BUSINESS LAWSUITS & COMMERCIAL LITIGATION IN THE U.S. FOR MIDDLE EAST AND NORTH AFRICAN (MENA) BUSINESS CLIENTS

Commercial Litigation Matters Are Wide-Ranging

The firm’s commercial litigation practice includes the following:

Breach of Contract

The backbone of a business law practice is litigating breach of contract disputes. The law provides clear remedies for individuals or entities that enter into an agreement to provide goods, services or other items and don’t deliver. The range of potential agreements that might be the subject of a lawsuit includes such items as:

• written contract disputes
• oral agreements
• implied agreements
• digital terms and conditions

Business Disputes Between Owners

One of the most common business disputes involves claims between business owners who cannot agree on everything from how to run their commercial entity to how to value their rights upon its breakup. This can be particularly difficult when the owners are family or even just close friends. These partnership disputes and shareholder disputes include such items as:

• a demand for a shareholder or member buyout that is not honored
• irreconcilably different approaches to the operation of the business
• compensation disputes
• restrictive covenant (non-compete) claims
• allegations of fraud or theft

Health Law

The business of healthcare has become a lucrative area fraught with many legal landmines. It is virtually impossible to engage in the practice of medicine without taking into account its health law aspects. This can result in disputes such as

• litigation against a departing physician or other medical professional
• lawsuits based on the breach of regulatory rights and responsibilities
• HIPAA violations
• physician claims against hospitals and health maintenance organizations

Disputes Involving Websites, Apps and Digital Platforms

The law has struggled to keep up with the range of disputes that can arise from the use of digital platforms. Our firm has made this a primary area of focus. This includes

• claims regarding privacy policies and terms and conditions
• breach of click-through agreements
• unfair competition claims regarding digital platforms
• copyright claims concerning e-commerce websites
• digital intellectual property violations

Fraud and Contract Interference Matters

Fraud is one of the most common bases for business litigation. Likewise, even in the absence of fraud, parties sometimes wrongfully interfere with the contractual relations of another. This can result in lawsuits such as claims alleging:

• Consumer Fraud Act violations
• common law legal fraud
• common law equitable fraud
• interference with contractual relations
• interference with prospective economic advantage.

Construction Litigation

There are a number of potential pitfalls when engaged in residential or commercial construction. The effort to complete a project on time and within budget can often be a harrowing one, resulting in such claims as:

• regulatory and licensing infractions by contractors
• allegations against municipalities and zoning boards
• per se violations of the Consumer Fraud Act
• construction contract breaches
• claims relating to defective goods and materials used in construction

Commercial Real Estate Disputes

In many cases, the primary business asset and means of generating revenue stems from commercial real estate. This can result in several causes of action, such as:

• condemnation and eminent domain
• commercial landlord-tenant lease disputes
• foreclosure matters
• breaches of commercial real estate sale agreements
• environmental contamination

Appeals in State and Federal Courts

Our system of jurisprudence is premised upon the fact that trial courts can sometimes issue erroneous rulings or judgments. Consequently, it is critical that a commercial law firm have the capacity to handle not only trial work, but also the potential for an appeal of what emerges from that trial. This includes

• filing a notice of appeal
• preparing the appellate brief
• preparing appellate motions
• engaging in oral argument
• undertaking a successive appeal to a higher court

Intellectual Property Lawsuits

Our legal practice includes a focus on intellectual property matters. This can often result in disputes such as:

• copyright infringement claims
• trademark infringement claims
• lawsuits over trade secret violations
• disputes over assignments of intellectual property
• cases before the Trademark Trial and Appeal Board

Administrative Law Proceedings Before State And Federal Regulatory Bodies

An important part of a commercial litigation practice involves regulatory claims before administrative law courts. This can range from municipal boards to state and federal administrative agencies. It includes such items as:

• defending against regulatory enforcement proceedings
• initiating civil litigation for per se violations of administrative regulations
• compelling administrative agencies to take action
• responding to administrative subpoenas
• filing lawsuits regarding improper administrative agency action.

Injunctions Involving Orders to Show Cause and Temporary Restraints

Many commercial disputes relate to items other than damages, such as the need to compel a business to take action or refrain from taking action. This typically involves an allegation that irreparable harm will result if an injunction is not granted and sometimes can include an additional claim for the entry of a temporary restraining order. Examples include:

• an injunction to prevent commercial construction
• an injunction to enforce a non-compete clause
• an injunction to compel contractually-based arbitration
• an injunction to prevent the disclosure of privileged information
• an injunction to provide temporary restraints while the matter is before the court

BUSINESS LAWSUITS & COMMERCIAL LITIGATION IN THE U.S. FOR MIDDLE EAST AND NORTH AFRICAN (MENA)

Often, the most important thing is to have a trusted advisor who will listen to a client’s concerns with appropriate openness and strategic thought, so as to come up with an approach that has a reasonable chance of being effective.  Whether a client’s needs involve our litigation team, transactional team, or legal advice generally, our law firm philosophy is to utilize empathy in the representation and find a way to resolve legal problems with the least necessary rancor and divisiveness. All in all, our firm stands ready to assist select clients with their commercial law needs in either New York, New Jersey, Pennsylvania or Texas.