Best Lawyers for Commercial Litigation in California, United States

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Lawyer
  • Location:
    San Diego, California
  • Practice Areas:
    Commercial Litigation Litigation - Intellectual Property Litigation - Patent
Lawyer
  • Location:
    Santa Ana, California
  • Practice Areas:
    Commercial Litigation Personal Injury Litigation - Plaintiffs Bet-the-Company Litigation Product Liability Litigation - Plaintiffs
Lawyer
  • Location:
    San Diego, California
  • Practice Areas:
    Litigation - Intellectual Property Commercial Litigation Litigation - Real Estate
Lawyer
  • Location:
    San Diego, California
  • Practice Areas:
    Personal Injury Litigation - Plaintiffs Commercial Litigation Eminent Domain and Condemnation Law Litigation - Real Estate
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    San Jose, California
  • Practice Areas:
    Litigation - Labor and Employment Litigation - Securities Corporate Law Litigation - Intellectual Property Commercial Litigation
Lawyer
  • Location:
    San Diego, California
  • Practice Areas:
    Litigation - Intellectual Property Litigation - Patent Commercial Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Mass Tort Litigation / Class Actions - Defendants Commercial Litigation Product Liability Litigation - Defendants
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    San Clemente, California
  • Practice Areas:
    Commercial Litigation Criminal Defense: White-Collar
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Criminal Defense: White-Collar 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:
    Commercial Litigation Litigation - Construction Construction Law
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation Litigation - Intellectual Property Litigation - First Amendment Appellate Practice Media Law Bet-the-Company Litigation
Lawyer
  • Location:
    San Diego, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation Bet-the-Company Litigation Corporate Governance Law Criminal Defense: White-Collar Corporate Compliance Law
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Commercial Litigation Criminal Defense: White-Collar
Lawyer
  • Location:
    San Diego, California
  • Practice Areas:
    Commercial Litigation Personal Injury Litigation - Defendants Legal Malpractice Law - Defendants
Lawyer
  • Location:
    Santa Ana, California
  • Practice Areas:
    Commercial Litigation Personal Injury Litigation - Plaintiffs
Lawyer
  • Location:
    San Francisco, 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
Lawyer
Cedric C. Chao was awarded  "Lawyer of the Year" in

Cedric C. Chao

DLA Piper LLP
  • Location:
    San Francisco, California
  • Practice Areas:
    Mediation Arbitration Commercial Litigation
Lawyer
  • Location:
    San Francisco, California San Diego, California
  • Practice Areas:
    Commercial Litigation Personal Injury Litigation - Plaintiffs
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation
Lawyer
Morgan Chu was awarded 2019 "Lawyer of the Year" in Elasticsearch.PracticeArea

Morgan Chu

Irell & Manella LLP
  • Location:
    Los Angeles, California
  • Practice Areas:
    Patent Law Technology Law Trademark Law Information Technology Law Litigation - Patent Bet-the-Company Litigation Commercial Litigation Litigation - Intellectual Property
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Litigation - Real Estate Commercial Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Burlingame, California
  • Practice Areas:
    Commercial Litigation Legal Malpractice Law - Plaintiffs Mass Tort Litigation / Class Actions - Plaintiffs Bet-the-Company Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Antitrust Law Commercial Litigation
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 - Intellectual Property Litigation - Health Care
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 Appellate Practice
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
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Litigation - Securities Commercial Litigation Bet-the-Company Litigation
Lawyer
David B. Ezra was awarded 2019 "Lawyer of the Year" in Elasticsearch.PracticeArea

