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Complex Commercial Litigation

Related Practices

Rankings & Honors

  • U.S. News/Best Lawyers “Best Law Firms” ranked as National Tier One in Commercial Litigation, Litigation—First Amendment, Litigation—Labor & Employment and Mass Tort Litigation/Class Actions—Defendants. Received Tier One Metropolitan Honors in Commercial Litigation, Criminal Defense: White Collar, Litigation—Securities, Litigation—Bankruptcy, Litigation ERISA, Mass Tort Litigation/Class Actions—Defendants, Product Liability Litigation—Defendants, Litigation—Construction and in Civil Rights Law in numerous cities throughout the U.S.
  • BTI Litigation Outlook 2013
    • “Most Feared Law Firms”—Honor Roll
    • Strong Performance—IP Litigation, Commercial Litigation, Product Liability Litigation
  • Chambers USA/Global
  • Legal 500
  • Benchmark: Litigation/Appellate

Case Study Video



Protecting your business by resolving disputes predictably and efficiently giving you a competitive edge in the marketplace.

Our approach

Complex litigation can be a costly and disruptive assault on your company.

By knowing your business, its strategic objects and your industry, we provide custom solutions that minimize risk, limit costs and protect your human capital. Collaboration with a firm that knows your business, your goals and your objectives helps to secure success on your terms.

Our deep bench of seasoned trial lawyers protects clients in high exposure “bet-the-company” disputes, class action and aggregate litigation and international arbitration.

We provide efficient, predictable and transparent services customized for your needs through state-of-the-art technology and project management.

We pioneer alternative service models and fee structures to ensure alignment with your needs. We are constantly innovating new ways to deliver client value. We aspire to be your strategic partner in solving your most vexing disputes.

Who we work with

  • Public and private companies
  • Corporate officers, directors and shareholders

Representative Experience

  • Skilstaf, Inc. v. CVS Caremark Corp., et al., U.S. Court of Appeals, Ninth Circuit, No. 10-15338, February 9, 2012
    Secured unanimous published decision affirming the U.S. District Court for the Northern District of California’s dismissal of a putative class action filed against national pharmacy chains Supervalu Inc., New Albertson’s Inc., Walgreens Co., Longs Drugs Stores Corp., The Kroger Co., Safeway Inc., Wal-Mart Stores Inc., CVS Caremark Corp. and Rite Aid Corp., which alleged the pharmacies’ participated in an unlawful scheme to artificially inflate drug prices.
    • Georgia Tuttle, M.D., et al. v. The State of New Hampshire, Belknap County Superior Court, NH, Docket No. 09-E-148(2009); NH Supreme Court Docket No. 2009-0555 (2010) and related judicial, administrative and legislative proceedings.
      Acted as lead counsel for a consortium of over 300 health care providers, on behalf of themselves and a class of more than 6,000 current or past policyholders in the New Hampshire Medical Malpractice Joint Underwriting Association (JUA), in an action that successfully challenged state legislation that required the JUA to transfer a total of $110 million in alleged excess surplus funds to the state’s general fund in fiscal years 2009, 2010, and 2011. Both the trial court and the New Hampshire Supreme Court ruled in our clients’ favor, holding that the legislation constituted an impermissible impairment of clients’ contract rights in violation of the New Hampshire Constitution. In 2011–2012, we successfully defended clients’ adjudicated rights in a sequence of judicial, administrative, and legislative proceedings culminating in the prosecution of a precedent setting litigation class action. Class certification was granted, summary judgment was obtained and, after a fairness hearing, the Plan of Allocation to return the $110 million in funds to policyholders was approved.
    • Signature Flight Support Corporation v. Landow Aviation Limited Partnership, Case No. 1:08cv955, (U.S. District Court, Eastern District of Virginia, 2010); U.S. Court of Appeals, Fourth Circuit, No. 10-1440, 10-1968, August 9, 2011.
      Represented Signature Flight Support Corporation in a multimillion dollar contract dispute involving a Signature sublessee, Landow Aviation, at the Washington Dulles International Airport. Signature claimed Landow Aviation went beyond what the sublease permitted. After a three-week trial, the court ruled in favor of Signature on all contract issues and entered a permanent injunction forcing Landow to comply with the sublease. The Fourth U.S. Circuit Court of Appeals decision affirms our 2010 trial victory and protects our client’s business interests against improper competition at Washington Dulles Airport for the next 25 years.
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    • Wardman Investor LLC v. Marriott International, Inc. and Washington Convention and Sports Authority, Case No. CA 006427 B, (Superior Court, District of Columbia, 2010).
      Represented the Washington Convention and Sports Authority in a case involving a constitutional challenge to the public/private financing of a commercial real estate deal. In a case of first impression in the District of Columbia, the D.C. Superior court ruled that the Washington Convention Center Headquarters Hotel, a $550 million Marriott Marquis Convention Center hotel to be built adjacent to the new convention center in Washington, could go forward as planned.

