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Practice/Industry Group Overview
Baker Hostetler represents business clients of all sizes in litigation that is as diverse and complex as their markets and customers. We advise business owners, executives and corporate counsel on litigation that can impact their company's commercial practices, bottom line and, in some cases, continued existence. We have a proven track record of achieving results. We resolve domestic and international disputes for business clients as plaintiffs and as defendants, in federal and state courts, international arbitration forums and before administrative agencies.
We are effective commercial litigators because we invest in knowing our clients' businesses and understand their goals. Our interdisciplinary approach to commercial disputes enables us to address contract, energy, construction, distribution, real estate, insurance, tax and financial issues as business concerns, not just elements of trial strategy. If an effective settlement isn't possible, we will aggressively take cases to trial.
This expertise has led to extraordinary results: Baker Hostetler has achieved the following outcomes for clients in the last two years:
- $62 million jury verdict against a global software company in federal court
- Declaratory judgment in favor of a client who invested $30 million in a subsidiary and a bench trial ruling in federal court dismissing over $25 million in tortious interference counterclaims and awarding Baker Hostetler's clients its fees and costs
- Multimillion-dollar arbitration settlement for an international engineering firm over construction of a petrochemical plant
- Jury verdict upholding our client's rights in a trademark dispute in federal court
- Trial verdict successfully defending a billion dollar antitrust claim in federal court
- Multimillion-dollar arbitration award for an international energy supply company which was successfully defended and enforced in a foreign court
- No liability jury verdict against plaintiffs' royalty claims against a major natural gas producer
- Dismissal of contract and commission claims in excess of $7 million against an international technology company by a former employee
These recent results are examples of the drive and dedication that Baker Hostetler's attorneys bring to our clients -- in any part of the country. We always work with our clients to achieve their objectives at the trial court level or in other dispute resolution proceedings.
We are effective in court because we know our clients' businesses and understand their goals.
Leadership in Action
Commercial Litigation: Handling a Contract and Securities Dispute Involving a Medical Supply Subsidiary
Client: A major provider of scientific and medical equipment
Type of Matter: Three lawsuits involving disputes over ownership of a recently acquired subsidiary and related employment issues from the company's prior owner
Our Client's Challenge: To stop the loss of an investment of over $30 million in equity and debt and to defend itself from over $25 million in individual counterclaims.
The Goal: Advance the case in the proper forum under the parties' agreements and enforce the parties' agreements concerning the stock and related rights.
Our Strategy: Pursue the case through trial and verdict.
Results: A decisive series of rulings from a Texas federal court granting the client the right to retain the stock and upholding the $30 million investment. After a bench trial, the remaining counterclaims were dismissed in a take-nothing judgment, and Baker Hostetler obtained a multi-million dollar award for the client to recover its fees and costs.
Leadership in Action
Commercial Litigation: Assisting a Major Contractor in Litigation Over Construction of A Premier Petrochemical Plant
Client: International engineering and construction firm
Type of Matter: Filing as Claimant an arbitration before the American Arbitration Association of claims related to the EPC contract for building a major petrochemical facility
Our Client's Challenge: The owner refused to compensate the Firm's client for additional expenses and costs incurred in the tens of millions of dollars and refused to return a large letter of credit on the Project.
The Goal: Secure the return of the Letter of Credit and obtain an award or settlement to compensate our client.
Our Strategy: Pursue claims in both contract and equity against the owners showing full knowledge by their management that the EPC contractor incurred additional costs. Once this fact was evident, use the information to obtain and enforce an arbitration award or settlement.
Results: A favorable settlement to our client for cash, return of the Letter of Credit, all valued in excess of $10 million, and a complete release from any further exposure to warranty or operational defect claims.
Leadership in Action
Commercial Litigation: Dismissing a Mass-Tort Environmental Case for an International Wood Manufacturer
Client: Major international manufacturer of wood and paper products
Type of Matter: A mass-tort claim filed in state court in Mississippi in an unfavorable jurisdiction asserting a multimillion dollar damage claim from contamination of air and groundwater as a by-product of manufacturing of plywood
Our Client's Challenge: To demonstrate to the Court the frivolous nature of the suit and the lack of any scientific basis to the claim.
The Goal: Achieve dismissal of our client, who was one of numerous defendants named in the action and thus was subject to years of costly and expensive litigation.
Our Strategy: Work as regional counsel to oversee the litigation with local counsel in Mississippi to squarely present the lack of liability evidence to the Court in motions without the costs of protracted litigation.
