Commercial litigation in New York takes place when one business brings a civil lawsuit against another business or individual. While commercial litigation falls under the umbrella of civil litigation, commercial litigation is distinct. The issues involved in commercial litigation are usually more factually and legally complex than the issues in other civil litigation cases. Additionally, commercial litigation is often more costly than other types of civil lawsuits. Conducting electronic discovery and hiring forensic experts is often necessary in commercial litigation cases. Some commercial litigation lawsuits last for years.
Experienced New York Commercial Litigation Attorneys
At Thomas, Weiss & Associates, our attorneys have extensive experience in commercial litigation. Our skilled New York commercial litigation attorneys offer zealous advocacy and reliable advice to all of our clients. We understand the complexities involved with commercial litigation and provide our business clients effective representation. We offer free in-office consultations. Contact our New York commercial litigation law firm today to learn how we can help your business.
1) Breach of Contract Commercial Litigation
Breach of contract lawsuits are some of the most common types of commercial litigation cases. When one party to a contract fails to fulfill its obligations, the other party may have a legal right to sue for breach of contract. The party that breaches the contract must pay for any resulting damages. A breach of contract can involve an insurance company, an employment agreement, an insurance company, or any other broken agreement. Breach of contract lawsuits can result in serious financial repercussions for everyone involved.
The attorneys at Thomas, Weiss & Associates can fight for your rights in a breach of contract lawsuit. Whether you are facing accusations of breach of contract or you have suffered injuries caused by another party’s breach of contract, we can help. If the other party engaged in a material breach, you might be entitled to greater compensation than recovery for a minor breach. A material breach occurs when one party failed outright to abide by the terms of the contract, causing an irreparable and total break. Our litigation attorneys understand how to thoroughly investigate all breach of contract cases. We evaluate all of the facts in the case and help clients decide how to proceed.
2) Employment and Labor Commercial Litigation
New York businesses must abide by numerous state and federal employment laws. Under certain circumstances, employees can bring lawsuits against employers for discrimination, pay issues, harassment, and more. Recently, many class action employment lawsuits have succeeded. A class-action lawsuit occurs when a group of people called “the class” sue under a common legal theory, such as gender discrimination.
For example, the corporation Qualcomm settled a class-action lawsuit for $19.5 million. The plaintiffs alleged that Qualcomm discriminated against female science, technology, engineering, and math (STEM) employees. Class action lawsuits can become incredibly complex. If your business is facing a class-action employment lawsuit, it is essential that you hire a law firm that is capable of effective representation.
3) Shareholder Disputes and Derivative Actions
Our attorneys have successfully represented many businesses who are facing shareholder disputes and derivative actions. Shareholder and partnership lawsuits can include the following types of disputes:
- Buyout agreements
- Dissolution of corporations, partnerships, and other entities
- Breach of fiduciary duty claims
- Shareholder and partnership agreement disputes
- Breach of contract claims
- Business valuation appraisals
- Allegations of misconduct or fraud on the part of shareholders
Our attorneys develop a comprehensive strategy for our clients that takes each client’s goals into account. Shareholder agreements and derivative actions can have a devastating effect on businesses. For this reason, our attorneys work effectively and efficiently to adequately represent clients.
4) Commercial Real Estate Litigation
Buying, leasing, and acquiring properties is an essential part of many businesses. Commercial real estate litigation can arise from environmental issues or sophisticated transactions. Disputes can involve all of the following issues:
- Sophisticated transactions
- Land use issues
- Environmental issues
- Disputes over building sales
- Disputes over building portfolios
- Determining who has the right of first offer and first refusal
- Condemnation of properties
- Financing document issues
- Complex commercial landlord-tenant disputes
- Complex commercial real estate valuation issues
- Rent reset proceedings
- Commercial insurance litigation
Our real estate litigators have successfully represented landlords, tenants, lenders, and other financial services companies. We are familiar with the complex legal issues involved in commercial lease disputes. The New York leasing market is unique and requires sophisticated knowledge. Whether a client is dealing with a termination and option dispute, a complex operating expense dispute or a fair market rent reset arbitration, we can help.
5) Securities Litigation and Enforcement
Securities litigation is a highly specialized practice area. A securities fraud class action lawsuit is a lawsuit brought by investors who bought or sold publicly traded securities. The investors suffer an economic injury as a result of the business’ violation of securities laws. Federal securities laws are complex and corporate litigation usually involves high stake matters that might be sensitive. Securities violations can include the following:
- A company representative made an untrue statement of material fact
- A representative fails to disclose a material fact that is necessary to make other statements not misleading
- Fraud can also result in securities litigation
- Projections involving the company or the investment
- Backdating stock options
- Restating earnings
- The resignation of auditors
- Failing to meet analyst estimates
- Insider trading
- Secondary offerings, IPOs, and private placements
- Proxy solicitations and tender offers
It is important that businesses facing securities litigation hire attorneys who have an in-depth knowledge of federal law. We offer aggressive defense to businesses subject to securities violation claims.
Our Commercial Litigation Attorneys can Help
Attorneys at Thomas, Weiss & Associates have successfully represented business owners in many different areas of commercial litigation. We have represented corporate executives, CEOs, and other officers in commercial litigation issues. Founding attorney Thomas Weiss has over 20 years of experience handling complex commercial matters in all phases of litigation. Contact our law firm today to schedule your free case evaluation.