    • Representation of a large pharmaceutical manufacturer in an action commenced by the Massachusetts Attorney General's Office
      Representation of a large pharmaceutical manufacturer in an action commenced by the Massachusetts Attorney General’s Office alleging that the company violated the Massachusetts Consumer Protection Statute as a result of off-label promotion and the failure to disclose certain product risk information.

    Media Clips

    • Around Tech Valley
      Albany Times Union | March 18, 2014
      This news brief highlights Albany Commercial Litigation partner Dan Hurteau joining the Rensselaer County Regional Chamber of Commerce’s Board of Directors.
    • Public defenders start pro bono appeals program
      Daily Record | March 17, 2014
      The new criminal appeals pro bono program at the Monroe County Public Defender’s Office is featured in this article. Rochester Commercial Litigation associate Brian Jacek is participating in the program.
    • Legal Assistance
      Long Island Business News | March 14, 2014
      Long Island Commercial Litigation counsel Chris Porzio, a former general counsel, is quoted throughout this feature story on how in-house house counsel work with outside law firms.
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    • People on the Move
      Albany Business Review | March 11, 2014
      This coverage notes that Albany Commercial Litigation partner Dan Hurteau has been elected to the Rensselaer County Regional Chamber of Commerce Board of Directors.
    • NY Court's 'Truly Obnoxious' Ruling On Fla. Law
      Law360 | February 27, 2014
      Albany Labor & Employment partner Vincent Polsinelli and Albany Commercial Litigation associate Jena Rotheim discuss how multijurisdictional employers often compare the relevant states’ restrictive covenant laws.
    • Personal Notes on Lawyers
      New York Law Journal | February 18, 2014
      This coverage highlights our New York State attorneys elected to the partnership: New York City Government Investigations & White Collar Defense partner Ashley Baynham, New York City Securities partner Dan McAvoy, New York City Commercial Litigation partner Abby Reardon and Rochester Labor & Employment partner Kate Saracene.
    • People on the Move
      Boston Business Journal | February 4, 2014
      This coverage notes that Boston Commercial Litigation attorney Matt McLaughlin has been elected to the firm's partnership.
    • People on the Move
      Washington Business Journal | February 4, 2014
      This coverage notes that Washington, DC, Commercial Litigation & Government Contracts attorney Vince Napoleon has been elected to the firm’s partnership.
    • Litigating in the Court of Public Opinion
      New Hampshire Business Review | January 24, 2014
      Commercial Litigation practice group leader and deputy Litigation Department chair Scott O’Connell authors this column discussing how social media can impact a crisis and how outside counsel can help their clients deal with the situation.
    • Take Care in Picking Where to Litigate
      Providence Business News | January 6, 2014
      The importance of litigation forum selection is discussed in this column authored by Providence Commercial Litigation counsel Steve Richard.
    • Life Sciences Cases to Watch in 2014
      Law360 | January 1, 2014
      Boston Commercial Litigation and Life Sciences partner Fred Kelly discusses the U.S. Supreme Court’s consideration of reviewing the Fourth Circuit’s dismissal of a Takeda Pharmaceutical Co. Ltd. salesman’s claims that the company marketed the drug Kapidex off-label and caused improper Medicare billing.
    • Executive Profile
      San Francisco Business Times | November 29, 2013
      San Francisco office managing partner Tony Barron is profiled in this Q&A series featuring Bay Area business executives.
    • Rock Band Takes Trademark Case to Federal Circuit
      ABA Section of Litigation Young Advocates Committee News | November 26, 2013

      This article, authored by Katherine Bastian, discusses a case before the Federal Circuit testing the limits of First Amendment protection in trademark-disparagement cases.

