Business Litigation
Balch & Bingham’s Business Litigation Practice Group handles a wide variety of business disputes, focusing on complex commercial litigation. Our experience ranges from insurance disputes, securities litigation, banking and financial services litigation, class actions, energy disputes, antitrust and unfair competition, intellectual property, business torts, real property and title insurance, to all types of commercial disputes. We regularly litigate in state and federal court, as well as arbitration forums, across the Southeast and pride ourselves on our courtroom experience. Because much of complex commercial litigation can be costly, Balch & Bingham aims to create a strategy with the client to get the most efficiency for the client and recognize those claims that can be defeated early. Click here to view the Business Litigation Newsletters.
Among the many types of actions handled by this Group are:
Commercial And Corporate Litigation: We represent a variety of parties in general business litigation. These matters include contract disputes, shareholder derivative litigation, franchise disputes, UCC Article 2 claims, breach of fiduciary duty claims, lost profits litigation, and many other similar matters. Among many other matters, we were co-counsel in representing a large corporate client in major litigation during a proxy fight for control of a Fortune 500 Corporation and defended another client (a mutual insurer) against "golden handcuff" claims. Examples of recent cases include:
Defending a Fortune 500 retailer against class action claims brought by suppliers for violations of UCC Article 2.
Obtained a $970,000 judgment and additional $1,000,000 settlement on behalf of two franchisees in related constructive termination actions against their franchisor.
Defended a major public utility in breach of contract claims arising out of the Western Power Crisis of 2000 - 01, dealing with failure to provide reasonable assurances and early termination of such contracts. The claims totaled over $330 Million but were settled at 25 cents on the dollar.
Represented public utility in disputes with suppliers of nonconforming goods, leading to full replacement.
Defended Fortune 500 corporation in lawsuit brought by former officer and director to enforce contract for SERP benefits. Case settled for approximately 10% of former executive’s claim.
Defended corporate officers and directors against breach of fiduciary duty and minority shareholder oppression claims in ongoing litigation dealing with local corporation with multiple franchises.
Financial Services Litigation: Balch & Bingham’s business litigators together with the other Financial Institutions practice groups provide one of the leading, and perhaps most comprehensive, representation of the financial services industry anywhere in the Southeast. We have handled hundreds of litigation and administrative disputes for banks, finance companies, mortgage companies, loan servicers, retailers, insurance companies and others involved in banking and consumer finance disputes, including credit card matters. Examples of the many types of cases we have recently defended include: UCC Article 3 & 4 claims, RESPA claims, mortgage fees and escrow litigation, routine banking litigation (including disputes over the wording of CDs, payment of CDs, instructions for account payments), merchant credit card litigation, identity theft, ECOA, state tax litigation for financial institutions, securities litigation for financial services corporations, broker dealer disputes, lender liability, FDCPA, TILA, satellite dish financing, TISA, and litigation over tax shelters. Representative matters include:
Successfully defended repeated disputes over wrongful endorsements or forged drawer signatures, such as a dispute with bank customers over responsibility for the wrongful endorsements of checks by employees.
Successfully defended a class action charging a bank with improperly calculating the interest on certain certificates of deposits.
Successfully defeated a class action over check posting order.
Successfully defended a putative class action against a bank by holders of defaulted industrial revenue bonds leading to a successful settlement.
Currently defending identity theft litigation.
Defended multiple actions over fees charged by mortgage companies and loan servicers.
Currently defending RESPA class actions, including allegations of splitting of fees.
Representing financial institutions over the enforcement of multi-million dollar loan guarantee agreements.
Securities Litigation: Balch & Bingham’s Securities Litigation Practice Group has handled a wide variety of regulatory, administrative, and federal and state actions. Among other things, we have extensive experience litigating before the NASD, including customer disputes, Form U5 filings, Form U4 expungement claims, registration claims, as well as broker dealer disputes. The Group also regularly handles TRO and Preliminary Injunctions related to Broker Dealer disputes, including noncompetition or nonsolicitation agreements (or trade secret claims). We also handle state and federal securities claims, corporate investigations, derivative suits, accounting malpractice cases, and securities class actions. Recent examples of such actions include:
Acted as counsel to Board of Director’s Committee to investigate claims in shareholder derivative action for Fortune 500 Company.
Defended major accounting firm in securities class action over bankruptcy of publicly traded athletic store.
Defended financial institution against securities fraud claims asserted under the Alabama Securities Act. Successfully defended summary judgment on appeal, creating significant new precedent on Blue Sky law claims in Alabama.
Energy Litigation: Balch and Bingham has a nationally recognized, full service energy practice. Having worked with and for energy and other public utilities for over 80 years, the Firm has a wide base of experience with corporate, tax, securities, environmental, real property, and risk management issues confronting energy and public utility firms. The Firm is active in the major energy trade groups and has produced leaders in these groups and major energy corporations. Our substantial grounding in the nuts and bolts of the energy and utility industries, together with specialized expertise in all areas of legal endeavor, gives Balch & Bingham the unique ability to quickly and effectively form cross-functional teams to staff litigation matters in an efficient and comprehensive fashion. The Firm has represented a diverse group of clients, ranging from major multi-state electric holding companies to small industrial users of gas and electricity, to developers of biomass collection and distribution systems, to gas production firms seeking access to local gas transportation systems. We work regularly with complex (and simple) matters relating to state and federal jurisdiction disputes arising out of dual regulatory schemes, contractual disputes between utilities, controversies concerning retail wheeling and transmission access, transmission system interconnection and regional utility coordination, as well as conflicts arising out of major energy development projects.
