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Commercial Litigation

Commercial litigation, in all of its forms, has been one of Helmsing Leach’s core practice areas since the firm’s inception over forty years ago. Our litigators long ago earned a “bet the company” reputation by, time and again, achieving successful outcomes for our clients in a cost-effective manner, be that through successful dispositive motions, favorable settlement (including via alternative dispute resolution) or, when appropriate, going to trial and winning. We have handled matters from the straightforward to the most complex in federal and state courts across Alabama, the southeast and the United States. Moreover, in the commercial litigation context, we are not only a defense firm; we also regularly prosecute claims on behalf of our business clients.

  • Deposit Guaranty Nat. Bank. v. Roper, 445 U.S. 326 (1980)
  • The Mitchell Co., Inc., v. Campus, 2008 WL 183344 (S.D. Ala. 2008)
  • Ex parte Novartis Pharmaceuticals Corp., 991 So2d. 1263 (Ala. 2008)
  • Alfa Mut. Ins. Co. v. City of Mobile, 981 So. 2d 371 (Ala. 2007)
  • Central Alabama Comprehensive Health Care, Inc. v. Aventis Pharmaceuticals, Inc., 427 F.Supp. 2d 1129 (M.D. Ala. 2006)
  • Hunt Petroleum Corp. v. State, 901 So. 2d 1 (Ala. 2004)
  • Parsons & Whittemore Enterprises Corporation v. Cello Energy, LLC, 2011 WL 382813 (S.D.Ala. ____)
  • Alabama Digital Crime Act
  • Anti-Kickback Statute
  • Antitrust (Sherman Act and Clayton Act claims)
  • Bankruptcy litigation, including dischargeability, insolvency and preference (lien avoidance)
  • Breach of contract
  • Breach of fiduciary duty
  • Business disputes
  • Computer Fraud and Abuse Act
  • Construction litigation
  • Corporate dissolutions
  • Deceptive trade practice claims
  • Defamation, libel and slander
  • Director and officer claims
  • Employee Retirement Income Security Act (ERISA) Claims
  • Enforcement and defense of non-competition agreements
  • Extraordinary and emergency relief (attachments, temporary restraining orders (TROs), preliminary injunctions, injunctions)
  • False Claims Act
  • Fiduciary duty claims
  • Franchise and distributorship disputes
  • Fraud (including promissory fraud, fraudulent misrepresentation, fraudulent suppression)
  • Fraudulent conveyances and transfers
  • Inheritance disputes
  • Intellectual property claims (patent, copyright and trademark, including Lanham Act claims)
  • Insolvency litigation
  • Licensing disputes
  • Medicare and Medicaid fraud
  • Misappropriation of trade secrets
  • Mortgage servicing litigation
  • Officer and director liability
  • Oil and gas litigation
  • Qui tam actions
  • Racketeer Influenced and Corrupt Organizations Act (RICO) claims
  • Securities fraud
  • Shareholder derivative suits
  • Stark Law
  • Tax litigation
  • Trade secret and noncompete claims
  • Trust and trustee litigation
  • Unfair trade practices
  • Violations of federal False Claims Act
  • Warranty claims

Attorneys

James B. Newman, Joseph P. H. Babington, J. Casey Pipes, Russell C. Buffkin, Patrick C. Finnegan, Ryan Luna, Karen Luce, Philip D. Mahoney, Thomas O. Gaillard, III William W. Watts, III.

Litigation

Corporate