We represent plaintiffs and defendants in complex commercial litigation in many fields, including business disputes involving contract, fraud, and intellectual property claims; disputes over the financing, ownership, and control of commercial real estate; disputes over the control, ownership, and breakup of businesses; federal antitrust, racketeering, and securities law claims; enforcing creditors’ rights in bankruptcy proceedings; and employment disputes involving senior executives. We also act as separate counsel for officers and directors in regulatory and internal investigations.
Our experience in complex commercial litigation is both broad and deep, and includes:
General Commercial
We represent plaintiffs and defendants in complex business litigation involving both contract and tort cases. Our lawyers have decades of experience in New York’s state and federal trial and appellate courts and are well-prepared to take an action from filing to appeal. Where appropriate, we will represent plaintiffs on a contingent fee basis.
Commercial Lending and Capital
We have significant experience in representing lenders to closely-held companies. We represent lenders in disputes over priority rights with other creditors, as well as disputes over failure to consummate loans after term sheets have been issued, and disputes over alleged abuse of voting rights acquired as a result of such transactions. In all cases, our goal is to help lenders protect their rights and recover their principal and interest without interference by other parties.
Commercial Real Estate
Large real estate transactions often give rise to significant litigation, potentially involving broker fees, retention of deposits, disputes over the underlying quality of the property and general disagreements about the division of proceeds. We represent parties in all such disputes, as well as in cases involving attempts to force the sale of real estate, and in applications for Yellowstone injunctions to stop commercial landlords from terminating leases before they expire.
Antitrust
We have significant experience representing plaintiffs and defendants in antitrust litigation. Because of our focus on the financial markets, we write the Manipulation Monitor, which covers the manipulation of the financial markets in violation of the antitrust laws. But our experience in prosecuting and defending antitrust actions covers a broad range of industries including particularly the pharmaceuticals/biotech and technology markets.
Closely-Held Companies
Disputes between minority and majority interest holders in closely-held corporations, as well as partnerships, LLCs, and LLPs, often lead to litigation. These “business divorces” frequently involve family members or long-time friends and business partners and can become particularly fraught. We often have represented parties involved in business divorces and can help you navigate these financially and sometimes emotionally challenging disputes.
Creditors in Bankruptcy
Defendants that suffer significant legal defeats sometimes try to take refuge in the bankruptcy courts. To protect their rights, plaintiffs have to get an exception to discharge under 11 U.S.C. § 523, which allows creditors whose losses arise from wrongdoing—for instance, various types of fraud, or willful and malicious conduct by the debtor—to prevent their debts from being expunged. We have brought many such actions, and have won at trial and on appeal in cases involving misappropriation of earmarked funds, sale of liened assets, concealment of money by debtors, and outright fraud.
Employment Litigation
Employment disputes are another common issue arising in business. We represent employers and employees in negotiating employment contracts and severance agreements, and we also represent both plaintiffs and defendants in litigation over wrongful termination, withholding of benefits, and civil rights violations including discrimination based upon sex, race, and age.
Government and Internal Investigations
Accusations of criminal wrongdoing by employees or officers can ruin a business. We have significant experience representing companies facing federal and state criminal and regulatory investigations, including responding to subpoenas, conducting internal investigations, negotiating with government officials, and representing companies in government interviews.
Separate and Independent Counsel for Employees, Officers and Directors
Sometimes, whether because of litigation or an internal or governmental investigation, a company’s officers, directors or employees should be represented by separate, independent counsel. Our breadth of litigation experience combined with our long experience in working with other firms makes us well suited for such representations.
Co-Counsel in the Commercial Division
To capitalize on our familiarity with the judges of New York’s Commercial Division, large firms from outside New York engage us to advise or serve as co-counsel in important commercial cases being heard in the Commercial Division.