Commercial Litigation

When it comes to government enforcement of corporations, everyday investors, borrowers, consumers, and business owners may feel as though they are caught between titanic institutions.

Regulatory bodies such as the Securities and Exchange Commission (SEC), the Federal Trade Commission (FTC), the Financial Industry Regulatory Authority (FINRA), and the Consumer Financial Protection Bureau (CFPB) are tasked with reining in corporate abuses. While their enforcement actions do provide recourse for parties harmed by the wrongdoing of big corporations, victims often have no say over whether—and how—the government will take legal action on their behalf.

Private litigation is an important supplement to regulatory activity in promoting accountability and fairness in our markets. But successfully challenging corporate power in a globalized age requires a law firm with the reach and resources to litigate against corporations worldwide.

From antitrust conspiracies and securities fraud claims to claims involving business torts, contract disputes, and insurance company malfeasance, Milberg is built to handle complex, high-stakes commercial cases at any stage of the litigation process. The repeated success of our attorneys against well-funded adversaries with top-tier counsel has established Milberg as a go-to firm for commercial litigation.

Focus Areas of Milberg’s Commercial Litigation Practice Group

Milberg’s reputation has been built by winning challenging commercial litigation cases for more than a half-century across a spectrum of practice areas, including:

Antitrust

Our Antitrust Practice Group prosecutes large, complex antitrust and trade regulation class actions and other cases that target some of the most powerful and well-funded corporate interests in the world, including Bayer AG and Google. The firm has played an integral role in many cases involving price-fixing, supply manipulation, exclusive dealing, and refusals to deal. We prosecute antitrust violations against major corporations in sectors such as agriculture, healthcare, manufacturing, and technology and have served as Co-Lead Counsel in several major antitrust settlements.

Contract Dispute

Contracts are the backbone of commerce, providing clarity, defining responsibilities, and ensuring commitments are fulfilled. Even when everything is spelled out in the fine print of a contract, however, disputes can arise and lead to a legal challenge. There may be a disagreement over contract terms, definitions, and conditions, breach of the contract, disputes involving third parties, or issues around the enforceability of a non-compete agreement or non-disclosure agreement. Disputes also arise during negotiations over intellectual property-related and other commercial contracts.

Banking and Finance Litigation

Big banks may be “too big to fail” in the eyes of government regulators, but that shouldn’t let them off the hook for unethical practices that put shareholder value over the interests of their customers. Our attorneys have led class actions against some of the biggest players in the banking and finance industry—including Bank of America and JPMorgan Chase—that recovered billions of dollars and showed that no company, no matter how large or profitable, is too powerful to avoid legal consequences when they betray public trust.

Insurance Litigation

As the insurance industry has grown more consolidated and complex, it has increasingly left policyholders in the lurch. Insurance companies are some of the most profitable businesses in the U.S.—but they are not above the law. Starting in the 1990s, Milberg spearheaded insurance class actions that collectively settled for tens of billions of dollars and forced insurers to end discriminatory and deceptive sales practices. In addition, we’ve handled hundreds of insurance bad faith cases on behalf of insureds whose claims were delayed, denied, or underpaid.

Securities

There is arguably no firm that’s had a greater impact on securities litigation than Milberg. In its early years, Milberg created a new practice area when it began representing shareholder interests under Rule 23 of the Federal Rules of Civil Procedure, which as amended allowed securities fraud cases to be filed as class action lawsuits. Milberg attorneys have since represented plaintiffs in an array of financial cases, including securities class actions, derivative litigations, accounting malpractice disputes, and FINRA arbitrations that have returned billions of dollars to defrauded investors.

MSP

The Medicare Secondary Payer Act (MSP Act) is intended to lower Medicare costs by shifting them to private insurers that have primary payment responsibilities. But there are many instances where insurance companies do not pay their fair share, which imposes excess costs on the insurance system and threatens the long-term viability of Medicare. Our MSP Practice Group is committing significant resources to pursuing the reimbursement rights of Medicare Part C entities in nationwide lawsuits that seek to recover billions of dollars from uncooperative insurers.

Milberg: A Pioneer and National Leader in Commercial Litigation

Large commercial interests exercise a huge amount of influence over individual lives and our collective society. These interests are not to be underestimated. But neither are they to be considered too big to challenge.

Since the firm’s founding in 1965, Milberg has repeatedly taken the lead in landmark commercial cases that have set groundbreaking legal precedents, affected meaningful changes in how big companies conduct business, and recovered over $50 billion for our clients. We built our name and reputation by fighting for victims of some of the most infamous corporate scandals. More than five decades later, we remain on the cutting edge of commercial litigation, with an expanded ability to prosecute cases across the globe.