BCLP's business and commercial disputes practice
  1. Practices /
  2. Litigation & Dispute Resolution /

Business & Commercial Disputes

Business & Commercial Disputes

Business & Commercial Disputes

Download PDFDownload PDF
Print
Share

Overview

Clients across the globe turn to us for guidance on navigating their complex business disputes when their commercial and reputational interests are at stake. Our lawyers offer clear, concise and efficient advice on the full range of commercial claims that enable our clients to gain the best result. We focus on carrying out our clients’ business objectives as effectively and efficiently as possible, whether that means trying a dispute to a final decision in an arbitration or in court or crafting and executing litigation strategies designed to leverage a commercial resolution.

We are a leading disputes practice, representing corporates, financial institutions, and governments in complex commercial litigation in the Courts and Tribunals. We have a proven track record of advising domestic and multinational companies across a broad range of sectors, including banking and financial services, food and agribusiness, manufacturing, retail, digital services and technology, energy, health care and life sciences, sports, media and entertainment, and hospitality. While we are geographically diverse, we are also “one firm” and assemble teams of lawyers with the skills and background needed to tackle our clients’ issues – across the globe.

We also have a strong record in the United States of resolving disputes through dispositive motion practice and, globally, through alternative dispute resolution, including mediation and other pre-trial strategies. Our experience, combined with the use of cutting-edge technology and an understanding of large-scale data, translate to positive and cost-effective results for our clients.

600+

Number of commercial disputes lawyers across the globe

20+

Number of lawyers with Higher Rights of Audience

8+

Number of fellows of the American College of Trial Lawyers in our U.S. trial teams. As well as several former assistant United States attorneys and numerous former district, circuit and U.S. Supreme Court clerks.

[BCLP] leaves clients feeling very happy with the overall level of service; its well-resourced team quickly grasps the key issues and its commercial approach adds value to litigation

Legal 500 UK

Using Data and Technology 

At BCLP, the imperative to innovate arises from our deep commitment to client service. We know our clients must operate with nimbleness and strength in an ever more challenging marketplace, and we expect the same of ourselves. Modern litigation requires an understanding of relevant technologies and the ability to manage large-scale data.  We are experienced in both of these areas and with the legal requirements for data preservation and production as well as how to use data strategically to enhance case results and hold down costs.

Using Data and Technology 

At BCLP, the imperative to innovate arises from our deep commitment to client service. We know our clients must operate with nimbleness and strength in an ever more challenging marketplace, and we expect the same of ourselves. Modern litigation requires an understanding of relevant technologies and the ability to manage large-scale data.  We are experienced in both of these areas and with the legal requirements for data preservation and production as well as how to use data strategically to enhance case results and hold down costs.

The team’s obvious expertise in the process and their willingness to stand behind its effectiveness which convinced us. The time and cost savings were hugely beneficial, but the real benefit was the confidence the process gave us that we had identified the appropriate documents from a huge amount of data and electronic communication. The win in the High Court is the ultimate measure of success for us.

Group Legal Director, FTSE 250 company

Meet The Team

Robert J. Hoffman

Robert J. Hoffman

Partner and Co-Global Practice Group Leader - Business and Commercial Disputes, Kansas City / Los Angeles

+1 816 374 3229

Oran Gelb

Oran Gelb

Partner and Co-Global Practice Group Leader – Business and Commercial Disputes, London

+44 (0) 20 3400 4168

Meet The Team

Robert J. Hoffman

Robert J. Hoffman

Partner and Co-Global Practice Group Leader - Business and Commercial Disputes, Kansas City / Los Angeles

+1 816 374 3229

Oran Gelb

Oran Gelb

Partner and Co-Global Practice Group Leader – Business and Commercial Disputes, London

+44 (0) 20 3400 4168

Meet The Team

Robert J. Hoffman

Robert J. Hoffman

Partner and Co-Global Practice Group Leader - Business and Commercial Disputes, Kansas City / Los Angeles

+1 816 374 3229

Oran Gelb

Oran Gelb

Partner and Co-Global Practice Group Leader – Business and Commercial Disputes, London

