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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.

“They are fantastic strategists. The firm has a very deep team and is excellent in handling a very complex and dynamic case.” – (client) Chambers USA 2025
“The firm has huge depth and breadth of expertise, with highly qualified and highly responsive attorneys. They provide thoughtful analysis that is legally sound and commercially reasonable.” – (client) Chambers USA 2025
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Our litigation strength has earned sterling reputation, including a Top 10 International Law Firm ranking by Legal Times Korea, an Honorable Mention for Litigation Department of the Year from The American Lawyer, and a spot on Law360’s list of “Firms That Dominated the Federal Circuit”.

Experience Highlights

  • Novartis Pharma AG in a suit filed in the U.S. District Court for the Southern District of New York 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 over 25 other countries.

  • 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 in a victory in a Department of Labor, Office of Administrative Law Judges administrative proceeding involving Sarbanes-Oxley whistleblower claims that was upheld by the Administrative Review Board and Second Circuit.

  • Gilead Sciences, HBOHoneywell, and Tandem Diabetes in obtaining dismissal of putative data breach class actions.

  • 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. Obtained dismissal with prejudice or 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 in which we obtained dismissal for lack of personal jurisdiction or based on application of foreign law, and briefed and argued multiple successful dispositive motions and appeals.

  • ​​​​​​Planned Parenthood, as lead trial counsel, in securing multimillion-dollar jury verdict, which was affirmed on appeal at the Ninth Circuit, on all claims against anti-abortion activists for RICO, trespass, fraud, illegal recording, and contract violations.

  • Nucor Corporation, as lead counsel defending against $500 million antitrust group boycott lawsuit by competitor related to U.S. national security tariffs on imported steel, resulting in dismissal of all claims with prejudice on multiple grounds and affirmed by the Fifth Circuit.

  • Samsung Electronics America in obtaining a rare dismissal of a nationwide data breach class action MDL in the District of New Jersey, where plaintiffs asserted class-wide and statutory claims in a 97-count consolidated complaint.

  • Marine mutual liability insurer as lead counsel, securing resolution of all 50+ injury and wrongful death claims before trial arising from the highly publicized collision between defendant's oil tanker and missile destroyer, after prevailing on several key procedural motions.

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Recognition

  • Chambers Asia-Pacific
    Dispute Resolution: International Firms (South Korea) (2024-2026)
  • Chambers Global
    Commercial and Corporate Litigation (UK) (2023-2024)
    Disputes (International & Cross-Border) (USA) (2021-2025)
    Dispute Resolution: International Firms (South Korea) (2021-2025)
  • Chambers USA
    Litigation: General Commercial (California) (2025)
    Litigation: General Commercial (Colorado) (2007-2025)
    Litigation: General Commercial (Illinois) (2016-2025)
    Litigation: General Commercial (Texas) (2024-2025)
    Litigation: General Commercial (New York) (2008-2025)
    Litigation: General Commercial (Washington, D.C.) (2006-2025)
  • Benchmark Litigation
    Highly Recommended — Dispute Resolution (District of Columbia) (2024-2026)
    Recommended — Dispute Resolution (California) (2024-2026)
    Recommended — Dispute Resolution (New York) (2024-2026)
  • Best Law Firms Ranked by Best Lawyers
    Commercial Litigation (Boston) (2025-2026)
    Commercial Litigation (Colorado) (2025-2026)
    Commercial Litigation (Houston) (2024-2026)
    Commercial Litigation (National) (2010-2026)
    Commercial Litigation (San Francisco) (2024-2026)
    Commercial Litigation (Washington, D.C.) (2010-2026)
    Bet-the-Company Litigation (San Francisco) (2020-2026)
    Ethics and Professional Responsibility Law (San Francisco) (2026)
  • BTI Consulting Group
    Intimidating Opponent in Litigation (2023-2026)
    Commercial Litigation Powerhouses (2026)
    Complex Commercial Litigation Powerhouses (2024-2026)
    Gen AI Litigation Leaders (2026)
    Best of the Best Law Firms in Class Actions (2024-2025)
  • The Legal 500 UK
    Dispute Resolution: Commercial Litigation (Premium) (2017-2026)
  • The Legal 500 US
    General Commercial Disputes (2015-2025)
    International Litigation (2018-2025)
    Securities Litigation: Defense (2014-2025)
  • Chambers Europe
    Commercial and Corporate Litigation (UK) (2023-2024)
  • Chambers UK
    Commercial and Corporate Litigation (London) (2018-2024)
  • FT Innovative Lawyers
    “Standout” North America (2023)