Skip to Main Content.

Business & Commercial Litigation

Experienced. Responsive. Trusted.

Distinguished as one of the top business litigation practices in the firmโ€™s footprint, our team offers innovative, timely and strategic solutions to complex legal issues in pursuit of our clientsโ€™ business goals. We pride ourselves on working hard from the inception of the matter and throughout the life of the case. We also routinely intervene long before litigation is initiated, employing risk management and avoidance strategies as a key part of our advisory services. When litigation is unavoidable, however, or presents the best alternative, we are vested in a positive outcome for our clients and work aggressively towards the most effective and expedient resolution.

Practice Area Contact

Peter M. Cummins Profile Image
Peter M. Cummins

Practice Group Leader

Louisville, KY

Areas of Focus

While we represent clients in all types and stages of litigation, we have notable depth and a proven track record in the following areas:

  • Antitrust
  • Breach of contract
  • Breach of fiduciary duty
  • Commercial lending/lender liability
  • Consumer claims
  • Corporate governance
  • Franchise and licensing
  • Fraud and misrepresentation
  • Fraudulent transfers
  • Internal investigations
  • Negotiable instruments
  • Real estate
  • Restrictive covenants
  • RICO
  • Securities
  • Tortious interference
  • Trade secrets
  • Transactional disputes
  • UCC Article 2
  • Unfair competition
  • White collar crime
  • Zoning and land use

Representative Experience

  • The successful defense of NASCAR in an antitrust case filed by Kentucky Speedway LLC, relating to NASCARโ€™s refusal to award Kentucky Speedway an event in NASCARโ€™s most popular series, the NEXTEL Cup Series. NASCAR obtained summary judgment on all claims.
  • Frost Brown Todd obtained a gross judgment in excess of $128 million on behalf of eight members of the Burley Tobacco Growers Cooperative Association (BTGCA). Frost Brown Todd successfully argued that the court should establish a common fund for the benefit of approximately 198,000 BTGCA members and that Frost Brown Toddโ€™s clients who filed the suit should receive incentive payments for their active and extensive participation in the litigation.
  • Frost Brown Todd obtained a summary judgment for several large healthcare 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 contracts and tortious interference with business relations.
  • Frost Brown Todd obtained dismissal of a purported class action brought by a large pension fund shareholder of a public utility seeking to block the companyโ€™s proposed merger with another large utility company headquartered in the southeast, which allowed the merger to proceed on schedule.
  • Frost Brown Todd obtained a summary judgment in a federal court in Miami, Fla., on claims arising out of our clientโ€™s purchase of substantially all of the assets and air routes of a Miami-based air cargo and transportation company. The summary judgment was affirmed on appeal.
  • Frost Brown Todd 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 clientsโ€™ attorneys fees and arbitration expenses.

Featured Insights

Explore articles and recent examples of our work.

Frost Brown Todd Names Sara Abner and Catherine Meulemans Leaders of Utilities Team

March 14, 2024 | Inclusion, Diversity, Equity & Belonging

San Francisco Partner Catherine Meulemans and Louisville Partner Sara Abner have been named as the n...

A businessperson is using a stylus to edit work reports on a tablet computer, which, combined with a mobile device, allows them to work more smoothly.
A Refresher on Selective Disclosure and Anti-Fraud Rules

March 14, 2024 | Publications

What Is Selective Disclosure? The desire of investors to obtain additional information regarding iss...

Empty American Style Courtroom. Supreme Court of Law and Justice Trial Stand. Courthouse Before Civil Case Hearing Starts. Grand Wooden Interior with Judge's Bench, Defendant's and Plaintiff's Tables.
Corporate Transparency Act Faces Constitutional Hurdle

March 7, 2024 | Corporate Transparency Act

On March 1, 2024, a federal district court in the Northern District of Alabama entered a final decla...

high contrast image of Judge gavel on a blue wooden background
Creating the Appellate Record and Tips to Avoid Problems

February 26, 2024 | Publications

As the California Fourth District Court of Appeal observed in one published decision: โ€œWhen practi...

Law and legal advice, regulations and rules for business, labor law concept, layer or notary for company.
Pointers for Handling Appellate Extraordinary Writs

February 23, 2024 | Publications

Appellate extraordinary writs are expedited attempts to overturn or get a different result from a lo...

Closeup of unrecognizable mechanic replacing car brake pads. The car is lifted with hydraulic jack at eye level.
What Upcoming California โ€˜Lemon Lawโ€™ Rulings Could Mean for Manufacturers

January 25, 2024 | Publications

Decisions Could Impact Song-Beverly Act Claims Beyond the Auto Industry With Californiaโ€™s appellat...

photo of Gordon Young
Partner Gordon Young Joins Frost Brown Todd San Francisco Office

January 16, 2024 | Press Releases

Gordon Young has joined Frost Brown Toddโ€™s San Francisco office as a partner in its Business &...

What to Expect When the Chemical Safety Board Shows Up at Your Plant

October 30, 2023 | Publications

On January 28, 2021, a liquid nitrogen release at the Foundation Food Groupโ€™s Prepared Foods Divis...

water purification system in pharmaceutical factory
Preliminary Approval of PFAS Settlements for Dupont and 3M Triggers Important Deadlines for Public W...

September 29, 2023 | Publications

Public water systems (PWSs) across the U.S. are evaluating formal notices sent from a federal court ...

United States Federal court jury box.
FBT Secures Reversal of $18.2 million Jury Verdict as Kentucky Supreme Court Strengthens Product Lia...

September 7, 2023 | Experience

The Kentucky Supreme Courtโ€™s recent decision in Primal Vantage Company, Inc. v. Kevin Oโ€™Bryan, e...

Stay ahead of the law.

Subscribe to receive email updates and choose your topics.