David B. Ezra

Berger Kahn , ALC
  • Location:
    Irvine, California
  • Practice Areas:
    Insurance Law Litigation - Insurance Commercial Litigation
Lawyer
  • Location:
    Sacramento, California
  • Practice Areas:
    Commercial Litigation Litigation - Real Estate
Lawyer
  • Location:
    San Jose, California
  • Practice Areas:
    Commercial Litigation Litigation - Trusts and Estates Litigation - Intellectual Property Litigation - Real Estate
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:
    Commercial Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Bet-the-Company Litigation Commercial Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation Criminal Defense: White-Collar Litigation - Regulatory Enforcement (SEC, Telecom, Energy) Litigation - Securities
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Trademark Law Commercial Litigation Litigation - Intellectual Property
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation Labor Law - Union Employment Law - Individuals Personal Injury Litigation - Plaintiffs Environmental Law Aviation Law Mass Tort Litigation / Class Actions - Plaintiffs Product Liability Litigation - Plaintiffs Litigation - Labor and Employment
Lawyer
  • Location:
    East Palo Alto, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Litigation - Intellectual Property Criminal Defense: White-Collar Commercial Litigation Bet-the-Company 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:
    Bet-the-Company Litigation Commercial Litigation Litigation - Intellectual Property
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Real Estate Law Commercial Litigation
Lawyer
  • Location:
    San Diego, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Commercial Litigation Litigation - Antitrust
Lawyer
  • Location:
    Irvine, California
  • Practice Areas:
    Insurance Law Litigation - Insurance Commercial Litigation Mass Tort Litigation / Class Actions - Defendants
Lawyer
  • Location:
    San Diego, California
  • Practice Areas:
    Commercial Litigation Mass Tort Litigation / Class Actions - Plaintiffs
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Litigation - Real Estate Commercial Litigation Bet-the-Company Litigation Litigation - Securities
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Criminal Defense: White-Collar Commercial Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    La Jolla, California
  • Practice Areas:
    Commercial Litigation Employment Law - Management
Lawyer
  • Location:
    Costa Mesa, California
  • Practice Areas:
    Litigation - Intellectual Property Commercial Litigation Litigation - Labor and Employment
Lawyer
  • Location:
    Newport Beach, California
  • Practice Areas:
    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:
    Litigation - Patent Commercial Litigation Litigation - Intellectual Property
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Commercial Litigation Litigation - Bankruptcy
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:
    Criminal Defense: General Practice Professional Malpractice Law - Defendants Commercial Litigation Criminal Defense: White-Collar Litigation - Intellectual Property Bet-the-Company Litigation
Lawyer
  • Location:
    Irvine, California
  • Practice Areas:
    Criminal Defense: White-Collar Criminal Defense: General Practice Litigation - Intellectual Property Commercial Litigation
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Santa Monica, California
  • Practice Areas:
    Entertainment Law - Motion Pictures and Television Media Law Litigation - Intellectual Property Entertainment Law - Music Commercial Litigation
Lawyer
  • Location:
    Newport Beach, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    San Diego, 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:
    Commercial Litigation Litigation - Real Estate
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation Litigation - Real Estate
Lawyer
  • Location:
    Irvine, California
  • Practice Areas:
    Litigation - Real Estate Commercial Litigation
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Bet-the-Company Litigation Litigation - Intellectual Property Commercial Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Santa Monica, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • 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:
    Commercial Litigation Criminal Defense: White-Collar
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Burlingame, California
  • Practice Areas:
    Personal Injury Litigation - Plaintiffs Commercial Litigation
Lawyer
  • Location:
    San Diego, California
  • Practice Areas:
    Commercial Litigation Personal Injury Litigation - Plaintiffs Product Liability Litigation - Plaintiffs
Lawyer
  • Location:
    San Diego, California
  • Practice Areas:
    Commercial Litigation Mass Tort Litigation / Class Actions - Plaintiffs Construction Law Personal Injury Litigation - Plaintiffs Litigation - Construction
Lawyer
  • Location:
    San Jose, California
  • Practice Areas:
    Criminal Defense: White-Collar Bet-the-Company Litigation Commercial Litigation Litigation - Municipal Litigation - First Amendment Litigation - Intellectual Property
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
