Business Litigation

business_litigationAs business litigators, our attorneys handle business litigation in state and federal courts in New York, New Jersey and other jurisdictions.  We also handle adjudications before administrative law courts, licensing boards and agencies, and other forums. We represent plaintiffs and defendants in a full range of business disputes such as business divorce, construction, consumer fraud, partnership, intellectual property and real estate, to name but a few areas of focus and expertise.

As a small firm, we are efficient and “lean.”  As alums of big firm litigation practice, we are also knowledgeable and skilled in litigating complex and “bet-the-company” cases. We also recognize and understand that litigation is a means to an end rather than an end in itself, and that pursuing a business objective in a litigation is a costly and time-consuming (and sometimes, maddening) undertaking.  We get it.  We understand that our business clients’ objectives are always the resolution of business disputes in a business-like way, but when circumstances dictate otherwise, we are prepared to go the distance in those matters that require judicial intervention.

We believe that a successful litigation outcome depends on a carefully crafted strategy formulated based on the client’s goals and risks, and a thorough understanding of the area of law, remedies and potential outcomes.  Our task as your lawyers in litigation is to protect your interests, taking into account risk and potential exposure.  We work with you to assess and manage risk, to jointly develop a plan and strategy to proceed with and conduct the litigation, and to do so with a careful eye on costs. In short, we strive to be strategic thinkers and skilled advocates, working toward a prompt and cost-effective resolution.

In addition to our litigation expertise and experience, we also help clients resolve disputes using alternate dispute resolution in all of its variations – arbitration, mediation, private judging, and DRBs.  And if the litigation or appeal process does produce an acceptable result for one party, the other may appeal.  We are experienced in pursuing and defending appeals and handling all aspects of the appellate process.

Areas of Focus

Business Divorce

Complex Contract and Commercial

Construction Disputes

Construction Defects

Consumer Fraud

Entertainment

Fiduciary & Trust

Franchise & Distributorship

Insurance Coverage

Intellectual Property, Copyright & Trademark

Oppressed Shareholder

Partnership Disputes

Patent

Privacy and Defamation

Real Estate Disputes

Restrictive Covenants, Trade Secrets and Duty of Loyalty

Securities Litigation

Appeals

Alternate Dispute Resolution (Arbitration, Mediation)

Representative Matters:

Represented state university in a real estate lease dispute in state court where tenant failed to maintain exterior façade of the 75 year old building resulting in a favorable multimillion dollar settlement for the university.

Represented a licensed engineer before the NJ State Board of Professional Engineers where the engineer had been accused of fraud and professional misconduct.  Successful in having all claims dismissed in their entirety.

Represented creditor of Germany-based Nevada corporation in litigation in federal court in Nevada seeking to foreclose on international intellectual property rights pledged as security for investment. Favorably settled.

Represented Swiss-based international investment group in federal court in California against US public company that designed and built hybrid automobile engines, where the company refused to honor the investors’ demands under share warrants.  Favorable settlement with the company honoring the warrant demands.

Represented Chapter 11 debtor in litigation in several states against state/city entities seeking to reject bus and billboard advertising contracts.  Favorably settled.

Represented patient advocacy business in arbitration and state court proceeding against surgical center and its related investors, the latter of whom allegedly failed to honor contractual commitments to pay a significant contingency fee to our client for work performed.  Favorably settled.

Represented commercial tenant alleging that landlord manufactured lease defaults in an attempt to wrongfully evict tenant and/or extract higher lease payments.  After obtaining significant partial summary judgment award in favor of tenant, the remaining case favorably settled during trial.

Defended company engaged in the development of mobile software and services against start-up company alleging that a multi-million dollar contingency fee was due for the review and audit of licensing agreements.  Favorably settled during AAA arbitration for less than 1% of plaintiff’s demand.

Defended publicly held company against allegations of employment discrimination based upon plaintiff’s ethnicity.  Obtained summary judgment dismissing plaintiff’s complaint in its entirety, and successfully defended plaintiff’s appeal to the Third Circuit Court of Appeals.

Defended commercial tenant accused of engaging in waste and damaging leased premises upon vacating the leased premises.  Favorably settled on the eve of trial after partial summary judgment was awarded dismissing significant parts of plaintiff’s complaint.

 

 

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