Commercial Litigation

The firm’s Litigation Department is experienced in all phases of civil litigation in federal and state courts.

The firm’s procedural skills extend to emergency relief procedures (i.e., temporary restraining orders, preliminary injunctions, attachments, arrests, and stays), investigations (including pretrial discovery as well as internal corporate investigations), trial proceedings (both jury and non-jury), agency and administrative proceedings and appeals. These skills are supplemented by the firm’s substantial experience in arbitrating and mediating commercial disputes (including FINRA, NYSE, AAA and ICC forums).

Our practice group handles civil litigation directly or with the assistance of local lawyers in courts throughout the United States. We represent foreign corporations and individuals in actions in the United States and are particularly experienced in issues of the ability of foreign domiciliaries to sue and be sued in the United States, as well as issues concerning the extraterritorial application of U.S. laws.

The litigation department business philosophy calls for developing in each of its members a unique combination of tactical litigation skills with substantive industry or statutory and regulatory expertise. In this way its lawyers are particularly well suited to deliver highly effective advocacy in matters involving their unique substantive focus.

Substantive Areas of Practice

Antitrust and Unfair Competition:  We are highly experienced in antitrust and trade regulation matters and have handled matters involving allegations of illegal mergers under the Clayton Act, price discrimination under the Robinson-Patman Act and various associated common law claims, including interference with contractual relations, covenants-not-to-compete and distributor terminations.

For a major ocean carrier, we led an internal investigation of collusive conduct in the shipping industry and guided the client through negotiations with U.S. enforcement authorities to avoid fines and other sanctions.

Bankruptcy:  The Insolvency and Creditors' Rights/Bankruptcy Practice Group plays a crucial role that intersects with virtually all other areas of the firm's practice. We represent indenture trustees and other financial institutions generally in bankruptcy cases, litigation, and negotiated workouts. In addition, our members are regularly called upon to advise corporate clients who are acquiring assets from financially troubled companies or who may be experiencing financial difficulties or find themselves caught up in the bankruptcy case of a contracting party or an employee.  We also advise individual and corporate clients who are equity holders in companies that are in bankruptcy, or whose litigation have been interrupted by a bankruptcy filing. Our members emphasize quick and effective responses to a multitude of different circumstances.

We acted as special maritime counsel to U.S. institutional investors in the largest financial collapse in the history of shipping, the Adriatic Shipping workout, which involved 49 vessels and more than $234 million in unpaid loans.  This effort involved coordinating arrest and foreclosure of vessels in more than 30 jurisdictions around the world, litigating in two U.S. bankruptcy courts, advising on legal issues relating to the operation and sale of vessels acquired at auction, and litigating and negotiating with lien claimants on priority issues.

We won a landmark victory for the Official Committee of Unsecured Creditors of Cybergenics Corporation in the Court of Appeals for the Third Circuit.  After an extremely rare hearing en banc, the Court of Appeals reversed its prior panel decision by holding that a bankruptcy court may authorize an unsecured creditors’ committee to prosecute avoidance claims where the debtor in possession fails to do so.

Broker/Dealer Disputes: We regularly represent parties in financial industry disputes in forums like FINRA and NYSE involving claims of improper securities sales practices, improper trading, negligent asset management, compliance failures, and related claims.

Condemnation:  We have acted as special Condemnation Counsel for most of the major public entities in New York City which exercise the power of eminent domain.  Our services begin during project planning, including planning for public hearings and SEQRA and ULURP compliance, continue through representation of the entities in challenges to the project brought in the New York and federal courts, through all appellate levels, and extend to relocation of tenants, Writs of Assistance, and valuation trials of fee and fixture claims.  We developed forms and procedures for use by our clients which have avoided federal Due Process issues that have impacted other condemnors in the State.

We recently represented The City of New York and the Metropolitan Transportation Authority in successfully defeating five challenges in connection with their No. 7 Subway Extension - Hudson Yards Project.

We represented The Empire State Development Corporation in successfully defeating challenges in connection with its East 13th St., East River Plaza, New York Stock Exchange and 42nd St. Development - Site 8 South Phase Projects.

Contract and Commercial Disputes:  We handle all forms of contractual disputes, including those relating to distribution, sales, acquisitions and  franchising, as well as real estate litigation involving commercial landlord/tenant disputes, condemnation proceedings and construction contract disputes.

Employment/Trade Secrets Litigation:  We handle a wide variety of employment litigation, including claims of breach of employment agreements, wrongful termination, and employment discrimination involving common law claims, as well as violations of various federal, state, and local statues pertaining to employment. We handle claims under the FLSA, involving wages and hours. A specialty practice involves counseling and prosecution and defense of litigation involving recruitment and retention of employees, including claims of theft of trade secrets, breach of fiduciary duty, breach of non-solicitation and non-competition restraints and related claims. We use our expertise developed through litigation to assist our clients in crafting state-of-the-art employment agreements and clauses designed to protect trade secrets and good will.

