Practice

Commercial Litigation

We represent businesses, owners, investors and sponsors in commercial disputes, including matters requiring emergency relief. Our litigators come to a case with the transactional context that produced it.

Overview

We represent businesses, owners, investors and sponsors in commercial disputes, including many that arise from the transactions the firm’s other practices document. Understanding how a deal was structured is what makes a litigation strategy proportionate to the business problem underneath it.

Matters have included claims of breach of fiduciary duty, fraud, breach of contract and dilution of ownership interests involving closely held real estate companies, and landlord-tenant and commercial leasing disputes on behalf of retail ownership. The firm also handles commercial collection litigation for financial institutions and investment managers, including replevin, repossession of collateral, fraudulent-transfer claims and post-judgment collection proceedings.

We assess a dispute commercially before assessing it procedurally: what the client needs, the realistic range of outcomes, what the matter will cost to pursue, and whether the objective is better reached through injunctive relief, negotiated resolution or judgment. That assessment is given at the outset and revisited as a case develops.

Where a matter requires immediate action, we pursue temporary restraining orders, interlocutory injunctions, the appointment of receivers and other prejudgment remedies, and we coordinate that relief with the underlying transactional file rather than separately from it.

We evaluate a dispute the way our clients do — against the cost, the timeline and the commercial objective, not simply against the pleading standard.

Capabilities

What we handle in Commercial Litigation

Grouped by workstream. Most engagements draw on several of these at once.

Business Disputes

  • Breach of contract claims and defense
  • Business torts and unfair competition
  • Fraud and misrepresentation claims
  • Restrictive covenant and trade secret disputes
  • Indemnification and guaranty enforcement
  • Post-closing and earnout disputes
  • Commercial collection litigation
  • Replevin and repossession of collateral
  • Fraudulent-transfer claims

Real Estate Disputes

  • Purchase and sale agreement disputes
  • Specific performance actions
  • Earnest money and escrow disputes
  • Title, boundary and easement disputes
  • Construction and development disputes
  • Landlord-tenant and lease disputes
  • Property management disputes

Ownership & Partnership

  • Partnership and member disputes
  • Shareholder and LLC deadlock
  • Fiduciary duty claims
  • Books and records demands
  • Judicial dissolution and separation
  • Buy-sell and valuation disputes
  • Manager and sponsor removal disputes

Investor Disputes

  • Investor claims against sponsors
  • Sponsor defense
  • Distribution and waterfall disputes
  • Capital call and dilution disputes
  • Offering document and disclosure disputes
  • Redemption and withdrawal disputes

Emergency Relief

  • Temporary restraining orders
  • Preliminary and interlocutory injunctions
  • Receivership applications
  • Asset freezes and prejudgment remedies
  • Lis pendens and notice filings
  • Expedited discovery
  • Emergency closing and escrow relief

Resolution

  • Pre-suit demand and negotiation
  • Mediation and settlement conferences
  • Arbitration and alternative dispute resolution
  • Bench and jury trials
  • Post-judgment enforcement and collection
  • Appeals coordination
Selected Experience

Selected Commercial Litigation matters

Prior matters, described in general terms and without identifying clients.

All Selected Experience

  • Commercial Litigation

    Fiduciary Duty and Ownership Dispute

    Represented a closely held real estate company in litigation involving claims of breach of fiduciary duty, fraud, breach of contract, and dilution of ownership interests.

  • Commercial Litigation

    Commercial Real Estate

    REIT Leasing and Landlord-Tenant Disputes

    Represented a shopping-center REIT in landlord-tenant and commercial leasing disputes.

  • Creditors' Rights & Special Situations

    Commercial Litigation

    Loan Workouts and Commercial Collections

    Represented financial institutions and investment managers in loan workouts and commercial collection matters, including replevin, repossession of collateral, fraudulent-transfer litigation, and post-judgment collection proceedings.

Attorneys

Commercial Litigation team

All Attorneys

Related

Matters rarely stay inside a single practice. These are the groups most often engaged alongside it.

Discuss a commercial litigation matter.

Please describe the matter in general terms only. Do not send confidential information until an attorney-client relationship has been established in writing.