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Practice Highlights

  • We provide high-quality and timely services to clients at a competitive cost.
  • We have gained national recognition for our experience representing clients in a variety of sophisticated and high-stakes commercial litigation matters.
  • We have a diverse range of clients from individuals to local, regional and national firms, and include international Fortune 100 companies.

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General Commercial Litigation

Commercial disputes distract from, and potentially can derail, the core mission of a business. Sophisticated owners and executives expect legal counsel to provide the shortest and most efficient path to resolution, while keeping their business interests at the forefront.

The Commercial Litigation Group provides a full range of counseling and litigation services and has established an excellent reputation for efficiently providing high-quality and timely services to clients at a competitive cost. Our lawyers have gained national recognition for their experience representing clients in a variety of sophisticated and high-stakes commercial litigation matters in areas such as:

  • Shareholder disputes
  • Partnership disputes
  • Antitrust
  • Bankruptcy avoidance actions and other bankruptcy claims
  • Securities litigation
  • Directors and officers liability
  • Injunction actions and other special lawsuits requiring immediate relief
  • Construction defects litigation
  • Commercial contract litigation
  • Lender liability litigation;
  • Class action litigation
  • Real estate and title insurance litigation
  • Professional liability litigation, with a special emphasis on legal and accounting malpractice
  • Labor and employment law
  • Patent, copyright, trade secret and intellectual property litigation
  • RICO
  • ERISA

The members of our Commercial Litigation Group have practiced extensively in state, federal and private forums across the United States, and have managed complex litigation on a national level. Our team includes accomplished litigators, trial lawyers, and appellate advocates.

We have considerable experience with collaborating with corporate representatives, in-house counsel and members of the firm’s other practice groups, leading to more efficient, cost-effective representation. Our diverse clients range from individuals to local, regional and national firms, and include international Fortune 100 companies, publicly held and privately held businesses, banks, manufacturers, law firms, accounting firms, insurance companies, construction companies, health care providers, health care management firms, securities brokerages, and governmental entities.

Alternative Dispute Resolution

When disputes are resolved outside of a courtroom, the Commercial Litigation Group is there to work with clients on all aspects of alternative dispute resolution. The experience we can offer includes a broad range of dispute resolution techniques:

  • Binding and non-binding, sponsored and non-sponsored arbitration
  • Mini-trials
  • Summary jury trials
  • Employment dispute resolution
  • High-low agreements
  • “Baseball” agreements
  • Structured mediation
  • Early neutral evaluation
  • Facilitated negotiation
  • Confidential listener services

We assist clients as advocates in ADR forums, as counselors in selecting ADR professionals and processes geared favorably toward particular client needs, and as arbitrators and mediators in specialized fields. Our lawyers have designed and implemented client-training programs on a variety of ADR topics at introductory and advanced levels. We also offer services in all aspects of drafting both pre- and post-dispute ADR clauses and procedures and in the design and implementation of ADR programs.

Third Party Loan Recovery

In recent years, financial institutions that originate or purchase mortgages have sustained (and many continue to sustain) significant losses when borrowers defaulted on their obligations and as property values sank. In many instances the financial institutions write down or completely write off the debt.

However, financial institutions should not give up the possibility of recovery without a full investigation of the facts and potential for claims against third parties. Potential sources of recovery include the following entities and their insurers.

  • Appraisers: Where a loan is procured based on an inflated or otherwise negligently prepared appraisal, the financial institution may have a claim against the appraiser for negligence, fraud, or breach of contract (depending upon the relationship and intent of the parties).
  • Real Estate Brokers or Attorneys: Where an individual real estate broker or attorney is involved in a scheme to defraud the financial institution or provide lenders with loan applications with inflated asset or income statements, those third parties may be liable.
  • Closing Agents: Where closing agents fail to provide an accurate account of the transaction or fail to follow closing instructions of the originator of the loan, they may be found to be responsible for the ultimate loss of the lender.
  • Title Insurers: Title insurers who issue closing service letters in which they agree to indemnify the lender (and frequently its successors and assigns) for losses arising out of the fraud or negligence of their closing agent in connection with the handling of the lender's funds may also have some liability.
  • Originators: Where lenders purchase loans from other financial institutions, they generally do so pursuant to contracts with the originator in which the originators make representations and warranties to the purchaser of the loans. Where the originator breaches those warranties, the purchaser of the mortgage may have recourse against the originator of the loan.

Our firm has a long history of representing financial institutions in business transactions and litigation. We represent financial institutions in litigation arising out of residential or commercial loans/mortgages that are alleged to have been procured by fraud and/or where professionals associated with the transactions allegedly failed to exercise reasonable care to prevent the fraud and eventual loss.

Our method is to leverage the strength of our real estate attorneys with the experience of our litigators in our Financial Institution Litigation Group to help analyze real estate transactions, identify suspicious transactions, and bring legal action to attempt to recover losses for our clients.

Mortgage fraud and related actions can provide "found money" because the funds arise from loans that lenders and servicers no longer expect to be repaid. Depending upon the case and agreement with our clients, we can accept these matters on hourly or contingent fee bases, thereby allowing financial institutions who may be reluctant to expend money until there is a recovery to obtain high quality legal services without significant expense. 

Recognitions and Awards

Many members of the group have been recognized with Martindale-Hubbell’s highest rating for legal ethics and ability. 

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