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For a number of years, there have been signs in many quarters of a downward trend in the number of commercial disputes resulting in litigation or arbitration.
Twenty-five years ago, it cost parties roughly the same to litigate in state and federal court. Plaintiffs chose federal court sometimes for expansive discovery or to get a good judge, even though state court was an available alternative and additur impermissible in federal court. Today, plaintiffs with non-federal causes of action flee federal courts, and those with federal claims scour the books for state law analogues. What happened?
The invitation to write the introductory article has allowed the opportunity to reflect with colleagues as to what makes a good litigator. Below is a selection of the qualities that I believe are seen in the best litigators that I have come across both acting for Legal & General and against it.
In the US, any fraud or financial irregularity or even a significant fall in the share price, will inevitably lead to class action litigation. This also extends to foreign corporates and intermediaries which do business in the US.
The invitation to write the introductory article to this publication offers a welcome opportunity to reflect on a concern expressed by many colleagues in different jurisdictions, namely whether traditional state court commercial litigation is an endangered species among the various methods of dispute resolution. I submit that it is not.
Dispute resolution is a central part of the service that law firms offer their clients, and this often takes the form of commercial litigation. The research for this chapter identifies 466 individuals in 50 countries as litigators of the highest proficiency, reflecting the depth and geographical breadth of the expertise in this field of law.
Litigation is big business in Florida and the state has produced many fine lawyers both as part of large firms and in focused boutiques. Greenberg Traurig LLP is the best represented firm, with five lawyers listed. This international firm’s worldwide links, deep bench strength and statewide coverage mean that the litigation department works like “a well-oiled machine”.
Singapore’s common law background makes it a perfect bridge between West and East, able to relate to foreign legal systems and keep abreast of changes in international legislation. The city-state’s litigation lawyers have created a strong tradition of excellence in the field and they are often called to participate in complex cross-border actions all over Asia and the rest of the world.
Litigation is big business in California, and this is reflected by the number of practitioners dedicated to this area, and the amount of boutique firms with a formidable presence in the state.
Texas boasts a phenomenal amount of litigation talent – 22 firms receive special mention here because of the quality of their lawyers. Vinson & Elkins LLP is a national litigation firm with five US offices – three of which are in Texas. The Texan heavyweight’s litigation section has been described as “a force to be reckoned with” on the national and international stage, with contributors noting its handling of complex cases, especially in the energy sector.
King & Spalding LLP made a strong impression in our research, and boasts the largest contingent of commercial litigators in the book. Votes cast place four of the K&S lawyers we feature among the top 10 in the state.
Chicago enjoys a reputation for the robustness and professional excellence of its commercial litigation fraternity. Typically, the city’s mid- to large-sized firms have used commercial litigation practices as the bedrock of their operations, with healthy competition from numerous specialist boutiques.
Click on the name of a lawyer below to view their profile. Lawyers shaded in purple have professional biographies in one or more practice areas.