Skip to Main Content.

Business & Commercial Litigation

Experienced. Responsive. Trusted.

Distinguished as one of the top business litigation practices in the firm’s footprint, our team offers innovative, timely and strategic solutions to complex legal issues in pursuit of our clients’ business goals. We pride ourselves on working hard from the inception of the matter and throughout the life of the case. We also routinely intervene long before litigation is initiated, employing risk management and avoidance strategies as a key part of our advisory services. When litigation is unavoidable, however, or presents the best alternative, we are vested in a positive outcome for our clients and work aggressively towards the most effective and expedient resolution.

Practice Area Contact

A person is smiling and wearing a business suit with a tie.
Peter M. Cummins

Practice Group Leader

Louisville, KY

Areas of Focus

While we represent clients in all types and stages of litigation, we have notable depth and a proven track record in the following areas:

  • Antitrust
  • Breach of contract
  • Breach of fiduciary duty
  • Commercial lending/lender liability
  • Consumer claims
  • Corporate governance
  • Franchise and licensing
  • Fraud and misrepresentation
  • Fraudulent transfers
  • Internal investigations
  • Negotiable instruments
  • Real estate
  • Restrictive covenants
  • RICO
  • Securities
  • Tortious interference
  • Trade secrets
  • Transactional disputes
  • UCC Article 2
  • Unfair competition
  • White collar crime
  • Zoning and land use

Representative Experience

  • The successful defense of NASCAR in an antitrust case filed by Kentucky Speedway LLC, relating to NASCAR’s refusal to award Kentucky Speedway an event in NASCAR’s most popular series, the NEXTEL Cup Series. NASCAR obtained summary judgment on all claims.
  • Frost Brown Todd obtained a gross judgment in excess of $128 million on behalf of eight members of the Burley Tobacco Growers Cooperative Association (BTGCA). Frost Brown Todd successfully argued that the court should establish a common fund for the benefit of approximately 198,000 BTGCA members and that Frost Brown Todd’s clients who filed the suit should receive incentive payments for their active and extensive participation in the litigation.
  • Frost Brown Todd obtained a summary judgment for several large healthcare entities and individuals defending federal and state antitrust claims of monopolization, attempted monopolization, refusal to deal and exclusive dealing as well as state law claims for tortious interference with contracts and tortious interference with business relations.
  • Frost Brown Todd obtained dismissal of a purported class action brought by a large pension fund shareholder of a public utility seeking to block the company’s proposed merger with another large utility company headquartered in the southeast, which allowed the merger to proceed on schedule.
  • Frost Brown Todd obtained a summary judgment in a federal court in Miami, Fla., on claims arising out of our client’s purchase of substantially all of the assets and air routes of a Miami-based air cargo and transportation company. The summary judgment was affirmed on appeal.
  • Frost Brown Todd successfully defended several companies in an American Arbitration Association arbitration arising out of the sale of those businesses to a St. Louis-based publicly traded business outsourcing company. The three-member arbitration panel issued a lengthy decision, finding in favor of our clients and ordering the claimant to pay our clients’ attorneys fees and arbitration expenses.

Featured Insights

Explore articles and recent examples of our work.

A chess on a wooden floor with success icons symbolizes the strategic planning and execution required to achieve marketing goals, represents the careful consideration and strategic thinking
You Need Appellate Counsel Sooner Than You Think: Why Hire Appellate Counsel Before Trial vs. After Verdict

June 5, 2025 | Publications

For high-stakes litigation, waiting until after an adverse verdict to engage appellate counsel can b...

Frost Brown Todd Strengthens Commercial Litigation Capabilities with Addition of Partner Michael Richter

May 15, 2025 | Press Releases

Frost Brown Todd (FBT) has added respected commercial litigator Michael Richter as Partner in the fi...

Frost Brown Todd Bolsters Commercial Litigation Practice with Addition of Partner Simon Levy

May 12, 2025 | Press Releases

Frost Brown Todd (FBT) has added commercial litigator Simon Levy as a Partner in the firm’s Busine...

Antitrust Developments Update for April 2025

April 30, 2025 | Presidential Administration Impacts

Updates from Prior Antitrust Developments Chamber Challenges New HSR Rules In our last antitrust dev...

Close up of unrecognizable woman signing a contract.
Making Sense of Small Biz Fair Lending Compliance

April 24, 2025 | Presidential Administration Impacts

Starting this June, the first tier of small business lenders will begin collecting certain data to r...

Courtroom
Recent Survey Shows Class Actions on the Rise and More Expensive to Defend

April 9, 2025 | Publications

Recently, Carlton Fields issued its 2025 Class Action Survey based on interviews of general counsel ...

Social Security Reform Legislation
Antitrust Developments Update for March 2025

March 26, 2025 | Presidential Administration Impacts

FTC Announces Revised HSR Thresholds and Filing Fees The Federal Trade Commission (FTC) adjusts the ...

Individuals are engaged in a discussion with a gavel on the table, suggesting a legal or formal setting.
Sick of ALJs? The New Right to Federal Court During Agency Prosecutions

March 18, 2025 | Presidential Administration Impacts

Practitioners and scholars all agree that last summer, the U.S. Supreme Court overhauled the adminis...

Outdoor, night and woman with smartphone, screen and typing with digital app and texting a contact. City lights, evening or email with person, message or cellphone with social media, tech or internet
Clicking Has Consequences: Fourth Circuit Rules Streaming Service’s Arbitration Clause in Website Registration Is Enforceable

March 12, 2025 | Publications

Proponents of arbitration received a victory in federal court this past Tuesday when the U.S. Court ...

Business people, high angle and meeting in building with collaboration, financial pitch with document for strategy. Above, tax accountant and table teamwork with budget paper for economy in office
Legislature Takes Steps to Ensure Texas Remains the Most Business-Friendly State in the Union

March 10, 2025 | Publications

On February 27, 2025, Senator Bryan Hughes (R-Tyler) filed Senate Bill 29 (S.B. 29), proposing sever...

Stay ahead of the law.

Subscribe to receive email updates and choose your topics.