labor and Employment Consumer Law Labor Law - Union Environmental Law
Lawyer
  • Location:
    East Palo Alto, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Criminal Defense: White-Collar Bet-the-Company Litigation Litigation - Intellectual Property Commercial Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Criminal Defense: White-Collar Commercial Litigation
Lawyer
Andra Barmash Greene was awarded  "Lawyer of the Year" in

Andra Barmash Greene

Irell & Manella LLP
  • Location:
    Newport Beach, California
  • Practice Areas:
    Litigation - Intellectual Property Commercial Litigation Bet-the-Company Litigation
Lawyer
  • Location:
    San Diego, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Commercial Litigation Litigation - Antitrust
Lawyer
  • Location:
    Newport Beach, California
  • Practice Areas:
    Commercial Litigation Litigation - Real Estate
Lawyer
  • Location:
    Irvine, California
  • Practice Areas:
    Litigation - Insurance Insurance Law Commercial Litigation Mass Tort Litigation / Class Actions - Defendants
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Litigation - Real Estate Commercial Litigation Litigation - Securities Bet-the-Company Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Litigation - Securities Criminal Defense: White-Collar Commercial Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    San Diego, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Irvine, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Costa Mesa, California
  • Practice Areas:
    Litigation - Labor and Employment Litigation - Intellectual Property Commercial Litigation
Lawyer
  • Location:
    Los Angeles, California Newport Beach, California
  • Practice Areas:
    Bet-the-Company Litigation Commercial Litigation Criminal Defense: White-Collar
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation Bet-the-Company Litigation
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Commercial Litigation Litigation - Patent Litigation - Intellectual Property
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Irvine, California
  • Practice Areas:
    Litigation - Intellectual Property Commercial Litigation
Lawyer
John W. Keker was awarded  "Lawyer of the Year" in

John W. Keker

Keker, Van Nest & Peters LLP
  • Location:
    San Francisco, California
  • Practice Areas:
    Commercial Litigation Criminal Defense: White-Collar Bet-the-Company Litigation Criminal Defense: General Practice Professional Malpractice Law - Defendants Litigation - Intellectual Property
Lawyer
  • Location:
    Irvine, California
  • Practice Areas:
    Bet-the-Company Litigation Litigation - Intellectual Property Criminal Defense: White-Collar Commercial Litigation
Lawyer
  • Location:
    Santa Monica, California
  • Practice Areas:
    Commercial Litigation Media Law Entertainment Law - Music Litigation - Intellectual Property Entertainment Law - Motion Pictures and Television
Lawyer
  • Location:
    Newport Beach, California
  • Practice Areas:
    Commercial Litigation Litigation - Intellectual Property Litigation - Real Estate
Lawyer
  • Location:
    San Jose, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Newport Beach, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Santa Monica, California
  • Practice Areas:
    Commercial Litigation Litigation - Intellectual Property Entertainment Law - Motion Pictures and Television
Lawyer
  • Location:
    San Diego, California
  • Practice Areas:
    Legal Malpractice Law - Defendants Commercial Litigation Litigation - Real Estate
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation Litigation - Real Estate
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Commercial Litigation Bet-the-Company Litigation Litigation - Intellectual Property
Lawyer
  • Location:
    Santa Monica, California
  • Practice Areas:
    Commercial Litigation
Lawyer
Jeffrey T. Makoff was awarded  "Lawyer of the Year" in

Jeffrey T. Makoff

Valle Makoff LLP
  • Location:
    San Francisco, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Costa Mesa, California
  • Practice Areas:
    Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law Commercial Litigation
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Criminal Defense: White-Collar Commercial Litigation
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    San Diego, California
  • Practice Areas:
    Product Liability Litigation - Plaintiffs Commercial Litigation Personal Injury Litigation - Plaintiffs
Lawyer
  • Location:
    San Diego, California
  • Practice Areas:
    Litigation - Construction Construction Law Personal Injury Litigation - Plaintiffs Commercial Litigation Mass Tort Litigation / Class Actions - Plaintiffs
Lawyer
  • Location:
    San Jose, California
  • Practice Areas:
    Commercial Litigation Criminal Defense: White-Collar Litigation - Municipal Litigation - First Amendment Litigation - Intellectual Property Bet-the-Company Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation Litigation - Intellectual Property
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation Litigation - Securities
Lawyer
  • Location:
    Menlo Park, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Irvine, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Carlsbad, California
  • Practice Areas:
    Commercial Litigation
Lawyer
Timothy A. Miller was awarded  "Lawyer of the Year" in