  • 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 Bet-the-Company Litigation Commercial Litigation
Lawyer
  • Location:
    Costa Mesa, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Palo Alto, California
  • Practice Areas:
    Litigation - Securities Commercial Litigation
Lawyer
  • Location:
    San Diego, California
  • Practice Areas:
    Legal Malpractice Law - Defendants Commercial Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation Bet-the-Company Litigation Copyright Law
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Antitrust Law Commercial Litigation Litigation - Antitrust
Lawyer
  • Location:
    San Diego, California
  • Practice Areas:
    Corporate Governance Law Corporate Compliance Law Commercial Litigation Litigation - Securities
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Palo Alto, California
  • Practice Areas:
    Commercial Litigation Litigation - Securities
Lawyer
  • Location:
    Costa Mesa, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    San Diego, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Bet-the-Company Litigation Commercial Litigation Criminal Defense: White-Collar
Lawyer
  • Location:
    Woodland Hills, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Palo Alto, California
  • Practice Areas:
    Commercial Litigation Criminal Defense: White-Collar Criminal Defense: General Practice Bet-the-Company Litigation
Lawyer
  • Location:
    Irvine, California
  • Practice Areas:
    Commercial Litigation Litigation - Bankruptcy Bet-the-Company Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Litigation - Antitrust Commercial Litigation
Lawyer
  • Location:
    San Diego, California
  • Practice Areas:
    Commercial Litigation Litigation - Patent
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation Litigation - Intellectual Property
Lawyer
  • Location:
    San Diego, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation Insurance Law
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Commercial Litigation Bet-the-Company Litigation Criminal Defense: White-Collar
Lawyer
  • Location:
    Sherman Oaks, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Litigation - Construction Commercial Litigation
Lawyer
  • Location:
    Irvine, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Energy Law Commercial Litigation Litigation - Securities Bet-the-Company Litigation
Lawyer
  • Location:
    San Diego, California
  • Practice Areas:
    Commercial Litigation Litigation - Labor and Employment Litigation - Intellectual Property
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Litigation - Intellectual Property Commercial Litigation
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Litigation - Banking and Finance Commercial Litigation
Lawyer
  • Location:
    San Francisco, California
  • Practice Areas:
    Criminal Defense: White-Collar Commercial Litigation Bet-the-Company Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Bet-the-Company Litigation Commercial Litigation Litigation - Patent
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation Litigation - Banking and Finance
Lawyer
  • Location:
    San Diego, California
  • Practice Areas:
    Bet-the-Company Litigation Criminal Defense: White-Collar Product Liability Litigation - Defendants Commercial Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Encino, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Costa Mesa, California
  • Practice Areas:
    Commercial Litigation Personal Injury Litigation - Defendants
Lawyer
  • Location:
    Irvine, California
  • Practice Areas:
    Litigation - Intellectual Property Litigation - Antitrust Commercial Litigation
Lawyer
  • Location:
    San Diego, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Irvine, California
  • Practice Areas:
    Commercial Litigation Litigation - Real Estate
Lawyer
  • Location:
    Walnut Creek, California
  • Practice Areas:
    Commercial Litigation Personal Injury Litigation - Plaintiffs Bet-the-Company Litigation
Lawyer
  • Location:
    Irvine, California
  • Practice Areas:
    Litigation - Real Estate Commercial Litigation
Lawyer
  • Location:
    San Diego, California
  • Practice Areas:
    Commercial Litigation
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Commercial Litigation Bet-the-Company Litigation
Lawyer
  • Location:
    Santa Monica, California
  • Practice Areas:
    Entertainment Law - Music Commercial Litigation Litigation - Intellectual Property Entertainment Law - Motion Pictures and Television Criminal Defense: General Practice Criminal Defense: White-Collar
Lawyer
  • Location:
    San Diego, California
  • Practice Areas:
    Legal Malpractice Law - Defendants Personal Injury Litigation - Defendants Litigation - Real Estate Litigation - Intellectual Property Commercial Litigation
Lawyer
  • Location:
    San Juan Capistrano, California
  • Practice Areas:
    Commercial Litigation Criminal Defense: White-Collar
Lawyer
  • Location:
    Los Angeles, California
  • Practice Areas:
    Criminal Defense: White-Collar Commercial Litigation
Lawyer
  • Location:
    Newport Beach, 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.
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.