practice areas

commercial litigation

We represent plaintiffs and defendants as lead counsel in commercial litigation, arbitration and mediations including disputes involving breaches of contract, between business partners and founders, relating to real estate and to investments, and involving complex financial instruments and valuation issues. Below are some of the representative areas in which we handle commercial disputes.


Contract Disputes

Contract issues are usually at the heart of commercial 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.

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

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

  • Routinely enforcing contractual rights for employers and employees.

  • Enforcing contractual rights for vendors, 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 NY 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.

  • Representation of one of the architects of the purchase of Aman Resorts in a dispute with his partners.


Financial, Investor and Valuation Disputes

We bring substantial financial sophistication to bear upon 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:

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

  • The 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.