Business Litigation

Experienced. Recognized. Trusted.

Frost Brown Todd’s Business Litigation Practice Group handles a wide variety of business and commercial litigation matters. Members of our group are widely recognized as some of the best business litigators in our five-state region (Ohio, Kentucky, Indiana, Tennessee, and West Virginia), with a number of us listed in the Best Lawyers in America (25 FBT attorneys are listed in the 2010 Edition for Commercial Litigation) and other similar publications. Members of our Practice Group have clerked for judges on the United States Court of Appeals for the Sixth Circuit, the United States District Courts in Kentucky, Ohio, and Tennessee, and various trial and appellate courts in Ohio, Kentucky, and other states, giving them great insight into and familiarity with the practices of the judges where our offices are located. Members of the Business Litigation Practice Group have also served in the Justice Department of the United States, as Assistant United States Attorneys, as state-level prosecutors, and as public defenders, enabling us to provide experience and expertise in criminal and enforcement matters brought by federal and state prosecutors and agency officials.

Chambers and Partners USA Guide quotes sources which describe the Business Litigation Practice Group as “one of the most resourceful and versatile litigation operations in the region,” recognized for its strength and depth and for “having a range of experience that few other firms can match.” According to Chambers, clients of the Business Litigation Practice Group admire the “business-savvy” team and particularly endorse the way our lawyers strive to understand the dynamics of our clients’ business and make legal decisions after due consideration “rather than following some pre-set lawyer’s game-plan.”

The Cases We Handle

Members of the FBT Business Litigation Practice Group represent businesses and individuals in a variety of business litigation matters in our geographic region and throughout the country. We routinely handle cases involving:

• antitrust claims
• banking and UCC issues
• business torts
• breach of contract claims
• breach of fiduciary duty claims
• False Claims Act and Foreign Corrupt Practices Act actions and investigations
• franchise disputes
• claims involving non-competition and non-solicitation agreements
• fraud and misrepresentation claims
• misappropriation of trade secrets
• RICO and securities law violations
• unfair competition, including Lanham Act claims
• zoning and land use matters

Recent Accomplishments

Some of our most recent accomplishments include:

• Successful defense of National Association for Stock Car Auto Racing – NASCAR in an antitrust case filed by Kentucky Speedway LLC, relating to NASCAR’s refusal to award Kentucky Speedway an event in NASCAR’s most popular series, the NEXTEL Cup Series. NASCAR obtained summary judgment on all claims.
• Obtained a gross judgment in excess of $128 million on behalf of eight members of the Burley Tobacco Growers Cooperative Association (BTGCA). FBT successfully argued that the court should establish a common fund for the benefit of approximately 198,000 BTGCA members, and that FBT’s clients who filed the suit should receive incentive payments for their active and extensive participation in the litigation.
• Obtained summary judgment for several large health care entities and individuals defending federal and state antitrust claims of monopolization, attempted monopolization, refusal to deal, and exclusive dealing as well as state law claims for tortious interference with contract and tortious interference with business relations.
• Obtained dismissal of a purported class action brought by a large pension fund shareholder of a public utility, seeking to block the company’s proposed merger with another large utility company headquartered in the southeast, allowing the merger to proceed on schedule.
  Obtained summary judgment in federal court in Miami, Florida on claims arising out of our client’s purchase of substantially all of the assets and air routes of a Miami-based air cargo and transportation company. Summary judgment was affirmed on appeal.
• Successfully defended several companies in an American Arbitration Association arbitration arising out of the sale of those businesses to a St. Louis-based publicly traded business outsourcing company. The three-member arbitration panel issued a lengthy decision, finding in favor of our clients, and ordering the claimant to pay our clients’ attorneys fees and arbitration expenses.

The above information describes some of our recent litigation experience. We view ourselves as not just trial lawyers, but also problem solvers. We are routinely asked by clients to assist in disputes before litigation is initiated, with the objective being to provide counsel and assistance to our clients so that litigation is avoided in its entirety. We pride ourselves on working hard—from the inception of the case and throughout the life of the case—to identify opportunities for early resolution, with an eye to reducing our clients’ exposure, litigation costs, and in many cases, in an attempt to preserve important business relationships with our clients’ customers and business partners.

Our Commitment to Diversity

We strive to foster an inclusive work environment that empowers both race and gender diversity. Diverse backgrounds, opinions and talents invigorate our thinking and provides broader, richer, and more innovative solutions for our clients. We operate on the fundamental belief that individual differences are critical to our future success and those differences will produce a genuine competitive advantage in our area of practice.