Commercial Litigation
About
Resolving our clients' complex commercial litigation challenges
Commercial disputes around the world are becoming more difficult to navigate. Expanding international businesses, changing regulatory requirements, increasing corporate scrutiny and complex cross-border transactions are among the drivers. Regardless of origin, the stakes can be high, with a potential global impact. Organizations and individuals look to proactively reduce their risk. When matters arise, bringing them to a close in a cost-effective and efficient manner is the goal.
In reaching this goal, experience is paramount. We represent clients in all stages of domestic and international litigation, in established and emerging markets. Our integrated practice structure provides clients with strong support, no matter where they are. We regularly collaborate with our lawyers who are skilled in antitrust, international arbitration, intellectual property and environmental law, as well as our industry professionals.
Litigators across our Firm have represented clients before all types of trial, appellate, regulatory and alternative dispute resolution tribunals around the world. We are also well-known for our strength in class action work. An additional core strength is our ability to advise in relation to growing regulatory requirements in the United Kingdom, the United States and Europe.
From the onset of a dispute through to resolution, we help our clients make well-informed decisions. We advise the world's leading financial institutions, largest corporations, sovereign governments, executives and directors. They trust us to guide them through their most significant litigation challenges. Our experience in cross-border contentious matters, technical capabilities and strong geographic coverage gives us the insight to advise them through the complex issues that can accompany large and sophisticated transactions.
Risk management and compliance are key to avoiding disruptive, large-scale litigation. We help our clients implement measures to ensure that, wherever possible, they do not become embroiled in disputes. If a dispute arises, we ensure that they are equipped with the resources, experience and knowledge to reach a prompt and successful resolution.
Visit our Securities Litigation & Regulatory Enforcement page
Visit our Enforcement of Arbitral Awards & Judgments page
Visit our Sustainability & Responsible Business page
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AWARDS & RECOGNITION
Tier 1: International Litigation
Tier 2: General Commercial Disputes
The Legal 500 US 2024
Elite: General Commercial Litigation Practices
Chambers USA 2024 - New York, Florida, California
Band 1: Highly Regarded
General Commercial Litigation Practice
Chambers USA 2024 - Washington, DC
Band 3: Commercial and Corporate Litigation
Chambers UK 2024
Tier 2: Commercial Litigation: Premium
The Legal 500 UK 2024
‘The White & Case team has true specialists and have in-depth knowledge of the legal issues. The team is extremely dedicated and a pleasure to work with!’
The Legal 500 UK 2024 – client quote
Awesome Opponent 2024
BTI Consulting, Litigation Outlook 2024
Class Actions Practice Group of the Year
Law360 2022
Tier 1: International Litigation
The Legal 500 US 2023, 2022, 2021
Band 1: General Commercial Disputes: Highly Regarded
Chambers USA 2023 – DC, New York
Tier 2: General Commercial Disputes
The Legal 500 US 2023, 2022, 2021
'The firm has broad commercial experience and that kind of experience is helpful in resolving commercial disputes because resolving disputes involves more than understanding civil or regulatory litigation; it involves understanding what matters to stakeholders such as the CEO, Directors, General Counsel, shareholders, the public in certain circumstances, regulators and prosecutors.'
The Legal 500 US 2024 - client quote
"White & Case has demonstrated themselves as not only thoughtful but strategic litigators. The firm provides the right staffing and efficiency to obtain the right results."
"The lawyers at White & Case provide business-oriented, practical legal advice that combines high legal acumen with a deep understanding of litigation strategy to present their clients with clear and actionable guidance."
"We go to them because they have high-quality lawyers, are very result-oriented, and have deep knowledge of our business."
"They are excellent. They put things in plain English and explain them simply to us. They're real experts and are extremely responsive."
Chambers USA 2024 – client quote
"White & Case houses an established group of experienced litigators who regularly act on significant commercial disputes at trial and appellate level. Its broad civil litigation capabilities include a focus on bankruptcy disputes, consumer class actions and IP matters. The firm also handles major M&A litigation and securities class actions. It attracts an extensive roster of financial institutions and technology businesses, offering cross-border experience bolstered by a strong global network."
