Commercial litigation generally involves a dispute over the terms of a contract between businesses or the manner in which one side or the other performed the contract. Our firm has represented many clients who have found themselves in a contract dispute with another business. Favorable resolution of these types of cases can depend on a number of factors, such as, the clarity of the terms of the contract, the degree to which client performed the terms of the contract, contractual limitations on the amounts recoverable under the contract, the amount due and payable under the contract, and the client’s prospects of future relationship with the other party. Each of these, and a variety of other factors, needs to considered and assessed before a proper litigation strategy can be formulated. An assembly line approach to commercial litigation is not effective and we work with our clients to ensure that that the strategy and tactics that we employ on their behalf make sense in the context of their particular case.
The firm has extensive experience in this area and has litigated cases involving different types of business contracts, such as, sales agreements, distributorship agreements, sponsorship agreements, licensing agreements, independent contractor agreements and many others. The firm has experience handling commercial litigation in the federal and state courts throughout New York State and also in alternative dispute resolution forums such as mediation and arbitration.
Commercial litigation handled by the firm include:
- Representation of internet television broadcaster in action by competing broadcaster claiming violation of exclusive broadcast rights
- Representation of tea producer in action by former U.S. distributor alleging that unfair competition and trade dress/trade names violations.
- Representation of major league sports franchise in action to enforce advertising and sponsorship agreements.
- Representation of blog owner against web designer for failure to comply with web design agreement.
- Representation of video game accessory start-up to enforce venture capital finder’s fee agreement.
- Representation of educational institution advisory company in action for amounts alleged to be due pursuant to business consulting agreement.
- Representation of clothing designer in action brought by showroom company for alleged unpaid clothing line sales due under exclusive sales agreement.
- Representation of retail shipping franchisee against franchise network owner for fraudulent misrepresentation in connection with network brand conversion.