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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.

Litigation Department of the Year, Honorable Mention

The American Lawyer (2019)

"[. . .] definitely the go-to team for our biggest cases; absolutely top notch, insanely thoughtful and detailed." —Chambers USA Client
BTI Consulting Group
Most Feared in Litigation (2022)

Experience Highlights

  • BP West Coast Products in securing jury trial victory against allegations of overcharging and a defective point-of-sale computer system. Hoskin Hogan v. BP West Coast Products LLC
  • Major pharmaceutical company in successful arbitration involving breach of contract alleged by biotechnology investment firm regarding the conduct of clinical trials.
  • 7-Eleven in putative class actions alleging breach of contract/warranty, misrepresentation, consumer fraud, and false advertising.
  • Brooks Brothers, Barnes & Noble, Horizon Healthcare, Leidos, and University of Vermont Health Network in obtaining dismissal of putative data breach class actions.
  • Carnival Corporation, as lead counsel for the defendants, in securing dismissal of all US claims for lawsuits and appeals across the US arising from the widely publicized January 2010 shipwreck involving the Costa Crociere cruise ship Costa Concordia.
  • Estera Trust (Jersey) Limited and Herinder Singh in securing victory in a shareholder dispute involving the Radisson Edwardian group of hotels in London.
  • JPMorgan Chase in successful defense and appeal of Sarbanes-Oxley whistleblower case.
  • CoreSite, an NYSE-listed REIT founded by the Carlyle Group, in securing a unanimous jury verdict against claims of breach of contract, federal and state trademark and trade dress, unfair competition, and state Consumer Protection Act. Coresite v. DGEB Management
  • Samsung in defense of claims for breach of a contractual indemnification provision filed by CSC Holdings, LLC (Cablevision) in the New York State Commercial Division. CSC Holdings v. Samsung
  • Controlling class of noteholders of Zohar III Corp. in litigation in various courts arising from the Zohar III bankruptcy cases.
Language - English

Focus Areas

Key Contacts

Kenneth L. Chernof
Kenneth L. Chernof
Washington, D.C.
+1 202.942.5940
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    “Standout”—North America (2023)
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