Commercial Litigation

Since BGL was founded in 1982, we have represented institutional clients and individuals in business disputes from Maryland to California. From breach of contract claims to ERISA and RICO, BGL has litigated, arbitrated, and mediated cases of every size and value. Our experience spans a broad spectrum of industries, and we take pride in getting to know our clients and telling their stories in understandable and persuasive ways. Our attorneys are routinely recognized for their commercial litigation practices by the leading industry publications and organizations including Chambers, Super Lawyers, Best Lawyers, Lawdragon, the American College of Trial Lawyers, and Litigation Counsel of America. BGL’s deep experience allows us to go toe-to-toe with the world’s largest law firms and our small size means we can work with our clients to reach successful outcomes in a cost-efficient manner.
 

Contract Disputes

Contracts are the backbone of commerce and an enterprise’s success oftentimes hinges on a careful interpretation of a contract’s language. From supply agreements to management services agreements to non-competition and non-solicitation agreements, we have an extensive record of successfully representing plaintiffs and defendants in contract disputes.

Representative Cases

  • Successfully represented a management services company in arbitration for breach of contract by a medical cannabis growing, processing, and retail business, with damages valued in excess of $25 million (2020).

  • Negotiated repayment in full of $1 million investment in a start-up company, plus interest and attorneys’ fees.

  • After a government agency canceled a software developer’s contract and refused to pay its $1 million-plus bill, we developed and executed a strategy that convinced the agency to pay the bill in full and cost the client less than $25,000 in fees.

  • Successfully defended a commercial tenant at trial in a breach of lease case worth more than $8 million.

  • Represented publicly traded regional home builder in a dispute with its principal lender and again in a disputed multi-million-dollar commission to an investment banker.

  • Successfully represented solar installation company in contract with general contractor.

  • Successfully represented dairy cooperative in action against supplier of parts for dairy processing facility.

  • Successfully defended a major national retailer against landlord’s attempts to limit product lines.

  • Represents former executive of Maryland-based company alleged to have violated non-competition and non-solicitation agreement, and trade secret laws.

FRAUD AND COMPLEX LITIGATION

Not every business dispute is born from a contract. Our commercial litigation team is skilled at prosecuting and defending business fraud and other complex cases, including trade secrets claims and claims under the Racketeer Influenced and Corrupt Organizations Act (RICO) and the Employee Retirement Income Security Act (ERISA), by marshaling facts and developing compelling narratives for judges and juries.

Representative Cases

  • Successfully represented a group of ambulatory surgery centers in defending a $20 million lawsuit brought by a national insurance company alleging violations of RICO and ERISA and in prosecuting a counterclaim for over $20 million of payments due for services provided to patients insured by the company.

  • Won dismissal of outside directors from suit for alleged securities fraud that ultimately settled for $7.5 million against other defendants.

  • Won dismissal in trial court and successfully defended on appeal a fraud case brought against a Fortune 500 company by a former owner of a company subsidiary.

  • Convinced federal bankruptcy court to dismiss fraud action against a pharmaceutical company.

  • Successfully pled and defeated motion to dismiss RICO claim alleging conspiracy to take over client’s business by a law firm/business advisory practice and its owners.

  • Successfully represented healthcare technology company in case involving alleged fraud and ERISA violations stemming from supply of Covid tests during pandemic.

Ownership and Governance Disputes

As businesses evolve, disagreements can arise among owners and with investors. These high-stakes disputes may stem from buyouts, mergers and acquisitions, dissolutions, shareholder claims, breaches of fiduciary duties, and finance arrangements. BGL works with businesses of all kinds, and their owners, to navigate these contentious circumstances.

Representative Cases

  • Successfully petitioned to vacate confessed judgment against business and its owners worth more than $8 million.

  • Represented minority investor in fight for control of a commercial real estate project worth hundreds of millions of dollars.

  • Successfully represented owner of pizza restaurant in dispute with co-owner and secured judgment for full value of client’s attorneys’ fees.

  • Represents owner of highly regarded restaurant in breach of contract and breach of fiduciary duty claim against co-owner for failure to pay distributions.

Cannabis

The speed at which the state-legal cannabis industry has grown can present unique dispute resolution challenges. BGL represents businesses and individuals involved in the cultivation, processing, and distribution of cannabis in breach of contract actions, ownership, governance and management disputes, and finance disputes. BGL works with cannabis-related clients to understand the risks and rewards of litigation, arbitration, and mediation, and helps them plot an efficient course to realize their business objectives.

Representative Cases

  • Successfully represented a management services company in arbitration for breach of contract by a medical cannabis growing, processing, and retail business, with damages valued in excess of $25 million (2020).

  • Represents owner of dispensary license in arbitration and litigation involving breach of contract, fraud, and RICO claims against multistate operator and its subsidiaries.

  • Represents multistate operator in multi-million-dollar litigation against dispensary owner for breach of consulting agreement.

Medical Industry and Insurance Disputes

BGL regularly represents medical professionals and businesses in the medical and insurance-billing industries in ownership and governance disputes and in disputes with major insurance companies. When the need arises, we work closely with doctors, nurses, and other professional license holders to navigate not only litigation but also the regulatory system in Maryland to protect their continuing ability to practice.

Representative Cases

  • Successfully represented a group of ambulatory surgery centers in defending a $20 million lawsuit brought by a national insurance company alleging violations of RICO and ERISA and in prosecuting a counterclaim for over $20 million of payments due for services provided to patients insured by the company.

  • Successfully represented healthcare technology business in fraud and ERISA litigation against major insurance company over billing for Covid tests during pandemic.

Local Counsel

BGL has a long record of helping out-of-state attorneys and clients navigate the state and federal courts in Maryland. Many of our attorneys are former law clerks for state and federal judges and we are actively involved in bar associations, including the Federal Bar Association and the Maryland State Bar Association, as well as bench-bar committees. BGL’s depth of experience, and continuing engagement with the courts, positions us well to serve as local counsel in all types of commercial litigation.

A Note About Fees

BGL prides itself on working with its clients to find efficient and effective outcomes to litigation. In addition to hourly rates, BGL offers flexible fee arrangements including, when appropriate, hybrid fee agreements that combine reduced hourly rates with a risk-sharing component, contingent on obtaining a specified outcome.

 

Awards

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American Academy of Appellate Lawyers
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Best Lawyers - Firm Logo (1)
Champion of Justice 2023
LeadingLitigators
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Martindale-Hubbell, Preeminent - Peer Rated for ethical standards and legal Ability, 2021
  • Chambers USA 2023, America's Leading Lawyers for General Commercial Litigation, Maryland.
  • Best Lawyers recognized Andy Freeman as its "Lawyer of the Year" for Baltimore Bet-the-Company Litigation for 2023.
  • Chambers USA 2022, America's Leading Lawyers for General Commercial Litigation, Maryland.
  • Chambers USA 2021, America's Leading Lawyers for General Commercial Litigation, Maryland.
  • Chambers USA 2020, America's Leading Lawyers for Business, General Commercial Litigation, Maryland.
  • Ranked Tier 1 in Baltimore by Best Lawyers and U.S. News & World Reports for Bet-the-Company Litigation, Commercial Litigation, and Litigation – Real Estate.
  • Chambers USA 2019, America's Leading Lawyers for Business, General Commercial Litigation, Maryland.
  • Best Lawyers "Lawyer of the Year," Baltimore Litigation – Real Estate (2015).
  • Fellows, American College of Trial Lawyers.