Our Commercial Litigation Service Areas
Our firm offers a full suite of corporate legal services and can advise clients on how to avoid issues requiring litigation in the first place. When litigation becomes unavoidable, we always work to resolve disputes as quickly and cost-effectively as possible. With an understanding of the underlying business issues inherent in litigation, the members of our commercial litigation practice group work closely with our clients to proactively address potential sources of conflict and meet litigation objectives.
Our New York commercial litigation attorneys can assist you with cases involving:
- Contract disputes. Breaches of contract can imperil numerous aspects of your business operations and confer severe financial consequences. If your firm has been harmed as a result of an anticipated breach, minor breach, material breach, or actual breach, we can assist you in pursuing legal action and recovering damages from the breaching party. We can also defend you if you have been improperly accused of breaching a legal agreement.
- Business disputes between manufacturers and distributors. Conflicts with suppliers can threaten the efficacy and reliability of your supply chain as well as the quality of your products. Many of these disputes will come down to the contractual language that governs the supply chain arrangement. We can help interpret these agreements and litigate to protect your business’s interests.
- Business disputes involving owners, partners, and shareholders. Company bylaws, partnership agreements, and formation documents will determine how conflicts must be resolved when internal disputes embattle a firm. We provide counseling to corporations struggling with issues of corporate governance shareholder rights. Our team can also assist company leaders and shareholders assert their rights when they have been violated.
- Restrictive covenants. Companies use restrictive covenants, which include confidentiality, nondisclosure, and non-compete agreements, to protect trade secrets and proprietary information. When former employees, vendors, or other third parties violate the terms of these agreements, they harm businesses by threatening to diminish their continued ability to compete. We can assist companies in enforcing restrictive covenants and can review these contracts to ensure that their terms will be enforceable in court.
- Dissolution of business entities. Most business dissolutions are mutually decided upon and voluntary. In some cases, however, stakeholders may disagree over the decision to end a business arrangement, and the matter may need to be litigated in court. We can assist partners in these conflicts and work to ensure that their interests in the firm and its assets are protected.
- Real estate. Our team can assist with a variety of disputes that can arise out of the purchase, sale, transfer, or development of real estate, including joint venture disputes, title claims, lien issues, fraud, breaches of fiduciary duty, permitting issues, and landlord/tenant disputes. We can also manage conflicts between homeowner associations and condominiums and cooperative sponsors.
- Zoning and environmental issues. Land use and development can produce numerous types of unique conflicts depending on the location and nature of the project, especially if there are concerns about sustainability and perceived environmental impacts. Our team can assist you in navigating these zoning and environmental issues and can work to resolve the matter through litigation, if necessary. We are also familiar with The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), which is also known as Superfund.
- Construction issues. When you hire a construction firm, you expect them to deliver a quality build on-time and on-budget. Should incompetence or neglect result in avoidable delays or defective workmanship, the construction firm may be in breach of contract. We can work to keep your project moving by resolving potential disputes as efficiently as possible. Our team can also help you explore litigation options if your firm has suffered damages as a result of a construction contractor’s ineptitude.
- Article 78 petitions. When a New York official, regulatory authority, or local government body makes an improper determination impacting your business, our team can help you appeal the decision.
- Trustee disputes. Our firm can assist you with issues involving the trustee management of charitable foundations and nonprofits organizations.
Our firm also represents clients in departmental hearings before numerous administrative agencies, including:
- Boards of zoning appeals and planning boards
- Department of Labor
- The United States Equal Employment Opportunity Commission (EEOC)
- Labor unions
- New York State Division of Human Rights
What Are The Potential Remedies In Commercial Litigation Cases?
In commercial litigation cases, several potential outcomes or remedies can be pursued to resolve disputes.
Here are some potential remedies that may arise in commercial litigation cases in New York:
- Monetary Damages: This is a typical outcome of commercial litigation cases. The compensatory damages may cover actual losses, consequential damages, or punitive damages if the defendant's conduct was particularly egregious.
- Injunctive Relief: In certain situations, a party may seek injunctive relief, such as a temporary restraining order (TRO) or preliminary injunction, to prevent certain actions or enforce specific obligations during the litigation process.
- Specific Performance: When monetary damages are inadequate, the court may impose specific performance. This requires the violating party to perform their contractual responsibilities as agreed upon.
- Rescission or Reformation: The court may order the cancellation or rescission of a contract if it was entered into under false circumstances. The court may also require the reformation of a contract to correct errors or any ambiguities.
- Declaratory Judgment: A party may seek a declaratory judgment from the court to resolve a legal uncertainty or determine the rights and obligations of the parties involved in a contract or dispute.
- Settlement or Negotiated Resolution: The parties involved in commercial litigation can opt for settlement or negotiated resolutions outside of court. This allows them to reach a mutually agreeable outcome, which may potentially save time, costs, and maintain business relationships.
Involved in a complex commercial litigation case? Do not hesitate to discuss your matter with an experienced commercial litigation attorney in New York who can provide tailored advice based on your specific circumstances. At Rosenberg Fortuna & Laitman, LLP, our firm has been serving clients since 1992 and has helped clients navigate the legal processes.
Get in contact with us at (516) 228-6666 to schedule a consultation with a knowledgeable NY business litigation lawyer at our firm. We are ready to answer your questions and help you pursue the appropriate remedies in your commercial litigation case!
