Complex Disputes

Overview

High-stakes disputes are part of the hypercompetitive business landscape. Our litigators create customized approaches aligned with your priorities.

We work with you to resolve issues on your terms. We use value-driven, pre-litigation strategies to limit your exposure and avoid escalating problems. And we maximize our impact by managing costs and incorporating tech-forward project management tools.

We aim to resolve your matter pre-suit and pretrial, but when litigation is unavoidable, trust our experience in courts and ADR.

Our trial lawyers uncover angles and opportunities other firms miss. We see the big picture and develop processes, strategies, and clauses to prevent or limit suits and communicate positions to avoid creating or expanding litigation risks.

We are driven by your goals but use our experience to help you shape and meet or exceed them.

Representative experience

• Lead counsel for a large pharmaceutical company in an expedited trial in Delaware Chancery Court claiming fraud against defendant biotech company. Secured a favorable ruling and more than $49 million in damages and pre-judgment interest to our client
• Named to Courtroom View Network’s “Top 10 Most Impressive Defense Verdicts” for unanimous jury verdict for an international aviation company in a product liability case.
• Won dismissals for franchisor and franchisees in two putative class actions seeking refunds and damages based on temporary closure during the COVID-19 pandemic. Also successfully defended assisted living facility owner in putative class action in connection with COVID-19 care.
• Lead counsel for drug compounder that successfully obtained dismissal of a competitor’s claim for unfair competition based on federal preemption, which further defeated competitor’s motion for preliminary injunction.
• Defended an EPC contractor in an owner claim for $60+ million after a six-week arbitration hearing, securing an award of $3.5 million in attorneys’ fees. Upheld arbitration award on appeal.
• Lead counsel for a start-up pharmaceutical company in expedited arbitration relating to a series of incorrectly calculated earnout payments. The arbitrator awarded our client more than $3 million in reimbursement, plus pre- and post-judgment interest, as well as attorney fees and costs.
• Secured a $3.6 million award in fees and costs in a contract case pursuant to a fee-shifting provision contained in subcontract. The amount awarded was nearly 90% of what we sought.
• Counsel to hospitals in New Hampshire, Connecticut, and New York in litigation against the CMS regarding the calculation of disproportionate share payments under the Medicaid statute; secured injunction against CMS regarding enforcement of illegally enacted policies, which was upheld by the United States Court of Appeals for the First Circuit. Then won fee award pursuant to the Equal Access to Justice Act.
• Obtained summary judgment in federal court against the Securities and Exchange Commission (SEC) in favor of an investment banker accused of violating securities laws. The case was dismissed and our client was vindicated.
• Principal outside counsel in developing the program that has for years minimized litigation exposure for one of the world’s largest telecommunications companies.

Recognition

• Nixon Peabody has been named a Tier 1 National firm for Commercial Litigation in the 2024 edition of Best Law Firms®.
• Ranked in Chambers USA for Litigation (General Commercial) in Massachusetts, New Hampshire, Upstate New York, and Rhode Island
• Recommended in The Legal 500 United States 2023 editorial for Dispute resolution – Product liability, mass tort and class action: toxic tort – defense