Practice Areas - General Commercial Litigation

September 8, 2010

GENERAL COMMERCIAL LITIGATION

As an extension of our traditional maritime practice, the firm has become increasingly involved in general commercial litigation, both domestic and international. We have developed significant experience in this area and have dealt with cases as diverse as the sale of commodities, employment disputes, insurance coverage matters, brokerage commission claims, the enforceability of surety contracts and the defense of claims against cruise line performance bonds. In addition, we now routinely handle complex contract disputes, which often involve multiple jurisdictions.

As in all areas of our practice, our initial goal is to explore with the client whether a prompt and reasonable commercial solution to the problem can be achieved, without resort to litigation. However, when a negotiated solution proves impossible, or when a client's defenses, or its ability to eventually recover, are at risk, we are prepared to move promptly to ensure that those rights are fully protected. We litigate such cases in both the Federal and State Courts, and arbitrate commercial cases before the American Arbitration Association.

We assist our clients with debt collection in commercial cases, both domestic and foreign. We have extensive experience in identifying and seizing assets to either satisfy existing debts or to ensure collection of an anticipated judgment, often in conjunction with a foreign proceeding. Our longstanding relationships with a worldwide network of experienced law firms enable us to effectively pursue assets internationally, and advise on alternative locations for debt recovery if assets are moved from local jurisdictions. In addition, we have significant expertise in pursuing recovery through parent or subsidiary corporations, as well as defending against such an effort. We have successfully "pierced the corporate veil," satisfying judgments in our clients' favor against parent or affiliated companies of the judgment debtor. Conversely, we have successfully defended corporate clients in the reverse situation - where an alter ego action has been prosecuted against them for the debts of another corporate entity.

Finally, we provide general corporate and transactional advice on a wide range of matters including international transactions, sales and transportation issues.

Representative Cases