COMPLEX COMMERCIAL

Massey & Gail represents clients across the country in complex commercial disputes in federal and state trials and appeals, and in mediations and arbitrations. We also provide strategic counseling services to resolve disputes without litigation. We pride ourselves in providing innovative and nuanced guidance tailored to our clients’ needs and objectives.

We handle “bet the company” cases, involving claims of contract breach, tortious interference with contract, products liability, breach of fiduciary duty, fraud, unfair trade practices, and insurance coverage. We also defend and prosecute class actions involving such claims.

Our team has litigated many important complex commercial cases for both defendants and plaintiffs. Our experience on both sides of disputes gives us unique insights and abilities to resolve disputes efficiently and successfully.

We have either won or settled favorably most of the complex commercial matters on which we have been engaged.

REPRESENTATIVE MATTERS

Obtaining a defense verdict at trial and successfully defending that judgment before the Ninth Circuit Court of Appeals in a case involving a certified class alleging over $750 million in damages under California’s Unfair Competition Law arising from allegedly deceptive adjustable-rate mortgage loan disclosures.
Prosecuting, on behalf of a major financial institution, breach-of-contract and conversion claims in federal court, and achieving a favorable settlement on the eve of trial after winning summary judgment.
Successfully defending a professional services firm in a case regarding enterprise software implementation against breach of contract and fraud claims alleging over $40 million in damages.
Securing the dismissal of a Truth in Lending Act putative class action against a major financial institution seeking over $100 million in damages and successfully defending that dismissal on appeal.
Securing the dismissal on appeal of a nationwide class action seeking hundreds of millions of dollars in damages against a major financial institution under the Real Estate Settlement Procedures Act.
Obtaining a $6.5 million jury verdict for a telecommunications company on breach of contract and other state-law claims.
Obtaining an $8 million arbitration award for a private equity firm on breach of contract and fraud claims stemming from the sale of a healthcare company.

PRACTICE AREAS

Antitrust & Competition

Consumer & False Claims Act

Freedom of Information Act

Privacy

Bankruptcy & Creditors’ Rights

Constitutional Law

Healthcare

Regulated Industries

Complex Commercial

Financial Services

Intellectual Property

Tax

Trials & Arbitrations

We regularly try high-stakes, complex cases across the country in every type of forum—state and federal courts, administrative tribunals, arbitrations, and other dispute resolution proceedings—with great success. Our decades of experience in the courtroom, plus our deep bench of seasoned attorneys, give us uncommon litigation firepower. We are often asked to step in to try an already pending case after a client reexamines its trial team.

Appeals

We have briefed and argued appeals in the U.S. Supreme Court, every federal circuit, and innumerable state courts. We handle appeals in every conceivable scenario—where our firm conducted the trial below and where we didn’t; where we are hired to replace existing counsel and where we are asked to work cooperatively alongside them. Whatever the circumstances, we provide a valuable, fresh appellate perspective and deliver excellent results for our clients.

Policy & Regulatory Work

We regularly represent clients before federal agencies and in state administrative and regulatory proceedings. We often use those proceedings as tools to resolve our clients’ business issues as an expeditious and cost-effective alternative to litigation. We also assist clients in submitting comments to proposed rules, meeting with government officials, and challenging agency rules after adoption. In addition, we have prepared court of appeals and U.S. Supreme Court briefs on important questions of administrative law.

Strategic Counseling

We help clients understand and evaluate the costs and benefits of different options for resolving the issues they face. We understand that litigation is often the last resort rather than the first choice, and we strive to formulate out-of-the-box strategies for meeting client needs in a cost-effective and timely way. Our nimble teams of experienced attorneys identify innovative solutions where other firms cannot. We also help our in-house clients manage outside counsel in particularly large or fast-paced matters.