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Commercial Litigation

Whatever the complexity, intensity or personality of the commercial dispute, Foster Swift attorneys draw on their extensive litigation and dispute resolution experience, substantive legal knowledge and efficient use of technology to develop strategies that meet client’s goals and make economic sense.

Organizations seeking our counsel include sole proprietorships through Fortune 500 companies. Clients retain Foster Swift because we are aggressive in providing efficient solutions.  We are aware of the negative effect prolonged litigation can have on business productivity. Services offered include:

  • Trial advocacy in state and federal district, circuit and appellate courts
  • Designing effective and right-sized litigation strategies
  • Handling breach of contract matters
  • Using our training and experience in arbitration and mediation to develop alternative dispute resolution opportunities for clients that minimize exposure and maximize the potential for future business
  • Using technology in discovery and case management in the best interest of the client
  • Providing guidance necessary to avoid costly, protracted disputes.

Always on the cutting edge, several of our attorneys have earned additional credentials in alternative dispute methods.  In fact, one of our attorneys has been approved as a commercial neutral by the American Arbitration Association and has received certification as a mediator for international business conflicts by the International Mediation Institute.

A range of the types of cases we handle include:

  • Administrative agency matters
  • Appellate matters
  • Business interference and unfair competition
  • Contract disputes
  • Collection - Debtor - Creditor Rights
  • Environmental and other statutory regulations 
  • First Amendment issues
  • Franchising issues
  • International business transactions
  • Labor and employment matters
  • Intellectual Property - trade secret protection
  • Transportation contracts and claims
  • Uniform Commercial Code, sales and secured transactions

Clients from a variety of industries seek out Foster Swift attorney for commercial dispute matters, such as:

  • Agri-Business
  • Automotive manufacturers and parts suppliers
  • Chemical manufacturers
  • Construction
  • Energy and Utilities
  • Environmental
  • Financial Institutions
  • Franchisers and Franchisees
  • Media Entities
  • Oil and Gas refineries and distributors
  • Plastic producers
  • Public entities
  • Real estate
  • Transportation
  • Waste Management

Successful representations

Our clients have prevailed in all sorts of claims, including many difficult, high-stakes cases.  These have included:

  • A major national trust and private banking institution needed counsel in federal litigation.  We aided the client in addressing claims involving securities and investment management issues.
  • A national paper products manufacturer had a problem with an application of the Whistleblowers’ Protection Act to illegal employee activity.  In a case of first impression, our attorneys obtained favorable federal district and appellate court judgments.
  • A coalition of forest and paper products industry members and trade associations hired our team to lead a challenge under the Federal Clean Air Act. We were successful.
  • General liability insurers were looking at major environmental coverage litigation.  Our attorneys successfully defended claims involving historic contamination at a rubber products manufacturing facility.
  • Foster Swift successfully defended cargo claims against various transportation entities, such as brokers, freight forwarders, motor carriers and railroads.

The consistency of our results and the level of client service have earned Foster Swift attorneys a high level of credibility among lawyers and judges.  Hence, it is no surprise that more than half of the lawyers in this practice group are recognized in Best Lawyers in America and Michigan SuperLawyers as outstanding litigators.  Additionally, our attorney, Webb Smith has earned the very rare honor of being elected to the American College of Trial Lawyers.  This is a credit earned by only one percent of the trial lawyers in the United States.  Furthermore, because of their reputation, several Foster Swift attorneys have been appointed to become district, circuit, appellate, Supreme Court and federal judges.

Clients of every size can rely on custom-crafted counsel, in litigation or arbitration, that reflects our commitment to personal attention and efficiency. 

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