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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.
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