Business Litigation

Experienced. Responsive. Trusted.

Distinguished as one of the top business litigation groups in our eight-state region of Indiana, Kentucky, Ohio, Pennsylvania, Tennessee, Texas, Virginia and West Virginia, Frost Brown Todd’s Litigation Practice Group recognizes that understanding our clients’ business and the industries they serve is paramount to efficient dispute avoidance and resolution solutions.  FBT's national litigation practice brings innovative, timely and strategic advice to help solve complex legal issues in order to achieve our clients’ business goals.  We do this, in part, through early case assessment methods, legal project management, electronic data organization and dispute resolution strategies.

FBT's experience in complex, high-stakes, multijurisdictional disputes aids us in effectively managing disputes and when they arise, FBT attorneys collaborate with clients to identify and implement appropriate business solutions.  However, when litigation is unavoidable or presents the best alternative, we work with our clients to strategize and manage legal costs.  We are vested in a positive outcome for our clients and aggressively work towards the most efficient and effective way to resolve each client’s matter individually.

Litigation can have a disruptive impact on a client’s business.  Recognizing that, FBT employs risk management and avoidance strategies as key parts of our advisory services so our clients can maintain their business focus.

FBT represents regional, national and international clients in virtually all areas of litigation including:

  • Antitrust
  • Breach of Contract
  • Breach of Fiduciary Duty
  • Commercial Lending/Lender Liability
  • Consumer Claims
  • Corporate Governance and Control
  • 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

FBT’s Business Litigation Practice Group is comprised of four sections: Competition Law; Financial Services LitigationSecurities and Corporate Disputes; and White Collar Crime/Criminal Defense.  Business Litigation lawyers are also active in our Automotive, Energy and Healthcare Industry Teams.  These sections and their leaders provide the expertise, outstanding responsiveness and commitment to early, cost-effective resolutions.

Recent Accomplishments

Some of our most recent accomplishments include:

  • The 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.
  • FBT 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.
  • FBT 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.
  • FBT 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, which allowed the merger to proceed on schedule.
  • FBT obtained a summary judgment in a federal court in Miami, Fla. 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. A summary judgment was affirmed on appeal.
  • FBT 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.

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 provide 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.

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