    • Zombie Funds: Is it time for managers to finally give up the ghost?
      Hedgeweek | November 12, 2013
      Boston partner and leader of the firm’s Private Fund Disputes team Jon Sablone discusses “zombie funds,” which provide challenges for the hedge fund world and increasingly for the private equity market.
    • SCOTUS Cert Skirt Left Door Open For Cy Pres Tune-Up
      Law360 | November 8, 2013
      This column discusses the U.S. Supreme Court’s denial of a petition for a writ of certiorari in Marek v. Lane. New York City Commercial Litigation partner Chris Mason, San Francisco Commercial Litigation partner Bruce Copeland, Manchester Commercial Litigation associate Dan Deane and Rochester Products: Class Action, Industry & Trade Representation associate Kevin Saunders authored the piece.
    • With Courts' Silence, FCC's ‘Good Faith' Standard Has Left TV Programmers and Distributors at Impasse
      Bloomberg BNA Insights | November 1, 2013
      New York City commercial litigation associate Sherli Yeroushalmi authored this column discussing the notion of “good faith.”
    • Shades of Green: New Department of Defense Renewable Energy Commitment Presents Significant Opportunities (and Risks) for Developers
      Contract Management | November 1, 2013
      This article authored by New York City Energy & Environmental partner Ellen Friedman and Washington, DC, Securities associate Tiana Butcher notes increasing efforts by the U.S. Army to attract private developers to construct and own large-scale renewable power projects at army installations and the inherent challenges and risks associated with federal procurement contracting.
    • Restaurant Owner Loses $1M Copyright Claim Over TV Show
      National Law Journal | October 23, 2013
      This coverage notes a California federal judge’s decision to dismiss copyright infringement claims against TV One LLC. TV One’s legal team was led by Los Angeles partners Thad Stauber and Sarah André, Washington, DC, partner Kendal Tyre, Los Angeles associate Michael Azat, and Washington, DC, associate Kenneth Nichols.
    • New Mass. E-discovery Rules Could Change Firms' Data Policies
      Boston Business Journal | October 22, 2013
      Boston partner and leader of the firm’s E-discovery & Digital Evidence practice Jon Sablone discusses sweeping electronic discovery amendments approved by the Massachusetts Supreme Judicial Court.
    • 'Raging Bull' copyright fight headed for U.S. Supreme Court
      Reuters | October 1, 2013
      San Francisco Commercial Litigation attorney John Chatowski provides commentary in this article noting that the U.S. Supreme Court has agreed to hear the Raging Bull copyright.
    • Brokerage Firm's GC Returns To Nixon Peabody
      Law360 | September 18, 2013

      This feature article highlights the arrival of Long Island commercial litigation counsel Chris Porzio.

    • The Restitution Struggle
      ARTnews | September 1, 2013

      This feature story reports on an in-depth investigation into the state of restitution policies and practices related to Holocaust artworks and objects. Los Angeles commercial litigation partner and leader of the firm’s Arts & Cultural Institutions practice Thad Stauber provides commentary.

    • Cost-Cutting: Courts Limit the Recovery of E-Discovery Expenses by a Prevailing Party
      Sidebar | September 1, 2013

      Providence Commercial Litigation counsel Steve Richard authored this article reviewing two recent decisions by the Third and Fourth circuits that narrowly interpret the recoverability of e-discovery costs.

    • Policy Change Puts Past Performance in Spotlight
      Washington Post | August 19, 2013

      Washington, DC, Commercial Litigation and Government Contracts counsel Vince Napoleon discusses a new federal policy standardizing past performance information so that agencies can share similar information about how well contractors completed past work.

