Business Litigation

Perkins Coie's Business Litigation group regularly litigates matters that span the spectrum of complex commercial litigation. We handle all types of contractual disputes, ranging from failed or problematic M&A deals to the application and enforcement of the UCC. We also have significant experience litigating disputes arising from shareholder, partnership or LLC agreements where control of the business entity is at issue. We have litigated contract disputes in federal and state courts throughout the country and in a wide variety of arbitration forums.

Our group also regularly prosecutes and defends business torts involving interference with contract, fraud, unfair competition, misappropriation of trade secrets, and related claims. These types of claims often require emergency injunctive relief at the outset of the case, with the outcome of the injunction proceeding typically determinative of the outcome of the case.

We have vast jury trial, bench trial, and arbitration experience in a wide range of matters. While the majority of business disputes are resolved via motion or settlement before trial, our breadth of trial experience ensures that client matters that do settle are resolved on the most advantageous terms possible.

The attorneys in our Business Litigation group all share a common goal: to vigorously represent and enforce the rights of our clients in their contracts and business dealings, and to do so as efficiently as possible.

Representative Experience

Below are examples of cases that the attorneys in our Business Litigation group have handled. For an additional listing of our cases and experience link to: Experience

Contract disputes

• Boeing Co. v. U.S. Airways, Inc.
  Successfully prosecuted on behalf of Boeing a breach of contract claim involving defendant’s failure to accept delivery of aircraft.
  
  
• MCImetro Access Transmission Services v. Qwest Corporation
  Successfully defended Qwest in an arbitration claim that sought $50 million under a disputed contract.
  
  
• Starbucks Corporation v. ADT Security Services, Inc.
  Successfully prosecuted on behalf of Starbucks a breach of contract claim, and related claims including fraud and misrepresentation, against its former security provider.

Business torts

• Classic Party Rentals v. the PGA TOUR, et al.
  Successfully prosecuted Classic's tortious interference claim against the PGA TOUR stemming from a third party's breach of a lucrative agreement in which Classic was to provide equipment and services to the PGA TOUR's professional golf tournament in Los Angeles, obtaining a favorable settlement.
  
  
• Daymon Associates v. David Young & Associates
  Successfully prosecuted breach of fiduciary duty, breach of contract and trade secret misappropriation claims by Daymon Associates against former officers of the company. Obtained a jury verdict of $1 million plus $400,000 in costs and attorneys' fees, as well as a $270,000 damages award, with $40,000 in attorneys fees from a separate civil contempt trial based on injunction violations.
  
  
• Gilbert P. Hyatt v. Franchise Tax Board of the State of California
  Successfully prosecuted Gilbert P. Hyatt's intentional tort claims including fraud, invasion of privacy and other torts stemming from government misconduct during the tax audits and investigation of the plaintiff. Obtained a jury verdict of $388 million in compensatory and punitive damages.

Emergency injunctive relief

• Classic Party Rentals v. Tabachman, et al.
  Obtained preliminary injunction and then a permanent injunction for Classic enjoining defendants' use of misappropriated trade secrets obtained through defendants' unauthorized download of client and pricing information from Classic's computer system.
  
  
• Quiznos v. Brodheim
  Obtained preliminary injunction for Quiznos enforcing post termination provisions of franchise agreement including non-use of trademarks under the Lanham Act and enforcing the covenant not to compete, and then obtained money judgment on behalf of national franchise company against former franchisee.
  
  
• Stokely Van Camp, Inc. v. Coca Cola
  Obtained requested injunctive relief for Stokely Van Camp when Coca Cola agreed to withdraw offending TV commercials in action brought seeking to enjoin Coca Cola's advertising of PowerAde brand against PepsiCo's Gatorade brand.

Corporate and partnership/LLC disputes

• Jaeger v. Robbins
  Represented member of several limited liability companies against other members in connection with claims for breach of operating agreements and breach of fiduciary duty.
  
  
• Preferred Machining Corp. v. Cox
  Represented minority shareholder in an action involving breach of a shareholder agreement and oral modification of its pay-out provisions.