+44 (0) 20 3400 4168

Related Capabilities

  • Appellate

  • Banking & Finance Disputes

  • Class Actions

  • Distressed Real Estate

  • M&A Disputes

  • Mass Torts & Product Liability

  • Fiduciary Disputes

  • Forensic Technology

  • Insurance & Reinsurance

  • Consumer Finance Disputes

  • Crisis Management & Reputational Risk

  • Real Estate Disputes

  • Shareholder Securities and Mergers & Acquisitions

  • UK & EU Class Actions

Experience

  • Defending global provider of crop inputs and services in personal injury cases nationwide, including chemical exposure and catastrophic personal injury claims.
  • Acting for Legal and General (L&G), in a ground-breaking claim against Glencore. We are bringing novel claims under section 90A and Schedule 10A to FSMA 2000. L&G’s claims are being case managed together with claims brought by various major asset managers and institutional investors.  This group litigation, valued at around £1 billion, is at the forefront of securities actions in this jurisdiction.
  • Successfully defended a billion-dollar lawsuit filed against Leprino Foods Company and its majority shareholders, including Chairman and CEO James G. Leprino, ending nearly two and a half years of litigation. 
  • Acting for Tata Consultancy Services in relation to a dispute concerning a high value, long term outsourcing agreement with the Disclosure and Barring Service. Having been featured in The Lawyer’s Top 20 cases of 2023 and tipped to be one of the biggest IT trials of recent years.  A judgment is expected in the first half of 2024.
  • Obtained a significant victory for McLear & Co., a technology startup that designs and manufactures electronic smart rings, including payment rings, in a three-week trade secrets jury trial in the Northern District of California. McLear asserted three claims against a former officer and her company stole McLear's patent for the smart rings and then claimed they had the exclusive right to sell these rings in the U.S.
  • Acting for EE Limited in ongoing litigation against Virgin Mobile.  This high-profile dispute centres around the interpretation of exclusivity provisions concerning the migration of existing, and addition of 5G customers by Virgin Mobile.
  • Acting as lead trial and appellate counsel for Lumen Technologies in connection with various municipal license tax matters throughout the State of Missouri.
  • Acting for Playtech in a high-value contractual dispute with Caliplay SA. This hard-fought dispute has developed into a multi-jurisdictional engagement requiring us to provide urgent strategic advice and muster forces in Mexico to keep the claim in England alive at the same time as conducting the claim in England.
  • Defended global specialty pharmaceutical market-leader Mallinckrodt LLC and its subsidiary SpecGx LLC in an action for alleged trade secret misappropriation and breach of contract in federal court in the Eastern District of Pennsylvania by Genus Lifesciences Inc. in connection with Genus’s local anesthetic drug Goprelto. 
  • Acting for the Asturion Fondation – a foundation established to hold assets on behalf of the Saudi royal family – in highly contested proceedings for the recovery of an ultra-high value property portfolio including property in London. The case was identified by The Lawyer as one of their Top 20 cases for 2023 and the trial took place in October 2023.
  • Representing a global leader in the food & beverages industry in a multimillion claim involving antitrust, trade secret, business interference, breach of contract, and promissory estoppel in the U.S. District Court for the Central District of California.
  • Defended seller against claims of fraud, indemnification, breach of reps and warranties, and various investigations by U.S. Attorney’s office and various regulatory agencies in connection with a $550 million sale of a healthcare business; all contemplated charges were dropped and civil claims were settled for an amount below the funds remaining in the escrow account.

