Business & Commercial Litigation

A mainstay of our Firm’s practice is business-related litigation. We regularly represent corporations, partnerships, joint venture entities, universities and healthcare organizations in contract disputes, trade secret and unfair competition litigation, restrictive covenant enforcement, Uniform Commercial Code matters, shareholder actions, insolvency issues, disputes arising from mergers and acquisitions, real estate and commercial lease disputes, and general commercial matters of all sorts. We also maintain a complimentary intellectual property litigation practice, which handles an array of intellectual property matters.

We recognize that commercial litigation can be costly and disruptive for any business, in terms of both financial and human resources. We therefore make all appropriate efforts to resolve the dispute at the earliest possible stage, and with the least possible expense and risk. At the same time, if a case must be tried, we have the trial skills and experience necessary to effectively present the case to a jury, judge or arbitrator.

Representative engagements include:

• Defending real estate investment trust in claim for breach of contract and fiduciary duty, based upon failed merger in the context of an initial public offering.
• Recovering substantial monies that multinational firm had loaned to customer, based upon fraudulent misrepresentations by customer’s senior creditor.
• Representing Fortune 100 company in several multi-jurisdictional claims of alleged theft of trade secrets and violations of restrictive covenants, resulting in protection of proprietary information and licensing of complex technology.
• Defending business forms publisher in federal class action involving alleged violations of Fair Debt Collection Practices Act.
• Pursuing recovery of investments of health and welfare plans defrauded by investment advisor and related entities.
• Representing large pharmaceutical house in multidistrict litigation seeking recovery for allegedly fraudulent pricing practices.
• Defending government subcontractor in federal class action brought against it, a commercial airline and a data mining company for alleged violations of Electronic Communications Privacy Act, and related state privacy causes of action, by putative class comprised of persons allegedly injured by disclosure of name records.
• Defending national cable company against claims of infringement and trespass with regard to placement of fiber optic cable installed in large commercial office park.
• Representing manufacturer in litigation relating to alleged performance failure of custom processing machinery.
• Representing multi-national pharmaceutical companies in litigation alleging false and fraudulent reporting of “average wholesale price” for various drugs in order to inflate reimbursement paid by governmental and private payors.
• Defending claims of seller of closely-held corporation for return of funds applied to reimburse buyer due to failure of acquired product line.
• Defending operator of nationwide chain of retail outlets against claims that it breached leases requiring development of properties.
• Defending leading manufacturer of metal products against claims that its products failed to conform to contract specifications.
• Representing major international brewer in action against wholesaler, which after discovery and expert depositions resulted in settlement terminating wholesaler and releasing wholesaler’s claims to existing and future brand rights.
• Defending industry leading operator of funeral homes and cemeteries against suit alleging breach of lease.
• Defending claims of defamation and interference with contractual opportunities made following objections to online auction site that its customer was using our client’s intellectual property without authorization.
• Pursuing claims of fraud, breach of fiduciary duty and civil conspiracy against former employee and customer arising out of an illegal kick-back scheme.
• Defending teaching hospital against claims of breach of contract, fraud and intentional interference with contract and prospective business advantage torts brought by medical professional.
• Defending investment counseling firm in claims for alleged breach of contract and breach of fiduciary duty in providing investment advice relating to a securities portfolio.
• Defending landlord and national real estate brokerage firm in dispute over subleases of commercial office space.
• Representing large utility in prosecution of claims against vendor who failed to timely manufacture and deliver conforming goods to be used in connection with major transmission system upgrade.
• Defending manufacturer in litigation relating to the performance and warranty of x-ray equipment.
• Representing major manufacturing client in claims relating to inadequate and untimely performance by subcontractor.
• Representing minority and majority shareholders in corporate dissolution proceedings.
• Prosecuting and defending multiple injunction proceedings enforcing, or defending against the enforcement of, restrictive covenants, non-compete agreements and non-solicitation agreements.