Business Litigation

Whether defending against allegations of anticompetitive conduct in civil, criminal, or regulatory proceedings, or bringing civil antitrust claims in federal or state courts on behalf of class members and companies, the stakes can be make-or-break in antitrust litigation. Success requires legal counsel that understands your industry, knows the law, and has the trial skills to make your case.  

Antitrust matters play to our firm’s core strength—the ability to develop and present compelling narratives based on complex fact patterns and legal concepts. At trial, on appeal, in settlement discussions, or in response to civil or criminal investigations, this ability can give our clients the best chance at success.

Zuckerman Spaeder develops and implements effective legal strategies for a wide range of insurance issues. Our plan for helping clients solve coverage disputes always starts with ascertaining the best route to success while contemplating the nature of the dispute and the client’s goals. When litigation is the best approach to solving the coverage dispute, our insurance lawyers—backed by the deep bench of our renowned litigation practice—seek a successful resolution in the courtroom.

We have obtained preliminary injunctions requiring D&O insurers to advance the defense costs our clients need to successfully defend themselves, fought multi-jurisdictional battles for insurers facing lead paint claims in the billions of dollars, and tried major insurance coverage cases to judgment. We have also settled dozens of insurance coverage claims for our insurer clients involving billions of dollars.

Contracts are the centerpiece of commercial activity, and often the most complex and high-stakes business disputes turn on the interpretation of contracts. We represent a broad range of institutional clients in enforcing contractual rights, defending against allegations of breach, and in many cases, both.  

Whether enforcing a contract on behalf of a multinational corporate client or extricating a client from a contract that threatens its success, we effectively protect our clients’ contractual interests. At the outset, we evaluate each dispute and advise our clients on the risks and cost of litigation, as well as on available alternatives. We always make sure our approach matches our clients’ goals and concerns.

Zuckerman Spaeder's intellectual property (IP) litigation and counseling practice is different from many specialty firms because we are, first and foremost, trial lawyers who handle all manner of complex civil and criminal litigation. We understand new areas of technology and importantly, how to present complex issues in ways that a judge and jury will comprehend.

We have both prosecuted and defended claims regarding the ownership, licensing, and infringement of intellectual property. And we have experience litigating false advertising claims, including those brought under the Lanham Act. Our matters have involved claims and defenses arising in the areas of copyright, trademark, patent, and trade secrecy law. We have represented firms and individuals involved in such varied enterprises as gaming, software, rail technologies, surgical devices, medical research, film production, and media. We have also represented law firms alleged to have breached the standard of care or ethical obligations in their handling of IP filings, registrations, and licenses.

Our deep white collar criminal experience provides us with an unusual depth in IP matters with both civil and criminal dimensions. We have defended clients suspected of IP-related crimes, counseled businesses and individuals concerning potential criminal misconduct related to IP, investigated data security breaches that raised civil and criminal exposures, and presented to federal prosecutors who were considering IP-related criminal charges.

To read more about our experience and capabilities related to our intellectual property practice, click here.

We advise public and private corporations, boards of directors and board committees, and individuals in litigation and investigations concerning corporate governance. We assist corporate clients in responding to shareholder demands—including establishing and interacting with special litigation and other board committees investigating them—and officers and directors whose conduct is the subject of shareholder demands and internal investigations. 

We also advise organizational and individual clients concerning their own fiduciary obligations and the fiduciary obligations of others, both prospectively—in order to avoid costly litigation—and retrospectively—in responding to allegations of wrongdoing.

We work closely with real estate developers, investors, financiers, and other clients to address disputes that arise from their real estate assets. Our clients range in size and financial strength from start-up and entrepreneurial ventures to more established players in the real estate industry. 

We represent clients in disputes concerning a broad range of real estate activities, including the purchase, financing, leasing, and management of real estate, among others. We are accomplished and comfortable in litigation and in arbitration, but we understand the benefit of achieving our clients’ goals through settlement and identify opportunities to do so as early as possible in our work for real estate clients.

When creditors’ claims are not satisfied during the course of bankruptcy proceedings, we have successfully pursued litigation to vindicate creditors’ rights. We have acted as special litigation counsel to creditors' committee and litigation trusts and have represented creditors, bankruptcy trustees, and equity holders in adversary suits and other proceedings before the bankruptcy court. 

Our attorneys take a solution-oriented approach designed to maximize returns and recoveries for our clients, while minimizing the disruption caused by litigation so that clients can focus on their businesses and their lives.

Our attorneys regularly defend private securities claims, including class actions, derivative suits, and Employee Retirement Income Security Act (ERISA) actions. Our experience makes us adept at quickly identifying the specific issues at the heart of claims against our clients, then developing and pursuing a litigation strategy that focuses intensely on those matters. Through this approach, we target our discovery efforts at locating documents and eliciting testimony that bolsters our clients’ defense. We also are skilled at working well with companies’ outside counsel and attorneys representing other defendants, and know how to work within joint defense agreements to best serve our clients’ interests.