Chambers USA 2023 editorial
"They're just excellent. They're so pragmatic, so approachable, so fast and responsive. They make you feel like you're their only client."
Chambers USA 2023 – client quote
"White & Case have an unparalleled network of lawyers experienced in all regions that they can call upon for any case. They can quickly call up knowledge on local law and institutions. A global law firm in the best sense of the term."
Chamber Global 2022 – client quote
"They have truly excellent lawyers who are terrific oral advocates in court."
Chambers USA 2022 – client quote
"A cohesive team that is excellent at developing an overall strategy for assisting the client."
The Legal 500 US 2022 – client quote
The practice covers a wide range of commercial disputes and is particularly well-positioned for cross-border mandates.
The Legal 500 US 2022
"We have been happy with the cross-border work. The strength that W&C has shown is both connected to cultural aspects as well as communication." "Their ability to mobilize global resources is impressive."
Chambers Global 2021 – client quotes
"The team has a great grasp of detail and talent for managing complex litigation."
Chambers UK 2021 – client quote
Experience
Vale
White & Case represents Vale S.A., the largest producer of iron ore and nickel in the world, in the group action taking place in the English Courts relating to the collapse of the Fundao Dam in Brazil in 2015.
The Republic of Trinidad & Tobago
White & Case secured a trial victory on behalf of The Republic of Trinidad and Tobago. This case involved allegations of corruption and bid-rigging in connection with construction of the Piarco International Airport. Our firm was hired for this matter following 18 years of litigation, and our team took the case to trial only 10 months after we were retained. Following a three-and-a-half-week trial, the jury returned a verdict for our client. Final judgment was thereafter entered in favor of The Republic of Trinidad and Tobago for $131 million.
Gerber Products Company
On behalf of Gerber Products Company, won dismissal of all claims against the company in 29 putative class actions consolidated in the Eastern District of Virginia. Plaintiffs filed more than 130 consumer class actions against all major baby food manufacturers in courts nationwide alleging that the manufacturers failed to make adequate disclosures to consumers regarding their baby food products. We successfully consolidated all of the cases against Gerber, then won dismissal of the plaintiff's representative complaint on multiple grounds.
Anthem
White & Case achieved a landmark victory on behalf of Anthem (now Elevance Health), in one of the hardest-fought broken deal disputes in US history, resulting from the failed US$54 billion acquisition of Cigna Corporation. Over four years of litigation, two weeks of trial, and one appeal, our aggressive strategy from day one allowed Anthem to choose the grounds and define the playing field for their eventual trial success.
Meta, ongoing
White & Case serves as Meta's outside counsel, responsible for handling all of its international (i.e., non-US-based) litigation needs, including matters implicating international data protection, privacy, defamation, hosting provider liability, intellectual property and censorship laws. Relying on the power of our global network, we have handled lawsuits for Meta in more than 150 jurisdictions, spanning five continents. Our global litigation approach, centralized out of our Los Angeles office, ensures the efficient implementation of consistent positions around the world to handle cutting-edge issues. We not only successfully defend our clients in global litigation, but we also proactively persuade and educate courts, plaintiffs and government authorities on novel issues and new areas of law.
Boy Scouts of America
White & Case's litigation team led a 23-day trial in connection with confirmation of the Chapter 11 plan of reorganization for Boy Scouts of America ("BSA"), one of the country's oldest and most iconic non-profit organizations and one of the largest non-profit debtors in bankruptcy history. White & Case litigators played a central role in extensive mediation efforts with all major constituencies, leading to a series of settlements with certain of the BSA's insurers, the Church of Jesus Christ of Latter-day Saints, the United Methodist Ad Hoc Committee, and the Roman Catholic Ad Hoc Committee. These settlements – in addition to the contributions of the SA and its local councils – resulted in a proposed settlement trust to compensate abuse survivors comprised of $2.7 billion in cash and property, in addition to valuable rights to pursue additional recoveries against non-settling parties.
