Throughout the United States, we represent public and private-sector companies that include multinational businesses, emerging companies, start-ups, governmental and quasi-governmental agencies, and not-for-profits in contested matters in federal and state courts, agencies, arbitration, and in other dispute-resolution settings such as mediation. Our commercial litigation team of 85-plus experienced trial and appellate attorneys includes former judicial law clerks from trial and appellate courts in both the state and federal systems, former state and federal prosecutors, former regulatory agency counsel, and individuals with extensive backgrounds in business, politics, and public service.
Our mission is to bring strategic, results-driven, and cost-effective advice and service to our clients. We manage commercial disputes to avoid litigation where possible and vigorously protect our clients’ interests when adversarial proceedings are required. We use the latest litigation technologies and resources, and pride ourselves on proactive client communication, creating early and accurate case budgets, and on our deep understanding of the business-sector issues, interests, and needs of our clients.
Our commercial litigation clients come from diverse industries that include energy, finance, insurance, transportation, manufacturing, and more.
Our team counsels clients on matters that include:
- Bank and credit union lender liability
- Business contract disputes, including business formation, structuring, succession, securities, sales, mergers, acquisitions, and dissolutions
- Contested commercial foreclosures
- Disputes governed by the Uniform Commercial Code
- False Claims Act and whistleblower litigation
- Insurance defense and re-insurance matters
- Intellectual property and licensing
- Joint venture and partnership disputes
- Unfair competition and trade matters
Alternative Fee Arrangements and Litigation Financing
Barclay Damon offers a range of alternative fee arrangements (AFAs) that have been successfully implemented for our clients in a variety of circumstances. We have utilized the following types of AFAs where appropriate.
- Fixed fees, such as fixed fee by project, phase, or portfolio
- Fee caps and collars
- Benchmark and objectives-based fees
- Shared-risk and ”broken-deal” discounts
- Pure contingency, hourly-contingency blend, and reverse contingency
- Progressive and incremental hourly fee discounts for major, long-term engagements
These AFA options provide our clients with flexibility and cost certainty to complex litigation and transactional matters.
We also help clients secure financing through third-party funding companies for high stake, costly litigated matters. We connect clients using our strategic relationships with several litigation financing companies and help guide them through the financing process.
Barclay Damon will be pleased to collaborate with you to evaluate the most effective fee structure and financing for your matters.