• Accounting
• Breach of Contract
• Breach of Fiduciary Duty
• Conversion
• Copyright Infringement
• Dissolution
• Fraud
• Interference with Business Relationships
• Misappropriation of Trade Secrets
• Trademark Infringement
• Unfair Competition

Courts Focusing on Commercial Litigation

Often, business disputes that rise to the level of litigation entail multifaceted agreements and complex factual scenarios. Special courts, with their own procedural rules, have arisen in various parts of the country to deal specifically with these types of lawsuits. In Delaware, for example, business disputes are handled in the specialized Chancery Court. In New York, several counties throughout the state have set up separate “Commercial Divisions” to handle complex commercial litigation. New York County has nine judges assigned to its Commercial Division. The particularized rules applicable to New York’s Commercial Divisions can be found at: http://www.nycourts.gov/courts/comdiv/newyork_rules.shtml.

Our Firm’s Commercial Litigation Practice

LDE handles a wide range of commercial litigation matters, covering claims for breach of contract, breach of fiduciary duty, fraud, infringement, misappropriation, etc., etc. Our clients are both individuals and corporations. In some instances our clients are plaintiffs bringing the lawsuit; in others, they are defendants against whom commercial claims have been made.

Each commercial case poses unique challenges and involves complicated issues of fact and law, but there are three consistent strategies that we seek to employ in these types of cases:

1.  Understand the business. Every industry has its unique vocabulary. We make an effort to learn the business, so that we can understand it in the way our clients understand it.

2.  Prepare for trial. The vast majority of commercial cases end in settlement, but we plan our cases as if they are going to trial because that allows us to be prepared for every scenario and improves our client’s negotiating position.

3.  Never lose sight of the client’s goals. Business litigation often involves long-standing relationships, and the ultimate goal is not necessarily a monetary award. From the outset, we endeavor to identify our client’s goals and then design a strategy geared towards meeting them.

Bernard Daskal has been litigating commercial cases for 16 years and he has been a Super Lawyer® selection in the New York metropolitan area for 6-years running in the category of Business Litigation. For more information about LDE’s business litigation practice, contact Bernard at (212) 302-2400.

Preparing a phony or exaggerated invoice to the government for payment; Preparing or delivering a false receipt to the government for its property; or Making false statements to fraudulent avoid paying a debt to the government.

The False Claims Act (also called the Lincoln Law) is a federal law that allows individuals to file actions against perpetrators of such frauds. Many states have similar laws that allow individuals to file suit against the perpetrators of fraud against the state. These types of actions are sometime referred to as Qui Tam cases. The term comes from the Latin phrase “qui tam pro domino rege quam pro se ipso in hac parte sequitur,” loosely translated as “who sues for the king as well as for himself.”

Government Fraud/Whistleblower hotline

If you have proof of any type of government fraud – including Contractor Fraud, Healthcare Fraud, Medicare Fraud, Pharmaceutical Fraud, Federal Tax Fraud – call toll-free at (800) 585-1190 to discuss your legal options for pursuing a claim on behalf of the government.