Commercial / Business Litigation

Litigation is the foundation of Cowles & Thompson. Our commercial litigators understand the complex business issues as well as the strategic challenges that characterize business litigation. Our combination of business acumen and courtroom experience gives our clients a distinct advantage, while our size allows us to provide the personalized service and attention they expect.

We routinely represent commercial clients in disputes with claims involving antitrust, contracts, securities, employer/employee issues, real estate, construction, environmental issues, unfair competition, and creditors’ remedies. We aggressively handle all types of commercial cases from small contract disputes to complex class-action matters. Importantly, when a client calls on us on short notice to oppose or seek an emergency restraining order or deal with some other short-fuse court proceeding, we have the experience to effectively respond.

Key areas of experience:

  • Contract disputes: including breach of warranty, defective products, failure to perform, noncompete agreements, and collections
  • Business tort claims: including fraud, deceptive trade practices, defamation, duress, breach of fiduciary duty/duty of good faith, tortious interference, and unfair competition
  • Complex litigation
  • Construction litigation
  • Intellectual property litigation: trademarks, trade names, copyrights, patents, and trade secrets
  • Technology litigation: breaches of computer hardware, software, or computer services contracts
  • Employment litigation: retaliatory discharge, sexual harassment, breach of contract, unfair competition, racial discrimination, noncompete agreements, and theft, misuse, or misappropriation of assets or confidential information
  • Environmental law
  • Disputes between shareholders, co-tenants, and partners
  • Lender-borrower disputes: usury, lender liability, real estate valuation, and deficiency suits
  • Real estate litigation: lien claims; construction defects; boundary, easement, or possession disputes; and landlord/tenant claims
  • Oil and gas litigation
  • Extraordinary and equitable relief: temporary restraining orders; temporary and permanent injunctions; distress warrants; and writs of re-entry, attachment, garnishment, possession, sequestration, and execution
  • Municipal litigation: eminent domain, zoning disputes, and land use


Our trial attorneys are trained to listen first. We understand clients have different business and legal objectives, which range from righting a wrong to limiting financial exposure. We know that handling difficult litigation matters requires not only a thorough knowledge of relevant areas  of law, but also a complete understanding of our clients’ objectives. Because our attorneys have extensive experience in many types of cases, we are able to provide creative solutions and sound advice in response to sophisticated and complex litigation problems. We work with each of our clients to assess the issues and risks and devise a litigation plan that will meet  the client’s objectives.

Section Head:  Sim Israeloff