Related Insights

Insights
Sep 01, 2025

Anti-Enforcement Injunctions: a tool to restrain the enforcement of an English Court order or judgment

It is well established that an anti-enforcement injunction is available as an equitable remedy in the English Courts to restrain a party from enforcing a foreign court order or foreign judgment. Relying on those principles, BCLP obtained an anti-enforcement injunction on behalf of its clients to restrain the enforcement of an English Court judgment and order which is understood to be the first reported case of its kind: Federal Government of Nigeria & Anor v Louis Emovbira Williams [2025] EWHC 2217 (Comm).
Insights
Aug 28, 2025

Tort Reform and Beyond: Key Georgia Legislation Impacting Civil Litigation Since 2022

Since 2022, the Georgia General Assembly has passed several pieces of legislation providing significant impacts for civil litigation and litigants in the State’s courts. Together, the new laws indicate a legislative trend to reform certain practices, or unintentional consequences of judicial application of prior legislation, while also strengthening Georgia’s pro-businesses policies. Examples of the legislation enacted over the past three years include: the Apportionment Statute (O.C.G.A. § 51-12-33) and the codification of the Apex Doctrine (O.C.G.A. § 9-11-26.1) in  response to appellate court decisions, as well as Georgia’s Bad Faith Failure to Settle Statute (O.C.G.A. § 9-11-67.1) and a brand new Tort Reform Package (Senate Bills 68 and 69), which establish additional guardrails around potential claims and liabilities in Georgia. Though the recent 2025 Tort Reform Package represents the legislature’s most comprehensive effort to introduce statutory reform for civil litigation, this package stands with the preceding legislation as a notable backdrop.
News
Aug 14, 2025

A Look Into Litigation Funding

As litigation funding has drawn national headlines in recent years in connection with cases such as the Gawker and Smartmatic defamation actions, it has also received additional scrutiny from courts and judges interested in knowing who is or may be influencing the litigation in their courtrooms. Party litigants may likewise want to know who is funding their litigation opponent.This paper by BCLP Partner Jon Fetterly explores the emergence of local rules and court orders requiring disclosure of litigation funding arrangements, and the growing body of case law addressing when litigation funding is potentially relevant and discoverable. It also considers whether documents and communications shared with a non-party funder can be protected from discovery on the grounds that they are privileged and confidential. The authorities examined in this paper potentially apply to any case in which a party is funded by a non-party to the litigation, regardless of whether the funding supports the prosecution of a plaintiff’s claim or provides a defense to a person or group in need of counsel. 
Insights
Aug 04, 2025

The Football Governance Act – What You Need to Know

The Football Governance Act was passed into law on 21 July 2025. This follows a long period of debate amongst legislators, regulators, clubs, fans and other market stakeholders about the future of English football, in particular in relation to financial sustainability, corporate governance and transparency. The Act reflects an admirable legislative attempt to give effect to those principles, but the extent to which they can operate together in practice remains to be seen. The dispute resolution mechanisms available under the Act also raise interesting questions about the limits of the Independent Football Regulator’s powers, as well as the interplay between its decision-making functions and the courts’ oversight of the public law and antitrust issues arising from the Act’s new regulatory regime.
Insights
Jul 28, 2025

HK’s proposed legal framework for online hailing hire cars

Earlier this month, the Hong Kong Government unveiled its long-anticipated legislative proposal to regulate online hailing hire car services. This legislative proposal will pave the way to remove the legal uncertainty surrounding online hailing hire car services (“Services”) and improve personalised point-to-point transport services in Hong Kong.
Insights
Jul 25, 2025

Legal Privilege – the King has been advised – the Shareholder Rule no longer applies under English Law

Yesterday in a landmark decision, Jardine Strategic Limited v Oasis Investments II Master Fund Ltd and others, the Privy Council, on appeal from Bermuda’s Court of Appeal, has changed the law. “The status-based automatic Shareholder Rule is therefore now, and in truth has always been, a rule without justification. Like the emperor wearing no clothes in the folktale, it is time to recognise and declare that the Rule is altogether unclothed” [para 82].  Under English and Bermudian law, shareholders (and former shareholders) are no longer entitled to legally privileged communications belonging to the company during a dispute with them.

