practice areas

commercial litigation

We have a premier commercial litigation practice leveraging our proven skill, reputation and experience as lead trial counsel in federal and state courts and in arbitrations.

We specialize in cases demanding a high degree of financial and commercial expertise including: complex breaches of contract and business torts; valuation disputes; founder and partnership disputes and other business divorces; securities litigation, including breaches of financial instruments, the protection of investor rights, and other claims arising from the sale or purchase of securities or businesses; disputes with vendors and suppliers; and real estate litigation on behalf of brokers, bankers, property owners, condominium boards and investors.

In short, we are highly trained, results oriented and successful trial attorneys who are prepared to litigate your case through trial, while simultaneously looking for practical, efficient and value-added solutions to business resolutions.

Representative matters include:

Contract Disputes

We have litigated to verdict, and resolved through negotiations, hundreds of contract disputes for companies, individuals and partnerships including:

  • Representing Honeywell in a breach of contract action involving the escrow from a merger transaction.

  • Prevailing as lead defense counsel on behalf of a leading apparel brand in AAA arbitration.

  • Representing McGraw-Hill in a significant contract dispute against its insurance carrier regarding coverage for series of copyright infringement claims.

  • Representing an airplane leasing company in a dispute with a major airline over the termination of an airplane lease.

  • Obtaining fees for brokers, real estate investment bankers, traders, and other individuals who work on a success fee basis.

  • Routinely enforcing contractual rights for employers and employees, including compensation disputes, partnership disputes and the enforcement of restrictive covenants.

  • Enforcing contractual rights for vendors, suppliers, investors and joint venture partners.


Partner and Founder Disputes

We have deep experience in the resolution of disputes between partners and founders either through negotiation or litigation. We have represented founders in startup companies, business partners, law partners and other individuals engaged in joint businesses. Representative matters include:

  • Winning a $20 million federal jury award for the Learning Annex on claims it was cut out of a deal by its venture partners.

  • Asserting claims, pending in New York State court, on behalf of the founder of a startup business recently valued in excess of $5 billion.

  • Representing partners in a successful real estate investment partnership with respect to their partnership interests and valuation.

  • Representing one of the architects of the purchase of Aman Resorts in a partner dispute.


Financial, Investor and Valuation Disputes

We bring substantial financial sophistication to disputes involving investment and valuation issues. Representative matters include:

  • Winning a $61 million FINRA arbitration award for a hedge fund against a major international bank relating to the settlement of a complex hedge fund based derivative.

  • Representing the co-founder of a high profile New York based startup in an arbitration concerning the valuation of non-public vested shares.

  • Representing the founder of joint venture with a Fortune 500 company in a litigation concerning the valuation of the joint venture.

  • Winning a $6 million AAA arbitration award for investors in a hedge fund concerning valuation and breaches of fiduciary duty.

 

Real Estate

We represent owners, developers, investors and real estate investment bankers in state and federal court. We bring a constructive and practical approach to real estate disputes, and are often successful in finding non-litigation business solutions for our clients. Representative matters include:

  • Representing a real estate developer in a dispute with former interest-holder claiming entitlement to proceeds from a residential project in downtown Manhattan.

  • Obtaining a dismissal of fraud claims against a New York based developer by a third party claiming fraudulent inducement and tortious interference with contract and the affirmance of that dismissal upon appeal.

  • Representing a leading real estate investment banker in a fee dispute with developer following successful fund raise.