Over the past several years alone, the Firm has advised and represented clients involving the following:
Service territory allocation and essential facilities and antitrust matters;
Exercise of force majeure and price reopener provisions of large coal purchase contracts;
Defense of a major public utility holding company system in the largest Clean Air Act enforcement action ever launched by the United States;
Prosecution of a challenge regarding the Department of Energy’s obligation to dispose of spent nuclear fuel;
Franchise competition, utility accounting, stranded costs, premise liability for exposure to asbestos and other substances:
Royalty and tax cases concerning natural gas production:
Bulk power sales contract disputes between multi-state holding companies and pole attachments:
Challenges by numerous utilities against the Federal government and distributors of Federally generated power with regard to scope and nature of permissible power sales.
Intellectual Property: Balch & Bingham has a wealth of experience in a wide variety of Intellectual Property litigation. Indeed, the first chair of the Alabama State Bar Section on Intellectual Property as well as the incoming Chair are both Balch & Bingham litigation partners. Balch & Bingham has filed hundreds of copyright enforcement actions for a content provider industry association. Balch & Bingham IP litigators have assisted in a variety of internal computer forensic investigations involving unauthorized access to a protected computer system under the Computer Fraud and Abuse Act. Balch & Bingham IP litigators have also filed and defended alleged violations of Franchise Agreements. Balch & Bingham has litigated hundreds of matters dealing with trade secrets, trademarks, copyrights, patents, noncompetition/nonsolicitation agreements, privacy, “right of publicity” matters, and Internet matters. For instance, we
Handle several Internet domain name cybersquatting actions in both the court system and through the arbitrators at the World Intellectual Property Organization.
Handle a wide variety of "passing off" and other related false advertising claims involving nationwide television advertising campaigns, art and brand identity issues generally.
Prosecute and defend a wide variety of trade secret cases involving allegations of theft of inventive works that may qualify for trade secret protection, and/or patent and infringement actions.
Prosecute or defend cases involving breach of contract and interference with business relationships involving foreign defendants who have made unauthorized use of inventions or have attempted to exercise control over other’s inventions.
Real Property/Title Insurance Litigation: The Firm is a recognized regional authority in real estate litigation, for landowners, governmental agencies, public utilities, and title insurers. Over the past 80 years, Balch & Bingham has handled hundreds of condemnation cases, and has also participated in the writing of statutes on condemnation. The Firm also handles a wide range of litigated matters including disputes involving adverse possession, condominiums, easements, ejectment and quiet title actions, mechanic’s liens, nuisance, premises liability, titles and title insurance and trespass. In addition to litigating cases in the federal and state courts of Alabama, Georgia and Mississippi, we have been retained by a number of individuals and companies to serve as appellate counsel, and have filed numerous amicus curiae briefs on behalf of such clients as Alabama Power Company, the Alabama Land Title Association, and the American Land Title Association. Examples of recent matters include:
Multi-state water rights litigation involving the States of Alabama, Florida and Georgia, the United States Army Corp of Engineers, and local Alabama and Georgia water users in both the Alabama, Coosa, Tallapoosa Basin (Northern District of Alabama) and the Appalachicola, Chattahoochee, Flint Basin (Middle District of Florida).
Defended multiple flood damage claims by landowners in six Alabama counties downstream from Tallapoosa River hydroelectric projects.
Represented universities both as condemning authorities for educational purposes and as land owner in highway widening project.
Represent the Alabama Land Title Association, as amicus curiae, in appeal to the Supreme Court of Alabama involving local fire district foreclosure deeds.
Represent the State of Alabama Forever Wild Trust Fund in quiet title action involving a 160-acre tract of land.
Antitrust and Unfair Competition: Our Firm has experience in a broad range of antitrust and unfair competition litigation, including trial and appellate work in both state and federal courts. Among the many issues addressed by our lawyers include antitrust standing, antitrust injury, state action, Noerr-Pennington immunity, distributor terminations and alleged monopolization. Examples include:
We have defended antitrust claims relating to the manner in which domain names are deleted from the registry and registrar database in certain Top Level Domains.
We assisted in defending a national Pharmacy Benefit Management Company from Section 1 allegations made by a class of pharmacies.
We represented national ice cream manufacturer in multidistrict litigation and four-week jury trial in patent, trademark and antitrust litigation.
We have obtained substantial settlements in antitrust cases involving allegations of price fixing.
We defended an automotive parts supplier from Robinson-Patman and other antitrust claims from a customer.
We defended a multi-state class action alleging price fixing in the lysine market.
We defended class action dealing with accounting for parts as impacting electric utility rates.
