Litigation & Arbitration

Complex Commercial Litigation

Complex commercial litigation in federal court: fraud, breach of fiduciary duty, civil RICO, and business disputes with criminal overtones.

Overview

The firm's complex business litigation practice is built at the intersection where civil and criminal law meet: fraud cases, breach of fiduciary duty involving misappropriation, civil RICO claims, business disputes that parallel government investigations, and post-investigation civil recovery proceedings. This is where the firm's former-prosecutor background creates structural advantages in civil court.

Former prosecutors know how to build a factual record for maximum impact at trial. They know how to use discovery to reconstruct a scheme, how to present complex financial evidence in a way a jury can follow, and how to use the leverage of parallel government proceedings (or the threat of them) in civil litigation. The Toshiba civil litigation arising from the FFS internal investigation is a concrete example: the investigation uncovered a bribery and bid-rigging scheme that caused more than $80 million in losses, and the findings enabled both a civil RICO suit and the criminal prosecutions in which the perpetrators pled guilty and went to prison.

Michael Garcia's securities litigation background, securities class actions, shareholder derivative suits, and FINRA arbitrations at White & Case, adds depth in public company fraud and securities disputes. Anel Viamontes brings civil litigation capability developed in parallel with the firm's cross-border and white-collar work.

Our Approach

Complex commercial cases with criminal overtones require a litigation strategy that accounts for all pending proceedings. A defendant in parallel civil and criminal proceedings has Fifth Amendment rights that affect civil deposition strategy. A plaintiff with parallel government proceedings must coordinate civil discovery with the government's investigation to avoid obstruction risks and to maximize leverage from the government's evidence.

We bring the same trial preparation discipline to civil cases that we apply in criminal defense: exhaustive factual investigation, preparation of every witness for the worst cross-examination, and a trial narrative built from the first day of the case.

Representative Experience

Latin America & Cross-Border

Civil RICO recovery for Argentine real estate investors
Recovered for Argentine real estate investors defrauded in a U.S. real-estate scheme in which the same property was sold to multiple buyers, bringing civil RICO claims and coordinating with Argentine co-counsel; the matter settled in 2023.
Oro Negro bondholders Section 1782 discovery
Represent Oro Negro bondholders in an active cross-border effort to trace at least $27 million diverted from special purpose vehicles that held bonds tied to Pemex oil drilling rigs off the coast of Mexico, using 28 U.S.C. Section 1782 to compel discovery in the United States, including discovery sought from opposing counsel Quinn Emanuel over roughly $8 million traceable to client accounts.

Complex Commercial Litigation & Arbitration

Cancer-compound trade-secret arbitration
Represented four individuals employed by a biotechnology company in a confidential arbitration involving allegations of trade-secret theft in the development of cancer-treatment compounds, with more than $100 million at stake and the client serving as a critical witness; the arbitration concluded with the matter resolved.
Cross-border aircraft-sale fraud dispute
Represented an Argentine company in a dispute alleging that a U.S. manufacturer fraudulently switched the model year of an aircraft it sold, valued at approximately $6 million. Related executives are under indictment.
Employee-theft recovery
Recovered losses for a company through civil fraud claims arising from employee theft.

Frequently Asked Questions

What is civil RICO and why is it powerful in fraud cases?

The Racketeer Influenced and Corrupt Organizations Act creates a federal civil cause of action for injuries caused by a pattern of racketeering activity. A successful civil RICO plaintiff is entitled to treble damages (three times actual losses) plus attorneys' fees. The statute applies to patterns of fraud, including wire fraud and mail fraud, which makes it applicable to most large-scale business fraud schemes. Civil RICO also creates federal court jurisdiction and can reach defendants across state and national boundaries.

How does a parallel government investigation affect civil litigation?

A parallel criminal investigation can be a significant asset in civil litigation; the government's evidence and charging decisions can create collateral estoppel and res judicata advantages for civil plaintiffs. But coordination requires care: the civil discovery process cannot be used to circumvent the limitations on criminal discovery, and civil plaintiffs with knowledge of criminal proceedings need to avoid conduct that could be characterized as obstructing or interfering with the government's case.

Team

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Michael E. Garcia

Partner

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Daniel Fridman

Founding Partner

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Anel Viamontes

Senior Associate

Related Insights

Complex Civil LitigationJune 15, 2026

Injunctive Relief and Civil RICO – Not For the Faint of Heart

Federal courts across the United States are currently split on the question of whether a private plaintiff is entitled to injunctive relief under the federal RICO statute. As things currently stand, the fate of a private plaintiff seeking injunctive relief under the federal RICO statute depends on where they file suit. And while the Supreme Court has had an opportunity to resolve the circuit split, it has thus far opted not to do so.

Facing a government investigation?

Time matters. Contact us before the first interview request.

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