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BUSINESS DISPUTES AND COMMERCIAL LITIGATION



This diverse area of practice encompasses major corporations and financial institutions as well as individual business entrepreneurs. The framework for achieving solutions has ranged from creative use of pre-litigation mediation to court battles that explore every appellate remedy. From initial consultation to the initial pleadings, through discovery, settlement negotiations and trial, every effort is made to find reasonable and cost effective strategies that maximize favorable outcomes for the client.

In addition to high-stakes financial litigation, representative cases have also included innovative strategies that successfully extended federal analysis to shareholder derivative litigation in state court; expanded the ability of foreign governments to litigate foreign law claims concerning U.S. assets; and developed the right to judicial remedies such as injunctions to enforce rights to be determined in arbitration proceedings. Among the principal areas are:
    • Complex business litigation involving securities fraud, class actions, RICO, business tort cases and lender liability claims;

    • Commercial litigation over contracts, loan documents, alleged fraud and misrepresentation, tortious interference with contracts and prospective advantage, fraudulent conveyances, preferential asset transfers, foreclosures and loan workouts;

    • Corporate and partnership litigation in matters involving directors, stockholders, and partners, the enforcement of federal and state securities acts, derivative suits, fiduciary duty, oppression of minority stockholders, usurpation of corporate opportunities and the business judgment rule as well as corporate dissolutions and other business divorces.

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