Commercial Litigation

& alternative dispute resolution

Litigation is stressful. It helps to have exceptional counsel by your side. We have litigated cases before state and federal courts at both the trial and appellate levels with outstanding results. We are not “discovery litigators” that spend their clients’ money with endless discovery requests, depositions and disputes.  We succeed because we are at home in the courtroom and prepare every litigation matter with the expectation of a courtroom resolution.

We also routinely represent clients in arbitration, mediation and administrative proceedings.  Whatever the forum, we approach each client’s matter with intensity and an appreciation of the impact of the dispute on the client’s goals.

commercial disputes

Business can be contentious. The customer is not always right, suppliers sometimes overreach and controversies can arise between the most well-intentioned partners. We have represented plaintiffs and defendants in a variety of commercial disputes, including those arising from breach of contract, fraud, the relationship between shareholders and management, unfair competition, mergers and acquisitions and real estate transactions.

shareholder disputes

Even the most well-intentioned partnerships sometimes go awry.  Disputes between business owners are particularly acrimonious and complex. Owners may have divergent goals and styles that make their continued partnership incompatible.  Business owners sometimes steal from each other. We have deep experience litigating and negotiating resolutions to these disputes and are familiar with the risks they present to business operations. Informed by our transactional experience, we have developed settlement and “business divorce” structures that work for the owners while mitigating the operational impact on the entity.

mergers & acquisitions

Buying or selling a business can be profitable and rewarding. It can also give rise to potentially devastating litigation well after the transaction has closed. Post-closing adjustments and payments, transfer of assets and obligations of indemnification or rights to set-off are frequent areas of dispute. Unlike many litigation-only boutiques whose attorneys must spend billable time educating themselves on the nuances of a sale or acquisition, our transactional experience allows us to deliver powerful advocacy in this area quickly and efficiently.

unfair competition & misappropriation of INTELLECTUAL PROPERTY

A company’s employees are often its greatest assets but they can also present a significant risk to the valuable intangible assets of the business. An employee who misappropriates trade secrets or violates a non-compete or non-solicitation agreement can destroy value overnight. Employees who disclose or steal confidential information or who convert the company’s business opportunities to their own account can rapidly undermine a company’s operations.

Preventing irreparable damage requires fast and decisive legal measures. We have assisted clients in securing the return of stolen trade secrets and obtaining injunctions prohibiting former employees from soliciting customers or unfairly competing with the business.

arbitration

In binding arbitration, the parties agree to submit their dispute to a private person or panel, typically attorneys and former judges, and to be bound by the decision they render. Binding arbitration is sometimes required by contract and can be less expensive, less public and faster than traditional litigation. Our attorneys can review options for dispute resolution and advise on whether arbitration advances the client’s overall objectives. If arbitration is required, our attorneys have the experience necessary to aggressively represent the client’s interest throughout the process.

A jury consists of twelve persons chosen to decide who has the better lawyer.

Robert Frost