Environmental Law: Members of the firm’s Environmental Practice Group have both depth and breadth of experience litigating environmental cases at the trial and appellate levels, before federal and state courts across the country and before administrative agencies. We handle all forms of environmental and land use litigation, including challenges under the Clean Air Act, Clean Water Act, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, also known as the Superfund Law) and other federal and state laws for cleanup of hazardous waste discharges, the National Environmental Policy Act and the New York counterpart, the State Environmental Quality Review Act, the National Historic Preservation Act and state counterparts, and local zoning laws. We also have extensive experience in pesticides data compensation arbitrations under the Federal Insecticide, Fungicide and Rodenticide Act.

CL&M represented the Long Island Power Authority in successfully defeating challenges to the environmental review and local zoning permits for a new combined-cycle power plant, ensuring that the plant could be constructed and in operation on time to meet the energy needs of Long Island’s businesses and residents.

CL&M successfully defended challenges to New York City's and the MTA’s environmental review of the No. 7 Subway Extension--Hudson Yards Rezoning project in state and federal court, thus helping to secure the future transit-oriented redevelopment of Manhattan's far west side.

CL&M represented the successful plaintiff in City of Newburgh v. Central Hudson Gas & Electric Corp., obtaining a significant federal jury verdict for cleanup of wastes from a former manufactured gas plant on property adjacent to the City’s property.

Fine Arts: We represent a wide variety of clients including art galleries, artwork owners, and non-profit organizations managing art work portfolios. Disputes often involve such matters as authentication, determination of ownership rights and valuation. We also represent the owner of the largest collection of photographic and video images and we are commonly called upon to prosecute claims of unauthorized use and to defend claims of photographers claiming superior rights to the images.

Intellectual Property:  CL&M has established a sophisticated IP litigation practice, successfully representing a variety of entertainment, arts, publishing, fashion, computer software, financial services and consumer product clients, as both plaintiffs and defendants, in patent, copyright, trademark, domain name, and trade secret disputes -- on issues ranging from copyright preemption, to issues of first impression on the right to bring UDRP domain name arbitration proceedings.  We litigate IP issues nationwide, in mediation, arbitration, the Trademark Trial and Appeal Board and the federal courts.

For our travel client Cosmos European Travels AG, we brought a successful UDRP proceeding over the domain name “cosmos.com” and prevailed on summary judgment in federal court when the domain name holder contested the ruling in the UDRP.

We obtained an order for Honeywell International Inc. enforcing trademark settlement in litigation against Notiplex Securite Incendie, Inc., in the United States District Court for the District of Connecticut.

Internal Investigations and White-Collar Defense: Our White Collar Defense group represents individuals and businesses in all types of federal and state criminal, regulatory and administrative matters. Whether the allegations involve antitrust, securities fraud, money laundering, bank, mail or wire fraud, tax offenses, RICO or the like, our lawyers, including former federal and state prosecutors and SEC legal staff, will defend and protect our clients’ interests. Our legal teams also conduct discreet, internal investigations for business entities of all types facing potential prosecutorial or regulatory sanctions.

Ongoing representation of Dennis Kozlowski, the former CEO of Tyco, including the filing of a petition for a writ of certiorari from the United States Supreme Court and the filing of a petition for a writ of habeas corpus in the Southern District of New York.

Maritime Litigation:  Our maritime litigation team has the experience and depth to fully service the litigation and arbitration needs of the maritime industry.  The firm has represented shipping companies, oil companies, container lessors, marine insurance underwriters, P&I and FD&D clubs, and financial institutions throughout the United States and throughout the world.

Our wide-ranging capabilities in maritime related litigation matters include: antitrust and competition law, attachments and arrests, bankruptcy and workouts, charter party disputes, cruise shipping, enforcement of maritime liens and ship mortgages, environmental and pollution issues, insurance coverage and claims, management and pooling agreements, ship purchase and repair contracts.

Our maritime litigation team is prepared to respond to maritime environmental casualties wherever they may occur.  We represent clients in connection with cargo and property damage claims, and claims for natural resource and other environmental damage.

Media and First Amendment Law:  CL&M has wide experience in media and First Amendment law counseling and litigation and often represents parties who are subjects of media attention in pre-publication disputes as well as victims of defamatory publications.

We currently represent the subject of a popular television investigatory series in a claim involving defamation and improper and deceptive conduct in gathering video images.

Securities Litigation/Corporate Governance: A historic strength of the Litigation Practice Group has been the defense of corporations and/or their directors and officers in actions involving allegations of violations of the federal securities laws, particularly the anti-fraud provisions of these laws. Such cases typically charge misleading disclosure by our clients and arise in a variety of factual contexts, including mergers and acquisitions, public offerings, tender offers, private placements, financing and broker/customer relations. We also represent clients in the corollary claims involving breach of fiduciary duty, corporate waste, and related common law claims arising out of corporate management activities.

Trusts & Estates:  Building on the strength of its nationally-recognized Trusts & Estates Department, the Firm has established itself as a leader in the field of fiduciary litigation.  We represent executors, trustees, and beneficiaries in courts around the country -- litigating will contests as well as disputes over property, the fiduciary obligations of executors and trustees, the proper administration of trusts and estates, accountings, construction of testamentary instruments, and tax issues with the IRS.  Often we are retained by other law firms who recognize our superior expertise in this complex area.  Many of the litigations we handle involve trusts or estates with values in excess of $100 million, although we also handle more modest disputes in an efficient and cost-effective manner.