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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.
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.
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