LITIGATION

We have successfully represented clients involved in virtually every type of complex corporate, commercial and contract matter, appearing across the country in federal and state trial and appellate courts, administrative tribunals and other forums for alternative dispute resolutions, and before governmental agencies.

The firm has represented clients in actions involving: breach of contract, warranty and fiduciary obligations; the so-called “business torts” including fraud, negligent misrepresentation, interference with contracts and prospective business opportunities, misappropriation of trade secrets, unfair competition, business defamation and disparagement and conversion; corporate shareholder and partnership disputes; shareholder derivative actions; construction disputes and lien enforcement matters; securities fraud; insurance coverage claims; and matters involving the enforcement of restrictive employment and non-competition covenants, “golden parachute” agreements and exclusive dealing arrangements.

The hallmark of our success is our unique ability to craft innovative legal strategies designed to meet our client’s goals and to address to our client’s satisfaction, those crises requiring immediate action. With superior practical knowledge of the litigation process and the full range of remedies available, whether the need is for an aggressive offense or a solid defense, we are equipped with an array of effective legal tools to resolve the most complex problems, from business and professional matters to individual disputes and controversies.

Our litigation clients receive added value and a distinct strategic advantage by reason of our diversity and expertise in other disciplines. For example, we can trade upon our extensive experience in real estate matters in litigating sophisticated property and lease disputes, upon our knowledge and expertise in corporate and securities law in litigating business and financial matters, and upon our background and experience in environmental law in litigating environmental and cost recovery actions. We are experienced in litigating matters involving accountants, lenders, software developers, property and building owners, land developers, contractors and entrepreneurs.

Our mission always is to achieve for each client the most efficient and cost effective resolution consistent with, and in furtherance of, our client’s objectives.

Alternative Dispute Resolution

 The firm assists clients in resolving disputes without litigation through various alternative dispute resolution procedures, including nonbinding and binding arbitration, mediation, expert fact-finding and early neutral evaluation. We help clients establish dispute handling systems and agreements for particular transactions and disputes. We also structure dispute resolution contract clauses for inclusion in client contracts and represent clients in individually tailored ADR proceedings.

Environmental Litigation

 In conjunction with specialty counsel throughout the country, we help our clients adhere to stringent environmental laws and regulations. Our representation in state and federal courts, in administrative proceedings and before governmental agencies has involved the defense of corporations in complex, multiparty proceedings involving hazardous waste, air and water pollution matters. We also regularly represent both plaintiffs and defendants in connection with environmental contract claims, Superfund cost-recovery and contribution actions, natural resource damage suits, environmental cleanup and other cases involving federal and state environmental statutes and regulations in which each party faces major financial risks. In settling these matters with governmental agencies and other responsible parties, we possess invaluable experience in structuring and negotiating cost allocation agreements based on volume, toxicity and other factors. To help our clients avoid future litigation, we also provide regulatory counseling, negotiate environmental contract provisions and conduct due diligence audits in connection with mergers, acquisitions and project financings.

In the course of working on these matters, we have developed special expertise in diverse areas of cleanup litigation, such as claims involving historical releases of hazardous materials that occurred many years or decades ago; claims involving challenges to the cleanup methodology that the government or a private party selected and implemented; and complex causation claims, cleanup costs and damage assessment claims, and natural resource damage claims. The firm also has extensive experience in handling claims in which a corporate client’s liability at a waste disposal site or landfill is challenged on the grounds that it did have any hazardous substances transported there.

Business Litigation

Our commercial litigation practice encompasses a broad spectrum of business disputes. We have litigated commercial cases arising under federal and state statutes which regulate our clients’ businesses as well as matters involving general principles of contract law. Our decades of experience with commercial litigation issues enables us to advise clients as well as represent them in partnership and shareholder disputes, breach of contract claims, business torts, securities fraud claims, shareholder derivative actions, construction claims, antitrust issues, unfair competition, trade secrets and intellectual property cases and insurance coverage claims.

Real Estate Litigation

 Our roots in the Long Island real estate community give us unique insight into real estate litigation, which in many respects is an extension of our work with real estate transactions and commercial litigation. The transfer of real property can lead to various disputes among purchasers, sellers, title companies and other interested parties. We have litigated real estate disputes involving every conceivable issue, from title and boundary disputes, construction claims, and specific performance lawsuits to cases concerning the interpretation of restrictive covenants and other recorded instruments, adverse possession claims, partition actions and property tax litigation. In addition to representing property owners, developers, title companies, construction firms and landlords in commercial leasing conflicts, we also have litigated brokerage disputes.

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