Commercial Litigation/ADR

We represent clients in all aspects and stages of commercial litigation and alternative dispute resolution, including breach of contract and business tort actions, commercial foreclosure proceedings, real estate litigation, business divorces, internal corporate investigations, intellectual property prosecution and defense, mediation, and arbitration proceedings.

Group Attorneys

Patrick Train-Gutiérrez

Partner & Practice Group Leader

Jeffrey Ephraim Glatt

Partner

Katherine McGrail

Partner

Alozie N. Etufugh

Of Counsel

Allison Furman

Of Counsel

Sophia Herbst

Senior Associate

Cynthia Botello, CIPP/US

Associate

Services

We have negotiated, litigated, mediated, and arbitrated disputes:

Involving breach of contract, fraud, negligence, indemnification, defamation, misappropriation, and unjust enrichment.
Involving commercial foreclosure.
Regarding regulatory investigation and enforcement proceedings by the SEC, FINRA, and state regulators.
Regarding collections and judgment enforcement.
Between suppliers, vendors, customers, distributors, and others.
Involving sales practice violations, including unsuitability, unauthorized trading, overconcentration, breach of fiduciary duty, and misrepresentation.
Regarding partnership, operating, and shareholder agreements and business dissolutions.

Involving broker-dealers, registered investment advisors, banks, hedge funds, and crypto companies.
Between employers and employees.
Before FINRA, AAA, and JAMs.
Involving COVID-19 liability issues.
Regarding equities, mutual funds, structured products, auction rate securities, residential mortgage-backed loans, margin, and options.
Regarding real property leases and other landlord-tenant issues.
Involving director and officer liability.
Involving foreign companies in cross-border business disputes.
Summary of Amendments to Federal Civil Court Local Rules.
Summary of the Proposed Amendments to the Southern District and Eastern District of New York Joint Local Rules.

Select Client Representations

Counsel to several affiliated health care companies in multiple breach of contract actions against New York and New Jersey health care facilities, with a $3 million judgment entered in one such action.
Counsel to a mid-size Boston bank in all New York litigation matters.
Counsel to a real estate holding company in the prosecution and defense of all commercial real estate litigations in New York.
Counsel to mortgage originators in multiple civil actions in state, federal, and bankruptcy courts seeking billions of dollars in damages.
Counsel to a national bank in a dispute stemming from a former employee’s alleged misappropriation of trade secrets and violation of restrictive covenants.
Counsel to a crypto company with respect to commercial defamation claims asserted against individuals who were posting remarks about the company and its executives on social media.
Counsel to the founder of a registered investment advisor in connection with indemnification claims against him .
Counsel to various national broker-dealers with respect to alleged sales practice violations.
Counsel to an investment firm and member funds in an action for fraud and breach of contract to recover shares of a privately-traded company.
Counsel to a California-based "party planner to the stars" in its action to recover funds owed in connection with a Southampton wedding.
Counsel to a California entertainment company in converting an approximately $16 million California judgment into a New York judgment.
Counsel to an international clothing manufacturer and distributor in a New York breach of contract action.
Counsel to a receiver in the enforcement of a $750,000 judgment in New York.
Counsel to international air cargo company in action relating to breach of contract stemming from near-global sanctions and embargoes.
Counsel to trademark holder in infringement action against multi-national jewelry companies.
Counsel to shipping industry consultant in various actions relating to the enforcement of fees for services rendered.
Counsel to health care provider in action defending against enforcement of improper anti-competition clause.