Business Litigation

Litigation has become a cost of doing business in today’s litigious environment.

But at Zuckerman Spaeder, we are committed to making sure you get value for your litigation costs.

This means being smart about when and where to litigate. It means being rigorous and creative in analyzing complex legal disputes. It means being prepared, so there are no surprises. And most of all, it means being strategic in identifying and pursuing your business goals.

Zuckerman Spaeder handles a broad array of complex commercial disputes, nationally and internationally, including “bet-the-company” lawsuits, private securities and shareholder derivative actions, insurance coverage litigation, professional malpractice claims, antitrust litigation, and class actions, class actions, and intellectual property litigation among others.


We are courtroom lawyers who try civil cases in federal and state courts and in arbitrations. But litigation is a means, not an end, to achieve our clients’ business objectives. We focus on developing strategies and tactics that reflect what you, our client, hope to achieve.

Civil litigation can be costly. We work with every client to define case-specific objectives that allow each matter to be pursued consistent with the client’s goals and resources. We’re also comfortable considering alternatives to the traditional hourly model for legal fees.


Antitrust

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.

Insurance

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.

Contract disputes

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.

Intellectual Property

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.

Corporate governance

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.

Real estate

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.

Creditors’ rights and bankruptcy

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.

Securities Litigation

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.


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Meet the team
Almas Abdulla_Listing

Almas Abdulla

Associate

Leila Bijan

Leila Bijan

Associate

Dwight P. Bostwick

Dwight P. Bostwick

Partner and Firm Co-Chair

Aaron Chou

Aaron Chou

Associate

Jay T. Cohen_listing

Jay T. Cohen

Staff Attorney/Baseball Specialist

Melody Harness

Melody L. Harness

Staff Attorney

Melinda Harris

Melinda Harris

Staff Attorney

Rob Jaffe_listing

Robert E. Jaffe

Staff Attorney

Lisa Kilbride

Lisa M. Kilbride

Staff Attorney

Janice Lee_Listing

Janice Lee

Staff Attorney Manager/Staff Attorney

Drew McWilliams

Andrew S. McWilliams

Staff Attorney

Caroline Judge Mehta_Listing

Caroline Judge Mehta

Partner and Firm Co-Chair

M Moore_Listing

M Moore

Associate

Bryan Reines

Bryan Reines

Associate

Cy Smith

Cy Smith

Partner

William W. Taylor, III_listing

William W. Taylor, III

Firm Founder and Senior Counsel

David Wong

David Wong

Staff Attorney

Roger E. Zuckerman_listing

Roger E. Zuckerman

Firm Founder and Senior Counsel