Daimler AG and Mercedes Benz USA LLC, ongoing
White & Case represents Daimler AG and Mercedes Benz USA LLC in the highly publicized Takata Airbag Products Liability multidistrict litigation (MDL). Representing our clients in two separate class actions in the MDL, one brought by consumers and the other brought by automobile recyclers, the White & Case team successfully obtained dismissal of Daimler AG from the consumer class action complaint based on the court's lack of personal jurisdiction. The team also obtained dismissal of several claims against Mercedes Benz USA LLC.
Hertz Global Holdings Inc.
White & Case advised Hertz Global Holdings Inc. on its successful financial restructuring after the rental car company filed for chapter 11 protection in response to the disastrous impact of the COVID-19 pandemic on its business. This engagement spanned multiple practices at the firm, including our litigation team. Following the confirmation of the company's reorganization plan by the Delaware Bankruptcy Court, the company officially emerged from bankruptcy. Judge Mary Walrath described the plan as a "fantastic result" that "surpasses any result I've seen in any chapter 11 case that I've faced in my 20-plus years."
Amber Capital
The White & Case team achieved a milestone for shareholder activism in France, advising London-based Amber Capital on the conclusion of a settlement agreement with Lagardère, which put an end to several judicial proceedings between the organizations. The activist campaign, which lasted nearly 5 years, was unique regarding its achievement since it was the first time in France that a listed Société en Commandite par Actions changed its corporate structure under the pressure of a minority shareholder.
Industrial and Commercial Bank of China, China Development Bank, Ex-Im Bank of China
White & Case acts for a syndicate of Chinese banks in respect of litigation proceedings and the restructuring of a US$925 million facility advanced to Reliance Communications Limited (RCom). RCom is part of the Reliance group owned and promoted by Mr. Anil Ambani, who was previously one of the richest people in Asia. On behalf of ICBC, White & Case obtained summary judgment against Mr. Ambani in the English High Court in respect of the outstanding amounts under the facility, which amounted to approximately US$716 million. This case showcases White & Case's ability to advise financial institutions across jurisdictions and practice areas in high-value complex disputes and transactions in relation to emerging markets.
Atol SA.
Our team advised Atol SA. (Atol), a leading French network of opticians, on its successful appeal hearing before the French Supreme Court in a case against Optical Center, a competing optical equipment retail network, following a 13-year dispute. The Nanterre Commercial Court rejected all of Optical Center's claims and ruled that Atol could not be held liable for the actions of independent merchants who were members of its network, putting an end to the legal action brought by Optical Center against Atol, ruling out any act of unfair competition attributable to Atol and paving the way to possible compensation for Atol in relation to its disparagement claim.
PT Ventures SGPS, S.A.
Taking the central role as global coordinator in a multi-jurisdictional litigation/arbitration, White & Case represented PT Ventures SGPS, S.A., a Portuguese telecommunications company, in a matter at the forefront of a corporate battle between major players to gain control of one of Africa's leading GSM network operators. The underlying dispute involved the governance of Angola's largest privately owned company, and the country's power structure, raising a number of collateral politically sensitive issues. In an arbitration proceeding, the tribunal ordered PT Ventures be paid an amount totaling more than US$650 million plus interest, along with arbitration fees and costs of more than US$12 million. Further, the tribunal also dismissed the counterclaim against PT Ventures.
Ioan Micula, European Food & others
The White & Case team scored award enforcement victories on behalf of client Ioan Micula, his brother and co-investor, and their companies. Faced with a European Commission decision holding that EU State aid rules prohibited payment of the arbitral award, our clients pursued enforcement actions in the US, the UK, Belgium and Sweden. Our clients prevailed in the EU's General Court, which fully annulled the EC's prior decision, and provided clarification regarding the incompatibility of arbitration clauses in intra-EU BITs. In the US, we obtained a favorable verdict in the US District Court for the District of Columbia, with the court entering a judgment in favor of our client of US$331 million plus interest.