Business & Commercial Litigation

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

• 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.