Overview

Dykema’s nationwide team of litigators has successfully represented clients in virtually every type of civil dispute—from antitrust to zoning—for decades. From straightforward two-party cases to complex multi-district litigation, “bet-the-company” cases and class action lawsuits—Dykema’s Business and Commercial Litigation attorneys are the go-to trial lawyers for companies across the nation. We represent clients big and small, public and private, before administrative tribunals, alternative dispute forums, and state and federal trial and appellate courts nationwide. And, when our clients have litigation exposure throughout the United States, they call on our team to serve as national counsel.

Dykema lawyers are mindful that litigation consumes client time and impacts the bottom line. We keep costs predictable and manageable and our work efficient. We explore with clients the benefits and risks of cost-effective strategies, such as streamlining discovery, utilizing aggressive pretrial motions, engaging in binding or non-binding alternative dispute resolution, and using creative alternative fee arrangements. When needed, we employ our sophisticated in-house discovery management team to handle document review and e-discovery, which can greatly reduce costs and ensure timely compliance in this critical phase of litigation. We also counsel clients on ways to prevent future liability and avoid litigation.

We are a leading litigation firm with a “thriving commercial litigation team” that “possesses an excellent track record,” as recognized by Chambers USA 2019. The Firm received a top national ranking in Commercial Litigation by 2019 U.S. News - Best Lawyers "Best Law Firms." Additionally, Dykema recently ranked as a "Litigation Powerhouse" in Commercial Litigation in the BTI Litigation Outlook 2018 report, based on direct client feedback from in-depth interviews with corporate counsel at the world’s largest companies.

Experience Matters

• Dykema obtained a defense verdict for Ford Motor Company in the retrial of a class action brought by 3,200 Ford dealers. The litigation had 20 years of history with more than 100 depositions, several appellate decisions and over a million documents. The Dykema team was brought in eight months before the retrial in Cleveland, Ohio. The case was originally tried by other counsel and resulted in a class-wide verdict of nearly $2.2 billion with interest.

• We defended a bank client in a suit against a real estate developer who sought over $15 million in damages based on claims that the bank breached a lease and an agreement to provide construction financing and acted in bad faith. We prevailed on a motion to dismiss at the trial court level. The U.S. Sixth Circuit Court, in turn, affirmed that dismissal just 24 hours after oral argument.

• Dykema represented an insurance company client on an issue of first impression in a dispute over coverage for nationwide asbestos litigation spanning several policy years. We obtained a ruling that the client had no duty to defend based on the policy exclusion, and subsequently settled the much less substantial contribution claim.
• We successfully defended a $222 million arbitration claim against our energy client brought through the International Chamber of Commerce in Paris and heard in Hong Kong.
• We obtained dismissal of consolidated shareholder class actions challenging a going-private transaction brought against the committee of independent directors of a publicly held pharmaceutical company.
• We prevailed on a summary judgment motion in favor of our clients, a television station and its former executives, in a $300 million breach of contract and fraud action and then successfully defended that judgment on appeal.
• We obtained a $20 million jury award for our company client after a seven week trial against a Fortune 500 company for breach of a contract to acquire our client.
• We conducted a complex trial in four phases—including interlocutory appeals—of disputes over easements burdening our client’s property in connection with the design, development and construction of a high-rise retail/office/residential tower.
• We successfully represented a major manufacturer of harsh environment fiber optic connectors in four cases—one in a Texas state court, one in federal court and two in commercial arbitration proceedings—against five former officers, directors and shareholders of the company. We obtained: 1) a jury verdict for violations of the Federal Computer Fraud and Abuse Act; 2) two arbitration awards for breaches of representation and warranties contained in a Stock Purchase Agreement; 3) a preliminary injunction prohibiting infringement of the client's patented technology; and (4) dismissal of counterclaims against our client for fraud, negligent misrepresentation, unfair competition and patent invalidity.
• We successfully defended a major seller and manufacturer of wireless communication equipment in a commercial arbitration proceeding in Orlando, Florida against multi-million dollar claims by the client's former strategic partner for the breach of a joint venture agreement and fraud.
• We represented a group of approximately 85 orthodontists in multi-state litigation involving 35 lawsuits brought in federal and state courts in 13 states against a practice management company. The cases involved claims for breach of contract, violations of various state dental practices acts, fraud and deceptive trade practices. We obtained favorable jury verdicts for breach of contract after a four week trial in Miami, Florida and a three week trial in Atlanta, Georgia, and several favorable summary judgment rulings on an issue of first impression–where courts held the clients’ contracts were unenforceable and void against public policy.
• We successfully defended a major municipality and its water department against claims brought by a disappointed bidder for breach of contract, defamation and tortious inference among other claims. We prevailed on summary judgment and then successfully defended that judgment on appeal to the U.S. Sixth Circuit Court of Appeals.

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