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Business & Commercial Litigation

Experienced. Responsive. Trusted.

Distinguished as one of the top business litigation practices in the firm’s footprint, our team offers innovative, timely and strategic solutions to complex legal issues in pursuit of our clients’ business goals. We pride ourselves on working hard from the inception of the matter and throughout the life of the case. We also routinely intervene long before litigation is initiated, employing risk management and avoidance strategies as a key part of our advisory services. When litigation is unavoidable, however, or presents the best alternative, we are vested in a positive outcome for our clients and work aggressively towards the most effective and expedient resolution.

Practice Area Contact

A person is smiling and wearing a business suit with a tie.
Peter M. Cummins

Partner

Louisville, KY

Areas of Focus

While we represent clients in all types and stages of litigation, we have notable depth and a proven track record in the following areas:

  • Antitrust
  • Breach of contract
  • Breach of fiduciary duty
  • Commercial lending/lender liability
  • Consumer claims
  • Corporate governance
  • 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

Representative Experience

  • The successful defense of 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 Gibbons obtained a gross judgment in excess of $128 million on behalf of eight members of the Burley Tobacco Growers Cooperative Association (BTGCA). FBT Gibbons successfully argued that the court should establish a common fund for the benefit of approximately 198,000 BTGCA members and that FBT Gibbons’s clients who filed the suit should receive incentive payments for their active and extensive participation in the litigation.
  • FBT Gibbons 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 Gibbons 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 Gibbons 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. The summary judgment was affirmed on appeal.
  • FBT Gibbons 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.

Featured Insights

Explore articles and recent examples of our work.

FBT Gibbons Bolsters West Coast Litigation Bench with Well‑Regarded Trial Lawyer Mark Ross

February 19, 2026 | Press Releases

February 19, 2026 – FBT Gibbons continues to expand its Business & Commercial Litigation pract...

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February 3, 2026 | In the News

Eduardo Amorim, a partner with FBT Gibbons, sat down with host Scott Moritz for the Fraud Eats Strat...

FBT Gibbons Denver Partner Kevin Havelda Appointed to State Judicial Performance Evaluation Commission

January 14, 2026 | Press Releases

FBT Gibbons Partner Kevin Havelda has been appointed by the Colorado House speaker to serve a four-y...

FBT Gibbons Adds Michael Ruggio as Partner in Washington, D.C. Office, Expanding Healthcare and Investigations Capabilities

January 13, 2026 | Press Releases

FBT Gibbons has expanded its healthcare and investigations capabilities with the addition of Michael...

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December 23, 2025 | Publications

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A California litigator’s framework for navigating exclusivity, delivery, and intent after Haggert...

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Vapor intrusion occurs when volatile chemicals in soil gas migrate into buildings and affect indoor ...

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