    • Court Ruling Could Change How P.E. Firms Approach Deals
      Boston Business Journal | August 16, 2013

      Boston partner and leader of the firm’s Private Fund Disputes team Jon Sablone discusses the impact of a federal appeals court’s decision that private equity firms can be held directly liable for the pension liabilities of the companies they buy.

    • BYOD and Social Media in the Workplace: Increasing Productivity Poses Preservation Challenges
      DRI's E-Discovery Connection | August 12, 2013

      Providence Commercial Litigation counsel Steve Richard authored this column discussing e-discovery challenges associated with bring your own device (BYOD) programs.

    • Equipment makers considering N.H. lawsuit over new franchise laws
      Foster's Daily Democrat | July 29, 2013

      Manchester Commercial Litigation partner Kevin Fitzgerald is quoted throughout this article focused on equipment makers who are considering challenging the constitutionality of New Hampshire’s revamped “Dealer Bill of Rights” before it takes effect in September.

    • Staying out of Court
      PE Manager | July 19, 2013

      Boston partner and leader of the firm’s Private Fund Disputes team Jon Sablone discusses some of the biggest litigation risks in private equity.

    • Proposal Would Tie Scope of Discovery to Amount in Controversy
      New York Law Journal | July 8, 2013

      New York City Commercial Litigation partner Connie Boland discusses the potential impact of proposed federal rule changes designed to streamline discovery.

    • Gift vouchers prompt federal suit
      Boston Business Journal | June 21, 2013

      Class Actions & Aggregate Litigation practice group leader and deputy Litigation department chair Scott O’Connell discusses the proposed class action lawsuit facing online shopping website Rue La La.

    • Attorneys React to High Court's Arbitration Ruling
      Law360 | June 20, 2013

      Class Actions & Aggregate Litigation practice group leader and deputy Litigation department chair Scott O’Connell comments on the U.S. Supreme Court ruling that courts can't overturn a class arbitration waiver simply because it would cost plaintiffs more to arbitrate the claim than they could possibly recover.

    • Supreme Court Addresses Problems of Size
      New York Law Journal | June 10, 2013

      New York City Commercial Litigation partner Chris Mason and New York City Commercial Litigation associates Devon Haft Little and Sherli Yeroushalmi authored this column discussing the U.S. Supreme Court’s struggle with cases deemed too big or too small.

    • Who Speaks for the Organization at a Deposition?
      Providence Business News | June 10, 2013

      Providence Commercial Litigation counsel Steve Richard authored this column discussing how an organization can determine the witnesses to testify on its behalf at depositions.

    • 2013 Rising Stars
      New York Law Journal | June 5, 2013

      Buffalo Commercial Litigation partner Sheldon Smith is profiled in this special section highlighting the 2013 Rising Stars, a group of attorneys 40 years old or younger who have made a mark on the New York legal community.

    • Rochester Attorney Heads NY Bar Association
      Associated Press | June 4, 2013

      This coverage notes that Rochester Commerical Litigation and Indian Law partner Dave Schraver has been named the 116th president of the New York State Bar Association.

    • Defense Contract Audit Agency's Access to Contractor Internal Audit Reports
      Public Contract Law Journal | June 1, 2013

      Washington, DC, Government Contracts and Commercial Litigation counsel Vince Napoleon and Washington, DC, Commercial Litigation associate Shanelle Henry authored this column addressing the question of whether United States v. Newport News Shipbuilding & Dry Dock Co. continues to be the standard for guiding the Defense Contract Audit Agency (DCAA) auditors’ access to internal audit materials.

