Minimizing the risk of litigation is a critical priority for every company, but sometimes disputes cannot be avoided. Our highly experienced commercial litigators understand the business implications of going to trial and bring a strategic, cost-effective approach to resolving our clients’ most critical disputes.

A Winning Approach to Commercial Litigation

We regularly represent clients in a wide range of substantive commercial disputes at the trial and appellate levels in federal and state courts across the U.S., as well as in arbitration and other dispute resolution forums throughout the world.

Client Successes

• Represented the world’s largest pork producer in several trials, stemming from several class actions in North Carolina related to alleged material harm caused by its hog farming operations in the state. Paul Hastings was hired to work with prior counsel after a series of crushing defeats, the client facing verdicts of over $550 million in damages prior to the firm’s hiring. In two subsequent trials, juries returned verdicts for our client for total damages in aggregate under $550,000, which was considered a major victory by our client given the damages sought and the history of previous trials. In a related third trial, secured a motion to dismiss for our client early, saving the client millions of dollars in discovery and trial costs, and sparing further reputational harm to its American operations.

• We represented the development entity (Mission Street Development LLC) in resolution of the most complex construction defect litigation matters in California history, related to the “sinking” of one of San Francisco’s iconic buildings. Construction of the Millennium Tower in downtown San Francisco was completed in 2009, and after its construction and the construction of three major nearby structures, the 58-story high-rise sank approximately 17 inches. Because of the high-profile nature of the development (its residents have included NFL legend Joe Montana and basketball star Kevin Durant), the case attracted major international press attention. The litigation involved more than 400 plaintiffs and approximately 30 defendants and cross-defendants. After more than three years of litigation, the parties reached an agreement on financial terms for a global resolution of all pending claims.

• Lotte Chemical, a South Korean company and member company of the Lotte Group previously known as Honam Petrochemical, faced a wide-ranging lawsuit involving multiple South Korean parties involving serious allegations of misappropriation of trade secrets and numerous related causes of action in a complex intellectual property dispute. Under a novel arbitration doctrine, Lotte Chemical moved to compel arbitration of the entire dispute pursuant to a long-term supply agreement concerning carbon-fiber technologies. The U.S. District Court for the Middle District of Alabama granted the Paul Hastings motion in its entirety, agreeing that the dispute should be resolved in South Korea, not Alabama. The Court concluded that the “nonsignatory” arbitration doctrine permitted our clients to invoke an arbitration clause in the long-term agreement, to which Lotte Chemical was not a signatory. The U.S. District Court then stayed the proceedings pending resolution of the trade-secret dispute before the International Chamber of Commerce in Seoul, South Korea. Plaintiffs subsequently dismissed the suit in its entirety without filing any arbitration against Lotte Chemical. This reflected a complete win for the client.

• Represented Dong-A Pharmaceutical on the successful defense of an ICC arbitration brought by a U.S. biotech venture. The arbitration rose out of a contract dispute over IP licensing rights between the Korean pharmaceutical company and a U.S. company, which alleged damages totaling over US$100 million. Our defense of the client resulted in a settlement for less than 1% of what was originally demanded.

• Representing United Talent Agency in the highly publicized dispute between the Writers Guild of America and the agencies, including in federal court litigation raising antitrust, RICO, labor, and business tort issues.

An Experienced Complex Litigation Team

Our litigators have the extensive trial experience and diverse industry knowledge to take on virtually any conflict – including bet-the-company claims involving complex commercial instruments in all forms, claims of fraud, and other business tort claims.

Our areas of focus include:

• Commercial Litigation

• Class Actions

• Intellectual Property – including copyright, trademark, and trade secret

• International Arbitration

• Mass Tort, Toxic Tort and Environmental Litigation and Radiation Injury Litigation

• Real Estate Litigation

Industry Recognition

• Ranked Tier 4 for Dispute Resolution: International Arbitration in Legal 500 US.

• Named Top 12 in International Arbitration by Latinvex.