Know-How and Proven Results in Complex Business Disputes
Barclay Damon’s litigation team has a deep understanding of the complex business challenges our clients face. In courtrooms across the country, our trial attorneys represent a wide-ranging clientele, from multinational corporations to emerging start-ups, in virtually every industry, including tech, health care, biosciences, education, manufacturing, finance, e-commerce, construction, and hospitality. Our team handles the full spectrum of complex business disputes, whether the subject matter involves multimillion dollar contract claims; intellectual property litigation, including technology and licensing issues; unfair competition; corporate governance and control issues; partnership disputes; mergers and acquisitions; large construction projects; real estate and development contracts; or other complicated issues. Chambers & Partners ranks Barclay Damon’s Commercial Litigation & Complex Trials Practice Area among top general commercial litigation practices, noting, “Barclay Damon LLP has a strong civil litigation practice . . . advising on a range of commercial disputes for public and private companies. The firm covers a range of cases encompassing payment issues, contracts, construction, and energy. It is also regularly called upon for its strengths in representing corporations of all sizes as well as individuals, before the courts in alternative dispute resolution.”
A Winning Approach
A Highly Skilled Team: Our 90-plus trial lawyers include industry veterans, former state and federal prosecutors and judicial law clerks, regulatory agency counsel, and business leaders.
Early Assessment and Proactive Communication: We go beyond simply responding to disputes. We proactively assess potential issues, provide transparent cost estimates, and offer strategic planning to shape a favorable record and maximize outcomes. And because we understand the financial burden of litigation, we explore creative strategies to resolve disputes outside of court whenever possible.
Trial-Ready Excellence: But when a trial is needed to secure a win, our litigators are skilled trial lawyers known for delivering compelling arguments and achieving favorable trial verdicts.
Proven Success: Delivering Wins
Examples of our winning approach include:
- Successful representation of a major general contractor in a fiercely contested and highly publicized case involving the Silver Spring Transit Center project in Montgomery County, Maryland, where after four weeks of trial, the county dropped its multimillion-dollar claims and instead agreed to pay our client $3 million on the client's affirmative claims.
- Successful defense of a multinational corporation in a lawsuit claiming the operation of a 13,000-plus-acre underground mining operation had not been subjected to an adequate environmental impact review.
- Successful representation of a power-company owner of a $533 million power-plant construction project in a series of complex arbitration proceedings against one of the world's largest contractors, which sought more than $94 million in additional compensation. After 53 days of testimony from several dozen witnesses, arbitrators rendered decisions in favor of the client’s counterclaims, awarding the client nearly $30 million in liquidated damages.
- Successful representation of an investment advisor and its officers and directors over a five-year period following losses arising out of the Madoff Ponzi scheme. The representation included successfully resolving issues identified in an investigation by the Securities and Exchange Commission and settling—after years of hard-fought litigation—claims lodged in multiple securities class action matters as well as ERISA claims brought by the Department of Labor.
- A dismissal obtained with prejudice of Federal Defend Trade Secrets Act (DTSA) claims in a $200 million action against a client in the US District Court for the Southern District of New York.
- Successful defense of a California company against an investment group attempting to dismantle $300 million of student loan bonds.
- Successful representation of the State of New Jersey in a $60 million lawsuit brought by a major international contractor on a large Superfund remediation project, counterclaiming for millions of dollars in liquidated damages due to project delay, and obtaining a highly favorable settlement on the eve of trial after effective motions for partial summary judgment and expert testimony showing the contractor underbid by millions.
- Representation of a leading California-based biotechnology company as co-counsel in establishing exclusivity of a university gene-sequencing patent license, following successful trial of declaratory judgment action against an inventor-professor and the university brought in the Massachusetts Superior Court’s complex business litigation session.
- Successful representation of a historic hotel in achieving the settlement of disputes related to the construction of the hotel, including 25 mechanic’s lien claims brought by the general contractor and subcontractors.
- Summary judgment won for a third-party benefits provider for self-funded health- and risk-management plans in a pair of federal civil-rights actions challenging the manner in which medical benefits were paid.
- Effective representation of a developer in two related lawsuits involving a tenants association’s assignment of its rights to purchase a $40 million high-rise residential apartment building, first obtaining both a temporary restraining order and preliminary injunction barring the tenants association from assigning rights to purchase the building to anyone other than our client and then successfully negotiating a court-approved settlement.
AFAs and Litigation Financing
Barclay Damon offers a range of alternative fee arrangements (AFAs) that have been successfully implemented for our clients in a variety of circumstances. We also help clients secure financing through third-party funding companies for high stake, costly litigated matters. Barclay Damon will be pleased to collaborate with you to evaluate the most effective fee structure and financing for your matters.
Barclay Damon: Your Trusted Partner in Complex Litigation
Our team is results-driven, with a proven track record of winning complex cases. Trust Barclay Damon’s litigation team to deliver success for your business.