    • Packing the Courts: A primer on the Federalist Society and its extraordinary influence
      New York Times | May 12, 2013
      This article reviews the book, The Federalist Society: How Conservatives Took the Law Back From Liberals, co-authored by Boston Commercial Litigation associate Danielle McLaughlin and Suffolk University law professor Michael Avery.
    • Final HIPAA Omnibus Rule Expands Law's Impact on Firms
      New Hampshire Business Review | May 3, 2013

      Providence partner and leader of the firm’s Privacy & Data Protection group Linn Freedman and Manchester partner and leader of the firm’s Commercial Litigation practice Scott O’Connell co-authored this article discussing the final HIPAA Omnibus Rule, which implemented sweeping changes to the Health Insurance Portability and Accountability Act.

    • Not Yet a Relic of History, Hourly Rates Still Prevalent
      Rochester Business Journal | May 3, 2013

      Rochester office managing partner Carolyn Nussbaum and Rochester Global Business & Transactions partner Jim Bourdeau discuss client demands for value, predictability, and accessibility.

    • Law Journal Names 2013 Rising Stars
      New York Law Journal | April 22, 2013

      Buffalo commercial litigation partner Sheldon Smith is among the attorneys under the age of 40 named to the publication’s annual “Rising Stars” class. The program honors accomplished attorneys who are top contributors to the practice of law and their communities.

    • Excellence in Law
      Daily Record | April 18, 2013

      Rochester office managing partner and commercial litigation partner Carolyn Nussbaum is among the “Top Women in Law” as recognized by the Daily Record as part of its annual “Excellence in Law” program.

    • Don't "Put the Cart Before the Horse": Supreme Court Rejects Amgen's Argument that Securities Fraud Plaintiffs Must Prove Materiality of Alleged Misrepresentations at the Class Certification Stage
      Legal Insights | April 15, 2013

      Commercial litigation partners Chris Mason and Carolyn Nussbaum and commercial litigation associates Paige Berges and Leah Threatte Bojnowski co-authored this column about the Supreme Court’s split decision upholding the Ninth Circuit’s decision in Amgen Inc. v. Conn. Retirement Plans and Trust Funds.

    • How Conservatives Captured the Law
      Chronicle of Higher Education | April 15, 2013

      Boston commercial litigation associate Danielle McLaughlin, co-authored this article with Suffolk University law professor Michael Avery, focsued on "The Federalist Society: How Conservatives Took the Law Back From Liberals."

    • 5 Reasons to Use Focus Groups in Jury Research
      Corporate Counsel | March 13, 2013

      This column, authored by commercial litigation practice group leader and deputy leader of the litigation department Scott O’Connell, discusses practical considerations on how to determine the optimal frames for a favorable jury verdict.

    • Ruling Against SEC a Win for Defense Bar
      Daily Record | March 11, 2013
      Rochester office managing partner and commercial litigation partner Carolyn Nussbaum discusses the U.S. Supreme Court’s ruling in Gabelli v. Securities and Exchange Commission.
    • Q&A With Nixon Peabody's Vincent Napoleon
      Government Contracts Law360 | March 7, 2013

      This Q&A profiles Washington, D.C. commercial litigation and government contracts counsel Vince Napoleon.

    • NH Attorney has a National Impact
      New Hampshire Business Review | December 28, 2012

      This article profiles commercial litigation practice group leader and deputy litigation department leader Scott O’Connell. His professional background is highlighted, recent litigation successes for clients are noted and his dedication to pro bono is also discussed. Click here to read the full article.

    • MBTA Must Allow Access to Database
      Massachusetts Lawyers Weekly | December 20, 2012

      Commercial Litigation partner and leader of the firm’s E-Discovery & Digital Evidence team Jon Sablone provides commentary in this article discussing a Massachusetts Superior Court judge’s decision ordering the Massachusetts Bay Transportation Authority to make its electronic database available to plaintiff’s counsel in a negligence suit.

    • Honor Roll
      Buffalo News | December 9, 2012

      This coverage notes that Buffalo Commercial Litigation partner Sheldon Smith received a Pro Bono Award at the 2012 Western District Federal Court Dinner for his work representing an inmate at Wende Correctional Facility, who alleged various claims under the Americans with Disabilities Act.

    • Another Pro-Arbitration Decision Of The Supreme Court
      Law 360 | December 7, 2012

      This contributed article authored by New York Litigation associate Paige Berges and New York Litigation partner Chris Mason focuses the Supreme Court’s interpretation of arbitration clauses.