Results: A summary judgment in favor of our client with no liability imposed by the Court.
Commercial Litigation Experience
- Defended a medical and scientific equipment company from a hostile attempt to force the sale of shares in a subsidiary in which the client had invested $30 million and obtained a take nothing judgment on $25 million in counterclaims in a bench trial in federal court in Texas.
- Obtained a jury verdict in our client's favor on an alleged trademark infringement suit in federal court in New York.
- Successfully defended a $1 billion dollar claim alleging antitrust violations in federal court in New York.
- Obtained a $62 million jury verdict for software infringement in federal court in Virginia.
- Enforced a $1.2 million arbitration award through a federal court judgment in Texas against a Norwegian company and successfully obtained dismissal of counterclaims filed in a related state court action for over $4 million against our client.
- Successfully handled federal court litigation and settled an arbitration in Texas over subcontractor claims involving a $250 million offshore oil and gas production platform.
- Obtained a multimillion dollar settlement on oil production claims for a Maryland corporation which owns and operates refineries on the East Coast.
- Obtained a jury verdict for a major gas producer against a $30 million dollar allegation of royalty claims in a Texas state court.
- Secured a temporary restraining order against a New Jersey subcontractor that held the steel for an Ohio shopping center project hostage and demanded more money. We proved title to the steel in Ohio, secured a New Jersey order to proceed, then hired marshals and bodyguards to take possession.
- Defended a Tier 2 auto parts supplier, when a small company it had acquired claimed our client had shifted work away from them to avoid paying a performance bonus. We won summary judgment by demonstrating that nothing in the acquisition agreement prohibited shifting work.
- Handled the largest dealer termination case in U.S. history, terminating a dealer by initiating litigation in 12 different states; all cases were won within six months.
- Represented a producer of oilfield and refinery equipment, in a dispute involving the sale of new technology developed by a subcontractor. The subcontractor claimed it was not bound by our prime contract with a customer, but we obtained favorable rulings in federal and state courts.
- Defended a major energy company in a lawsuit involving claims of oil and gas lease termination and bad faith trespass. The plaintiffs demanded $2 billion in damages, but we secured a take-nothing judgment against them and were awarded our attorney's fees.
- Secured a judgment for a construction company that had been terminated for contract default in a building project for a Veterans Administration Hospital, demonstrating that the VA was at fault for the project's problems.
About Baker Hostetler's Litigation Team
When the stakes are bet-the-company monetary damages, potential criminal sentences, and intense scrutiny in the court of public opinion, the 200-plus litigators of Baker Hostetler are a team to depend on. We have the kind of credentials you expect from a leading national litigation firm and a client base we have protected in and out of court for decades.
What really sets us apart is our practical experience as trial lawyers. The Baker Hostetler team includes former top prosecutors of the U.S. Justice Department (four of whom received the Attorney General's Distinguished Services Award), former prosecutors for major municipalities, veteran civil trial attorneys and enforcement officials from various federal agencies, from the Department of Energy to the SEC and NASD.
About Baker Hostetler
Baker Hostetler lawyers help clients establish, maintain and protect market-leading positions across the United States and around the world. We offer clients the strength of 600+ lawyers in a full range of practices, a unique geographic platform including both the coasts and the center of the country, a deep knowledge of industry issues and a 90-year track record of excellence and achievement.
For more information about our Commercial Litigation practice:
National Contact
C. Thomas Kruse
713.646.1365
tkruse@bakerlaw.com
Cincinnati
William Appleton
513.929.3403
wappleton@bakerlaw.com
Cleveland
Ronald S. Okada
216.861.7645
rokada@bakerlaw.com
Columbus
George Hairston
614.462.2638
ghairston@bakerlaw.com
Costa Mesa
George T. Mooradian
714.966.8800
gmooradian@bakerlaw.com
Denver
Raymond Sutton
303.764.4103
rsutton@bakerlaw.com
Houston
C. Thomas Kruse
713.646.1365
tkruse@bakerlaw.com
Los Angeles
Helen B. Kim
213.975.1611
hkim@bakerlaw.com
New York
George Stamboulidis
212.589.4211
gstamboulidis@bakerlaw.com
Orlando
Michael R. Levin
407.649.4698
mlevin@bakerlaw.com
Washington, DC
William Schweitzer
202.861.1531
wschweitzer@bakerlaw.com
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