Litigation

Litigation (lawsuits representing either a plaintiff or a defendant) is our forte. We are known for our aggressive but professional defense of our clients’ position. We will never be out-witted, out-worked, or out-muscled, no matter how large our opponent.

Depending on the case in question, litigation matters can be based on an hourly rate, a contingency, or a combination of the above. We believe greatly in risk sharing, and will, for certain matters, negotiate a lower hourly rate in exchange for a contingency.

Partnership, Corporate, and Company Disputes and Business Divorce

Lawsuits are often the result of when business relationships go sour. The two most common types of conflicts involve disputes between partners or members of a business, and those involving a breach of a contract with a third-party.

When businesses or partnerships dissolve, people often find themselves wronged by those they trusted. We focus our practice on handling matters where a partner or member is, in bad faith, looting the business or depriving you of your share of control or profits. Our forte is ridding you of an upstart partner, or allowing you to safely and profitably exit an uncomfortable situation. We are skilled at using both negotiations and the Courts to enforce our clients’ rights.

Contract Disputes and Commercial Litigation

Parties to contracts often find themselves receiving something altogether different than what they bargained for. Alternatively, you may find that someone you agreed to work with is no longer performing their duties. Breach of contract comes in a variety of fact patterns, but the constant is that an agreement, written or verbal, was breached, and you suffered financial lose as a result.

However, there are many other forms of commercial litigation. Trademark infringement, licensing abuse, real estate sales and many other cases fall under this broad category. Do not hesitate to ask us about your specific situation, and how we can help.

Breach of Fiduciary Duty and Fraud

Many of us do business with those whom we must trust with our best interests. This includes brokers, investment managers, agents and even lawyers. That relationship of duty and trust is called a fiduciary relationship. If the party in whom you put your faith is either careless or abusive of that trust, you may have an action against them. As these actions are based not on contract but on a willful or negligent act, there may be damages available that exceed what the breach cost you directly. This cause of action is also relevant when one is contemplating action against a business partner or fellow shareholder in a corporation. For more on this overlap, please see our Business Law page.

Fraud, on the other hand, does not require as intimate a level of trust or dependence. Fraud merely requires a misstatement or omission of a critical fact that results in you being cheated for the benefit of the other party. These cases can involve agreements, sales of homes, securities or personal property, business arrangements, and other exchanges were a lie put you in an unenviable position.

Insurance and Coverage Disputes

Our firm’s insurance practice is specifically tailored to coverage-related disputes involving business and commercial policies. Our two main branches of focus are a casualty provider’s refusal to cover a substantial loss (over $100,000) and defending an insurer’s action to disavow coverage when you are sued for a loss by a third-party. We are prepared to stand up to your provider and get you the coverage you bargained for.

Restaurant and Bar Litigation

Our client base is, first and foremost, comprised of restaurants, bars, nightclubs and other hospitality entities. In addition to partnership disputes and contract breaches as described above, we handle suits involving commercial landlord-tenant disputes (including non-payments and hold-overs), administrative summons from agencies such as the Department of Buildings, Environmental Control Board, Fire Department and Department of Health, and trademark-related litigation.

If you are in the hospitality industry, we are the first contact you need. Please be sure to check out our Business Law tab for your transnational needs.