    • When Defendants Can Win by Losing a Case
      Providence Business News | November 26, 2012

      Providence Commercial Litigation counsel Steve Richard authored this column discussing how companies and their legal counsel should undertake a prompt risk-management assessment of the potential exposure and estimated defense costs.

    • «Class action» et dissuasion
      Strategies | November 8, 2012

      Paris Commercial Litigation partner Olivier de Chazeaux and Paris Global Business & Transactions partner Gilles de Poix discuss a possible class action law in France in this thought-leadership article.

    • How Mobile Devices and the Cloud Change E-discovery
      Corporate Secretary | October 3, 2012

      Boston Commercial Litigation partner and leader of the firm’s Electronic Discovery & Digital Evidence team Jon Sablone discusses how mobile devices present particular concerns for e-discovery.

    • Schraver Nominated to be State Bar President, 2013
      Daily Record (Rochester, NY) | November 16, 2011

      This feature story profiles Rochester Commercial Litigation partner Dave Schraver, who has been nominated to serve as president-elect and then president of the New York State Bar Association.

    • BET Sued Over ‘Rogue’ Telecast of African American Music Festival
      The Hollywood Reporter | November 2, 2011

      The article notes that TV One has filed a copyright and trademark infringement lawsuit against BET Networks and MTV Networks over the exclusive coverage of the Essence Music Festival. Los Angeles Litigation & Dispute Resolution partner Thad Stauber is mentioned as TV One’s counsel.

    • State Bar Issues E-Discovery Guide
      New York Law Journal | November 1, 2011

      The story highlights the New York State Bar Association’s recently issued guide for navigating the electronic discovery requirements in both federal and state courts. The coverage notes that the guide was initiated under the State Bar’s Commercial and Federal Litigation Section. New York City Commercial Litigation partner Connie Boland coauthored the guide.


    What will happen when your foreign IP licensor becomes insolvent?
    Bankruptcy Alert | March 3, 2014

    Court of appeal limits liability theories under California's "Shine the Light" data privacy act
    Retail Industry Alert | December 31, 2013

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    Federal courts out of money? What the government shutdown means for your civil litigation
    Commercial Litigation Alert | October 10, 2013

    Regular re-noticing can keep the metal/jewelry consignor from "melting"
    Consignment Law Alert | September 4, 2013

    The Second Circuit turns over a new leaf: class action waivers work after Amex III
    Class Action Alert | August 14, 2013

    UPDATE: Massachusetts SJC clarifies rule on class waivers in light of Amex III
    Class Action Alert | August 8, 2013

    SCOTUS upholds class action waiver again: Amex III significantly limits the "effective vindication" of statutory rights doctrine
    Class Action Alert | June 24, 2013

    Massachusetts SJC rules on class waivers days before United States Supreme Court issues Amex decision
    Class Action Alert | June 19, 2013

    U.S. Supreme Court allows class arbitration under Section 10(a)(4) of the Federal Arbitration Act: Oxford Health Plans LLC v. Sutter
    Class Action Alert | June 11, 2013

    The future of Section 1782 for use in arbitral proceedings abroad—ripe for SCOTUS review?
    International Arbitration Alert | May 24, 2013

    Recent BVI decisions offer guidance to investors and funds facing redemption disputes
    Private Fund Disputes Alert | April 2, 2013

    U.S. Supreme Court rejects class certification based on the damages model: Comcast Corp. v. Behrend
    Class Action Alert | March 28, 2013

    The Supreme Court tightens up on CAFA—and on class plaintiffs
    Class Action Alert | March 20, 2013

    Gabelli v. SEC
    Securities Litigation Alert | March 1, 2013

    Don't "put the cart before the horse": Supreme Court rejects Amgen's argument that securities fraud plaintiffs must prove materiality of alleged misrepresentations at the class certification stage
    Class Action Alert | February 28, 2013

    . . . Hide Thought Leadership. . .



    Complex Commercial