We handle commercial litigation from inception through trial and have substantial experience with disputes resolved in arbitration. We handle these matters in a cost-efficient manner and remain willing to explore retention on a capped, hybrid or flat-fee basis. We represent clients in a variety of commercial litigation disputes, including:
- Breach of contract
- Business torts, including self-dealing, breach of fiduciary duty, interference with contractual or business relations
- Partner and shareholder disputes
- Corporate or limited liability company dissolution
- Disputes arising from non-competition or non-solicitation agreements
- Employment agreement disputes
Some of our representative matters include:
- Byrnes v. New York Mercantile Exchange, Inc. (C.A. No. 8462-ML (Del. Ch.)). We successfully prosecuted claims in the Delaware Court of Chancery on behalf of a former employee seeking advancement of legal fees pursuant to the Bylaws of the New York Mercantile Exchange.
- Credit Suisse First Boston LLC v. Greenblatt, et al. (Civil Action No. 04-2142 (N.D. Il. 2006)). Represented Credit Suisse in an action against the shareholders of a defunct corporation that failed to honor a judgment in favor of Credit Suisse. We overcame a motion to dismiss and successfully “pierced the corporate veil,” collecting substantial monies for Credit Suisse.
- Gothic Millwork, Inc. v. Gothic Cabinet Craft, Inc., et al. (Index No. 600609/10 (Sup. Ct. New York County)). We successfully obtained a TRO and preliminary injunction in aid of arbitration on behalf of oppressed minority shareholders. At arbitration, my clients were awarded monetary damages for the diminution in value of their shares. Counterclaims by the majority shareholder were denied in their entirety.
- Bartke v. Inyx, Inc. (AAA Arbitration). We defended Inyx, a public company, from breach of contract claims asserted by a former executive. After a week of hearings before the AAA's International Centre for Dispute Resolution, an award was issued on favorable terms to Inyx, giving Claimant a small fraction of his requested damages. Thereafter, Inyx successfully challenged part of the award in Court (Index No. 600828/2008 (Sup. Ct. New York County Oct. 21, 2008), N.Y.L.J., Nov. 6, 2008)).
- Rockwell Global Capital LLC v. Clark, et al. (Index No. 653017/2011 (Sup. Ct. New York County). As reported in Law 360, we brought claims on behalf of broker-dealer alleging missapropriation of confidential information for the purpose of soliciting litigation against the broker-dealer.
- Jefferies & Company, Inc. v. Infinity Equities I LLC, 66 A.D.3d 540, 887 N.Y.S.2d 81 (1st Dep’t 2009). Successfully compelled arbitration against a non-signatory to an arbitration agreement by establishing that Respondent was, in fact, the signatories' undisclosed principal. In so doing, Jefferies collected a substantial amount of money notwithstanding the fact that the principal was defunct and without assets.