BUSINESS LAWSUITS

 

As commercial attorneys, our firm’s role is to provide our clients with options. They decide whether we should take a “no holds barred” approach or a more conciliatory path toward potential settlement. They decide; we execute.

Business Lawsuits During the Pandemic Utilizing Digital Platforms

The coronavirus pandemic has not generally closed the courts, but it has created the need for a variety of workarounds. Our firm has embraced this new way of practicing law, which includes

  • e-discovery (depositions, interrogatories, document requests, etc.);
  • video technology to provide a platform for the trial courts to both hear pre-trial motions and enforce the deadlines for responding to discovery;
  • digitally-based private commercial arbitration and mediation; and
  • virtual trials and appeals using video technology

A Nimble, Multi-layered Approach to Business Litigation

The Nissenbaum Law Group not only handles complex commercial lawsuits in both the state and federal courts of New Jersey, New York, Pennsylvania and Texas, but, with permission of the Court, other states, as well. These federal and state litigation cases run the gamut from breach of contract and fraud to statutory causes of action and injunctions.

For over thirty-five years, our managing attorney, Mr. Nissenbaum, has represented business clients in such hotly contested, complex litigation. In fact, all the attorneys in our firm focus in commercial law, and consequently, the firm has developed a robust “deep bench” of business litigators.

Our firm prides itself on having a robust trial team of attorneys and paralegals. We not only represent clients at the trial level in state court, but have also argued cases in the Appellate Division and Supreme Court of New Jersey. Likewise, we have handled many federal district court cases throughout the United States (with permission of the respective courts). Indeed, certain members of our litigation team are even admitted to practice before the United States Supreme Court.

Our firm has a customized approach to litigation that aims to be truly responsive to the clients’ needs and goals. Our attorneys encourage in open and continuous communication to assess at every stage what works best in a given situation. In certain cases, clients may want to take an aggressive, “no holds barred” approach to bringing the matter to trial, while at other times, they may wish to actively explore settlement. Indeed, sometimes the most effective approach is a combination of the two, such as for example, utilizing alternative dispute resolution as a precursor to possible trial. The key is to tailor the approach in accord with each client’s preferences and needs. 

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

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
  • enforcement of non-compete contracts and other employment contract provisions
  • 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 a number of 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

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

Publications and presentations

Published Works:

“Pitfalls in Collecting a Judgment Against Individual Partners of a Partnership”, The Independent Eastern Association of Equipment Lessors, Fall, 1994

In the Arena: Litigating for the American Civil Liberties Union-NJ, NJ Lawyer, December, 2007

Wrongful Posting on the Internet: The Privacy You Save Could be Your Own, NJ Lawyer Magazine, April, 2008

Receiving Classified Information: Government Secrecy and the Litigation Process (Co-author), NJ Lawyer Magazine, October 2009

“Stop Look and Listen: Selected Defenses to the New Jersey Frivolous Lawsuit Statute”, 20 Seton Hall Law Review 184, 1989

“Challenges Ahead for Frivolous Lawsuit Statute”, 124 N.J.L.J. 837, October 5, 1989

Looking for advice?

We're here to help.

Contact the Nissenbaum Law Group to schedule an appointment at 908-686-8000 or feel free to use the following form to e-mail us. Please include as much information as you can to ensure that we are able to handle your request as quickly as possible.

Looking for advice?

We're here to help.

Contact the Nissenbaum Law Group to schedule an appointment at 908-686-8000 or feel free to use the following form to e-mail us. Please include as much information as you can to ensure that we are able to handle your request as quickly as possible.

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OFFICE LOCATIONS

MAIN OFFICE

2400 Morris Avenue

Union, NJ 07083

P: (908) 686-8000

F: (908) 686-8550

140 Broadway

46th Floor

New York, NY 10005

P: (212) 871-5711

F: (212) 871-5712

1500 Market Street

12th Floor East Tower

Philadelphia, PA 19102

P: (215) 523-9350

F: (215) 523-9395

100 Crescent Court

7th Floor

Dallas, TX 75201

P: (214) 222-0020

F: (214) 222-0029

PLEASE NOTE Meetings with attorneys by appointment only in Union, NJ; New York, NY; Philadelphia, PA & Dallas, TX offices. Legal services generally performed from the Union, NJ office. The firm has attorneys licensed in New Jersey, New York, Pennsylvania, Texas and/or the District of Columbia. In limited circumstances, the firm may practice in other states under the prevailing multi-jurisdiction rules or through pro hac vice admission.

 

ATTORNEY ADVERTISING.  Any questions regarding this website should be directed to Gary D. Nissenbaum, Esq. (gdn@gdnlaw.com), who is responsible for the content of this website.

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