Timothy A. Miller

Valle Makoff LLP
  • Location:
    Redwood City, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Sacramento, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation Criminal Defense: White-Collar
Lawyer
  • Location:
    San Diego, California
  • Practice Areas:
    Legal Malpractice Law - Defendants Commercial Litigation Antitrust Law Bet-the-Company Litigation
Lawyer
  • Location:
    Costa Mesa, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law Commercial Litigation Litigation - Bankruptcy
Lawyer
  • Location:
    Palo Alto, California
  • Practice Areas:
    Litigation - Securities Commercial Litigation
Lawyer
  • Location:
    Century City, California
  • Practice Areas:
    Bet-the-Company Litigation Commercial Litigation
Lawyer
  • Location:
    San Diego, California
  • Practice Areas:
    Legal Malpractice Law - Defendants Professional Malpractice Law - Defendants Commercial Litigation
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Antitrust Law Litigation - Antitrust Commercial Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Irvine, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Palo Alto, California
  • Practice Areas:
    Commercial Litigation Litigation - Securities
Lawyer
  • Location:
    Irvine, California
  • Practice Areas:
    Commercial Litigation Litigation - Intellectual Property
Lawyer
  • Location:
    Costa Mesa, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law Commercial Litigation
Lawyer
  • Location:
    San Diego, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Costa Mesa, California
  • Practice Areas:
    Commercial Litigation Litigation - Banking and Finance
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Woodland Hills, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Palo Alto, California
  • Practice Areas:
    Criminal Defense: General Practice Bet-the-Company Litigation Criminal Defense: White-Collar Commercial Litigation
Lawyer
  • Location:
    Irvine, California
  • Practice Areas:
    Bet-the-Company Litigation Commercial Litigation Litigation - Bankruptcy
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation Litigation - Antitrust
Lawyer
  • Location:
    Sacramento, California
  • Practice Areas:
    Business Organizations (including LLCs and Partnerships) Commercial Litigation
Lawyer
  • Location:
    Newport Beach, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    San Diego, California
  • Practice Areas:
    Litigation - Patent Litigation - Intellectual Property Commercial Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Litigation - Intellectual Property Commercial Litigation
Lawyer
  • Location:
    San Diego, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation
Lawyer
Peter S. Selvin was awarded  "Lawyer of the Year" in

Peter S. Selvin

Ervin Cohen & Jessup LLP
  • Location:
    Beverly Hills, California
  • Practice Areas:
    Commercial Litigation Insurance Law
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Commercial Litigation Criminal Defense: White-Collar Bet-the-Company Litigation
Lawyer
  • Location:
    Sherman Oaks, California
  • Practice Areas:
    Commercial Litigation
Lawyer
Craig S. Simon was awarded  "Lawyer of the Year" in

Craig S. Simon

Berger Kahn , ALC
  • Location:
    Irvine, California
  • Practice Areas:
    Commercial Litigation Insurance Law
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Litigation - Construction Commercial Litigation
Lawyer
  • Location:
    Irvine, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    San Diego, California
  • Practice Areas:
    Litigation - Intellectual Property Commercial Litigation Mass Tort Litigation / Class Actions - Defendants Litigation - Labor and Employment
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Litigation - Intellectual Property Commercial Litigation
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Commercial Litigation Bet-the-Company Litigation Criminal Defense: White-Collar
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Litigation - Banking and Finance Commercial Litigation
Lawyer
Michael H. Swartz was awarded  "Lawyer of the Year" in

Michael H. Swartz

Scheper Kim & Harris LLP
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Encino, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Costa Mesa, California
  • Practice Areas:
    Personal Injury Litigation - Defendants Commercial Litigation
Lawyer
  • Location:
    Irvine, California
  • Practice Areas:
    Litigation - Antitrust Commercial Litigation Litigation - Intellectual Property
Lawyer
  • Location:
    San Diego, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation

  • 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.