Related Insights

News
Sep 03, 2025
Article explores AI and legal ethics in Los Angeles County Bar publication
Insights
Sep 02, 2025
Federal Circuit Affirms IEEPA Tariffs' Invalidation But Questions Persist as to Future Injunctive and Monetary Relief for Importers
Insights
Sep 01, 2025
Anti-Enforcement Injunctions: a tool to restrain the enforcement of an English Court order or judgment
It is well established that an anti-enforcement injunction is available as an equitable remedy in the English Courts to restrain a party from enforcing a foreign court order or foreign judgment. Relying on those principles, BCLP obtained an anti-enforcement injunction on behalf of its clients to restrain the enforcement of an English Court judgment and order which is understood to be the first reported case of its kind: Federal Government of Nigeria & Anor v Louis Emovbira Williams [2025] EWHC 2217 (Comm).
Insights
Aug 28, 2025
Tort Reform and Beyond: Key Georgia Legislation Impacting Civil Litigation Since 2022
Since 2022, the Georgia General Assembly has passed several pieces of legislation providing significant impacts for civil litigation and litigants in the State’s courts. Together, the new laws indicate a legislative trend to reform certain practices, or unintentional consequences of judicial application of prior legislation, while also strengthening Georgia’s pro-businesses policies. Examples of the legislation enacted over the past three years include: the Apportionment Statute (O.C.G.A. § 51-12-33) and the codification of the Apex Doctrine (O.C.G.A. § 9-11-26.1) in  response to appellate court decisions, as well as Georgia’s Bad Faith Failure to Settle Statute (O.C.G.A. § 9-11-67.1) and a brand new Tort Reform Package (Senate Bills 68 and 69), which establish additional guardrails around potential claims and liabilities in Georgia. Though the recent 2025 Tort Reform Package represents the legislature’s most comprehensive effort to introduce statutory reform for civil litigation, this package stands with the preceding legislation as a notable backdrop.
News
Aug 14, 2025
A Look Into Litigation Funding
As litigation funding has drawn national headlines in recent years in connection with cases such as the Gawker and Smartmatic defamation actions, it has also received additional scrutiny from courts and judges interested in knowing who is or may be influencing the litigation in their courtrooms. Party litigants may likewise want to know who is funding their litigation opponent.This paper by BCLP Partner Jon Fetterly explores the emergence of local rules and court orders requiring disclosure of litigation funding arrangements, and the growing body of case law addressing when litigation funding is potentially relevant and discoverable. It also considers whether documents and communications shared with a non-party funder can be protected from discovery on the grounds that they are privileged and confidential. The authorities examined in this paper potentially apply to any case in which a party is funded by a non-party to the litigation, regardless of whether the funding supports the prosecution of a plaintiff’s claim or provides a defense to a person or group in need of counsel. 
Insights
Aug 04, 2025
The Football Governance Act – What You Need to Know
The Football Governance Act was passed into law on 21 July 2025. This follows a long period of debate amongst legislators, regulators, clubs, fans and other market stakeholders about the future of English football, in particular in relation to financial sustainability, corporate governance and transparency. The Act reflects an admirable legislative attempt to give effect to those principles, but the extent to which they can operate together in practice remains to be seen. The dispute resolution mechanisms available under the Act also raise interesting questions about the limits of the Independent Football Regulator’s powers, as well as the interplay between its decision-making functions and the courts’ oversight of the public law and antitrust issues arising from the Act’s new regulatory regime.
Insights
Jul 28, 2025
HK’s proposed legal framework for online hailing hire cars
Earlier this month, the Hong Kong Government unveiled its long-anticipated legislative proposal to regulate online hailing hire car services. This legislative proposal will pave the way to remove the legal uncertainty surrounding online hailing hire car services (“Services”) and improve personalised point-to-point transport services in Hong Kong.
Insights
Jul 25, 2025
Legal Privilege – the King has been advised – the Shareholder Rule no longer applies under English Law
Yesterday in a landmark decision, Jardine Strategic Limited v Oasis Investments II Master Fund Ltd and others, the Privy Council, on appeal from Bermuda’s Court of Appeal, has changed the law. “The status-based automatic Shareholder Rule is therefore now, and in truth has always been, a rule without justification. Like the emperor wearing no clothes in the folktale, it is time to recognise and declare that the Rule is altogether unclothed” [para 82].  Under English and Bermudian law, shareholders (and former shareholders) are no longer entitled to legally privileged communications belonging to the company during a dispute with them.
News
Jul 24, 2025
BCLP Recognised in the Chambers High Net Worth Guide 2025