Litigation

Risk is inherent in any business. When you need counsel, count on the deep experience offered by the professionals at Foley.
We represent corporations in nearly every industry, handling some of the largest and most complex commercial lawsuits and arbitrations for both domestic and international clients, including Fortune 500 leaders.

Our Litigation Department is recognized as one of the largest and most comprehensive in the nation, with a team that consists of 300 attorneys and more than a dozen individual practice groups across the country. Our attorneys understand the challenges and risks of dispute management — whether litigation, alternative dispute resolution, civil lawsuits, or criminal or government investigations — and we have the skills and judgement to help you achieve optimal results.

We are consistently top-ranked by leading market surveys:

  • Eleven practices received national Tier 1 rankings by U.S. News — Best Lawyers ® Best Law Firms 2017, while 18 were recognized as Tier 1 in metro areas 
  • The Best Lawyers in America 2017 recognized 64 Foley attorneys, three of which earned Lawyer of the Year recognition in their respective practice areas 
  • Nine practices have been recognized by Chambers USA: America’s Leading Lawyers for Business 2016, along with 24 individual attorneys 
  • Three practices were recognized by The Legal 500 United States 2016, including one litigator who was named to the elite Leading Lawyers list

Representative Matters

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Foley litigators succeeded in greatly narrowing claims brought against our client, Vicor Corporation. Vicor was sued by its former distributor in Israel, Bruno International, Ltd., for breach of the covenant of good faith and fair dealing, misappropriation of confidential information, tortious interference with contractual relations and advantageous business relationships, and unfair and deceptive practices under Chapter 93A. The claims stemmed from Vicor’s contracting with additional distributors in Israel and then terminating Bruno. After considering the Foley team’s motion to dismiss the five counts, Judge Woodlock issued a 63-page decision dismissing three counts in their entirety, including the 93A claim, and one count in part. The client is “quite happy” with the outcome as it transforms the case from a very large potential liability to a very small one.
Foley secured a major victory for Goulds Pumps, Inc., a manufacturer of industrial pumps, and flagship subsidiary of ITT Corporation. Over the last decade, Goulds Pumps has become one of the leading industrial pump manufacturers for the North American oil and gas market, due in large part to its state-of-the-art API (American Petroleum Institute) pumps. In December 2013, Goulds Pumps’ biggest distributor, DXP Enterprises, Inc., announced its plan to acquire B27, LLC. However, PumpWorks 610, a division of B27, also manufactures API pumps, selling them in the same territory as that granted to DXP under the parties’ distribution agreement. Despite being warned by Goulds Pumps not to acquire B27 DXP completed the purchase in January 2014, prompting Goulds Pumps to file an arbitration demand in April 2014, seeking a declaratory judgment that it had the right to terminate DXP as a distributor. After DXP’s failed TRO attempts in both state and federal court in Texas, arbitration began in earnest in September 2014. A year later, and after a seven-day hearing with testimony from 12 witnesses and rounds of post-hearing briefings, the arbitrator held that, under the Texas Dealer Act, Goulds Pumps did indeed have good cause to terminate DXP.
In November 2008, Foley was retained to represent Landamerica's top officers, including the CEO, CFO, general counsel, treasurer, and two others, when the Fortune 500 company was forced to declare bankruptcy in the midst of the financial meltdown. LandAmerica, which included two of the largest title insurance companies, also included a 1031 exchange subsidiary that invested the funds of its clients in Grade A Auction Rate Securities, which became frozen and unavailable when the market collapsed. What followed was a years-long series of investigations and civil litigation. The DOJ and the SEC conducted their investigations over a two-year period and ultimately were persuaded by Foley not to bring any charges against our clients or any other employees. Multiple waves of litigation against our client followed — by the bankruptcy trustee, a MDL class action on behalf of the 1031 exchange purchasers, an ERISA class action, and several related litigation matters, including pending litigation by the MDL Opt Outs. We obtained remarkable success in resolving the complex multiple parallel investigations and civil litigation on behalf of our clients over seven years.

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