BackBusiness Litigation

Business litigation is one of Nelson Mullins' largest practice areas. The Firm has experience representing publicly and privately held businesses in court and before arbitral and regulatory forums. Firm attorneys have handled a range of matters - from disputes between Fortune 500 companies and class actions to individual shareholder suits.

Nelson Mullins combines industry experience, case management capabilities, trial skills, technology, and creativity to achieve results. The Firm's business litigators are cognizant of potential collateral consequences and the impact of litigation on ongoing business relationships, financial performance, and regulatory compliance. As part of the management of high-profile business disputes, the Firm works with clients on their political and publicity needs and develops strategies to minimize the impact of public scrutiny on client goodwill.

Numerous categories of experience are encompassed within Nelson Mullins' business litigation practice, including:

  • antitrust
  • automobile distribution
  • business torts
  • class actions
  • commercial fraud
  • consumer financial services
  • contract disputes
  • corporate governance
  • director and officer liability
  • labor and employment
  • franchise
  • insurance
  • intellectual property
  • lender liability
  • professional liability
  • securities
  • software licensing
  • trade secrets
  • unfair trade practices and unfair competition.

 

Complex Case Management

Firm representation includes the defense of class actions in the finance, utility, cable, pharmaceutical, automobile, electrical device, insurance, and securities industries, as well as employment class actions and class actions involving environmental issues. The Firm also has served as lead counsel in several multidistrict litigation proceedings and has appeared before the Judicial Panel on Multi-District Litigation to request the creation of MDL proceedings. Nelson Mullins is national and regional coordinating counsel for clients in several industries. The Firm has represented clients in high-stakes litigation between large corporate entities involving joint software development projects, patent infringement, purchase and sale agreements, insurance coverage, defective industrial machinery, franchise and dealer agreements, and professional liability, among other disputes.

Document and Data Management

Managing large numbers of documents is of critical importance in any business litigation. The Firm has invested in technology to create the platform necessary to manage millions of documents in paperless form. Database technology allows for efficient imaging, coding, and searching. The Firm also has OCR systems available, allowing for enhanced search capabilities. The Firm has on several occasions built customized secure extranet websites allowing clients instant access to imaged document databases, litigation updates, and court documents. The Firm has experience addressing e-discovery retrieval and preservation issues, utilizing Firm staff experience and working closely with both client IT departments and third-party vendors.

Arbitration

Many business litigation disputes require resolution before arbitral forums. The Firm's business litigators have experience representing business clients before arbitration panels administered by AAA, JAMS, National Arbitration Forum, World Intellectual Property Organization, and the National Association of Securities Dealers, and is familiar with the special rules and procedures unique to each. The Firm has litigated the enforceability of arbitration agreements on numerous occasions, including the commencement of independent actions in federal court under the Federal Arbitration Act seeking to enjoin state court proceedings. Additionally, Firm attorneys have litigated whether classwide relief could be sought in arbitration proceedings.