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Commercial Litigation

Adept at combining business practicality with creative litigation strategies, Arnold & Porter has an established track record for resolving high-stakes disputes across the commercial landscape. As seasoned trial lawyers, we bring the analytical and strategic firepower to achieve your objectives — however you define success — whether it be through early motions, summary judgment, favorable settlement, trial, or arbitration. Our litigation teams are diverse and combine subject-matter expertise with sophisticated advocacy skills to deliver effective solutions to complex or seemingly intractable disputes. Our record of success spans the full range of business issues, including breach of contract and fiduciary duties, licensing, M&A (including earn-out and CBE clauses) and indemnification disputes, RICO, fraud, state consumer protection laws and consumer fraud, and alter ego and veil piercing claims.

  • Trusted Advisors Who Can Try Cases: We work closely with our clients to define and achieve their litigation objectives. Our deep bench of first-chair trial lawyers prepares each case for trial at the outset, enabling clients to pursue their desired result aggressively.

  • Renowned Regulatory and Industry Experience: Integrating the distinctive expertise of our firm's leading regulatory practices gives us an edge in devising creative, effective solutions.

  • Premier Class and Mass Action Defense: We are known for developing innovative ways to defeat class actions and we are frequently called on to serve as national counsel in multidistrict or multiforum mass actions.

"Their best quality is thinking two steps ahead in litigation strategy; they're very quick, creative and strategic." — Client, Chambers USA
"[. . .] definitely the go-to team for our biggest cases; absolutely top notch, insanely thoughtful and detailed." — Client, Chambers USA
BTI Consulting Group
Most Feared in Litigation (2023)

Experience Highlights

  • Novartis Pharma AG in a suit against Amgen relating to the parties’ collaboration in connection with the development and sale of a new migraine therapy, Aimovig®, in the U.S. and more than 25 other countries. The SDNY entered partial judgment on the pleadings in the client’s favor finding no breach of the U.S. agreement.
  • 7-Eleven in successful defense against purported class action claiming that 7-Eleven franchisees are employees of 7-Eleven and entitled to overtime and expense reimbursement.
  • New York Community Bancorp (NYCB) in a significant trial victory in the New York State Court and the Department of Labor’s Administrative Review Board (ARB) in connection with the termination of several employees.
  • Gilead Sciences, HBO, Honeywell, and Tandem Diabetes in obtaining dismissal of putative data breach class actions.
  • Jefferies LLC in successful defense of $100 million suit relating to the tax increment finance sale of a historic hotel and library in Dallas, Texas. Obtained a complete dismissal with prejudice of all claims in the Second Court of Appeals and at trial court in Fort Worth, Texas, and successfully recovered attorney fees. 
  • Carnival Corporation and its subsidiaries as co-lead counsel in defense of multiple class actions and 200+ individual wrongful-death and personal injury claims arising from the COVID-19 pandemic. Secured dismissal with prejudice and favorable resolution of all actions and established ground-breaking precedents in COVID claims.
  • European multinational aerospace corporation in numerous wrongful death and personal injury actions that were dismissed for lack of personal jurisdiction or based on application of foreign law, including briefing and arguing multiple successful dispositive motions and appeals.
  • Samsung in successfully resolving all claims relating to a nationwide class action MDL involving a voluntary recall of 34 top-load washing machines, including a victory in the Court of Appeals for the Tenth Circuit.
  • Leading international shipbuilder in obtaining summary judgment for dismissing civil RICO and fraud litigation brought by a state-owned multinational energy company that claimed over $2 billion in damages.
  • Planned Parenthood Federation of America, as lead trial counsel, in jury trial of claims against anti-abortion activists for RICO, trespass, fraud, and other violations. Obtained multi-million dollar verdict after six-week trial.
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