We defended a car battery distributor from Section 1 and Section 2 allegations, and Robinson-Patman allegations from a competitor/customer.
Insurance Disputes: We represent both insurers and commercial policyholders, and handle coverage opinions, coverage analyses, declaratory actions and extra-contractual damage cases. Our lawyers both defend and prosecute litigation involving liability coverage, claims handling procedures, property insurance rates, diminished value claims, credit life, vanishing premium and force-placed insurance, collateral protection litigation, fidelity bond claims and arson and theft cases. Our lawyers are called on to advise carriers and policyholders regarding insurance practices, coverage issues and risk allocation and are experienced in preparing coverage opinions, reservation of rights analyses and legal claims involving risk allocation, insurance coverage and insurance practices. Representative matters include:
Represent insurers and commercial policyholders in coverage analyses and litigation involving commercial general liability, professional liability, employer’s liability, errors and omissions, directors and officers liability, commercial property and other insurance policies and products.
Represented policyholders in environmental insurance coverage matters relating to toxic tort litigation brought by over 400 claimants.
Represented policyholders in property contamination insurance disputes (PCBs, chlorinated solvents and mold) and recovery of remediation/clean-up costs.
Represented insurers and policyholders in business insurance disputes over hurricane damage under commercial property policies and the National Flood Insurance Program.
Represented insured officer of Enron affiliate in insurance interpleader action involving Directors and Officers liability coverage.
Represent insurers and insureds in analyses and disputes involving construction defect claims, indemnity agreements and additional insured endorsements.
Construction Litigation: On behalf of its clients involved in construction enterprises, Balch & Bingham regularly consults and litigates over the broad range of construction and development issues. Balch & Bingham serves as counsel to virtually every party involved in a construction project, including general contractors, subcontractors, owners, lenders, sureties, architects, engineers and developers. We work on commercial and institutional building projects, electric generating facilities, industrial plants, transportation facilities, and residential structures. The firm also represents building industry professionals before state licensing boards. The Firm also provides employment and labor litigation representation, including disputes before the NLRB, OSHA claims, unfair labor practice claims, and standard employment disputes. Examples of recent litigation for the Firm include:
Won a $5.58 million jury verdict on behalf of several condominium owners against a national engineering firm for claims arising from professional negligence in the design of sewer pipes.
Won million dollar settlement for construction defect claims against general contractor and architect to compensate homeowners for water leaks and mold in several part of building.
Successfully represented large homebuilder in an action to strike down and enjoin enforcement of municipal ordinance imposing moratorium on the issuance of building permits and certificates of occupancy.
Successfully represented surety to obtain recovery of damages incurred due to improper project inspection.
Successfully represented general contractor in recovery of 100% of amounts owed for construction work performed on commercial project.
Class Actions: Balch & Bingham lawyers have extensive experience in litigating nationwide and statewide class actions in state and federal courts, including the representation of banks, corporations, utilities, accounting firms, and many other entities. We have experience in all aspects of class action litigation, including litigating the class certification itself, conducting class and merits discovery, litigating the merits in large class action cases, negotiating settlements and obtaining approval -- including those in which there are objectors, and successfully handling appeals involving class certification and related issues. Our experience also includes utilizing the latest case management technologies in class actions and other complex, multiparty disputes. Examples of recent cases include:
We defeated a class action alleging wrongful action in the making of tax refund anticipated loans.
We successfully defended and settled a large securities class action against a nationwide accounting firm where the underlying corporation had filed for Chapter 7 bankruptcy protection.
We defeated a class certification in a state court class action against a nationwide insurer over property insurance rates.
We defended a class action in state court regarding settlement practices in auto repair claims against a nationwide insurer.
We defeated a class action alleging, among other things, fraud, suppression, and breach in the sale of medicaid and medigap insurance.
We defeated a class action on the merits in a state court action alleging pollution of a lake by local landowners.
We have litigated several class action toxic tort cases (including settling on an individual basis).
In a case involving a purported nationwide class, we obtained summary judgment on the underlying claims in a case against a large Internet Registrar relating to the release of expired domain names. This judgment was affirmed on appeal.
Appellate Litigation: Balch & Bingham handles appeals both from cases it handled at the trial level and as new counsel on appeal. We have handled thousands of such appeals in both federal and state courts, including punitive damage cases that require post trial punitive damage hearings at the trial level and appellate review thereafter. For instance, the firm was retained as lead counsel to handle the largest single punitive damages award in the history of the Alabama court system. The firm also acted as amicus counsel in successfully obtaining a reversal by the Supreme Court of the United States in an important arbitration case. Balch & Bingham has also handled numerous other appeals involving issues important to the banking, energy, insurance and health care industries, to name a few.
REPRESENTATIVE CLIENTS
- Alabama Bankers Association
- Alabama Power Company
- Alfa Corporation
- Alfa Insurance Companies
- Auburn University
- Compass Bank
- Express Scripts, Inc.
- Exxon Mobil Corporation
- HealthSouth Corporation
- Litton Loan Servicing
- Merrill Lynch
- Network Solutions, Inc.
- Regions Bank
- UBS Financial
- University of Alabama at Birmingham
RELATED PRACTICES