Commercial Litigation/Alternative Dispute Resolution

Menaker & Herrmann LLP represents clients in all aspects of commercial litigation and alternative dispute resolution. The Firm has broad and in-depth experience in trials, appeals, administrative proceedings and alternative dispute resolution, including both arbitration and mediation. Notable successes for Firm clients include the successful defense of a Clayton Act Section 7 merger case (sustained on appeal), a plaintiff’s award in an age discrimination arbitration before the NASD, a defendant’s verdict from a jury in an intellectual property case in federal court and a major appellate reversal on behalf of a plaintiff real estate brokerage firm, resulting in a subsequent recovery for the client. Our recent employment case successes have included obtaining dismissals and favorable settlements of a number of employee claims against our employer clients and a major jury verdict for our plaintiff client under Title VII of the federal Civil Rights Act.

Other recent decisions have included a summary judgment, sustained on appeal, dismissing claims related to a bankruptcy proceeding, a major federal court decision upholding a complaint for exclusionary conduct under the antitrust laws, and an NYSE arbitration award rejecting payment claims by an NASD registered account executive against her broker-dealer employer.

We have also had significant experience in litigation pertaining to contracts and sales of goods, securities and negotiable instruments, commodities and derivatives, corporate governance, international trade, insurance coverage issues, reinsurance, mergers and sales of businesses, health-care including credentialing disputes, environmental claims, product liability, collections and bankruptcy, wills, estates and probate and construction matters.

The Firm emphasizes a cost-sensitive approach to litigation. Cases are staffed with only the number of lawyers necessary to achieve the client’s goals. Senior lawyers have hands-on involvement at all stages of the proceedings. We generally prepare a litigation plan and budget, and review them with our client at the outset and periodically thereafter. The Firm welcomes the opportunity to provide progress reports and to consult with the client on future work in the case. We understand the need to communicate and to seek our client’s view before taking any material step in a litigation.

The Firm believes that commercial litigation should be a vehicle to resolve disputes to the client’s satisfaction, not a protracted war of attrition. We believe a proper focus on goals, sound strategy and professionalism provides the best results for our clients.

Representative Matters

  • Represented a major equity holder in a New York limited liability company in arbitration and litigation concerning the valuation of his ownership interest and the terms of his buy-out from the company, resulting in an award against the majority equity holders for nearly 100 percent of the value the client alleged in the arbitration demand.
  • Obtained favorable settlement during trial in which the firm defended the sponsors and managing members of a Delaware investment vehicle against an investing member’s federal court claims of fraud and mismanagement.
  • Represented dissenting shareholders of a bank holding company following a freeze-out merger in a stock appraisal proceeding in the Delaware Chancery Court, which case resulted in a settlement during the early stages of the subsequent appeal to the Delaware Supreme Court.
  • Obtained a judgment from the Commercial Division of the New York Supreme Court after trial in a civil action on behalf of an investment banker, ruling that he was a partner in and entitled to fees from an investment advisory firm that had provided services in the financing of the Lithuanian national oil refinery and awarding the client over $2,000,000 in damages.
  • Achieved six figure settlement of breach of contract action for company against US Fortune 500 company, in which client was paid over 90% of funds due under the contract and which was settled before discovery costs were incurred.
  • Won jury verdict for design professional against project manager for services rendered on Queens Plaza public improvement project.

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