Litigation

The Litigation Department – Cole Schotz’s largest practice group, with more than 40 lawyers – is one of the region’s largest, most experienced and successful groups of commercial trial lawyers. We know when to put on the gloves, when to take them off, and how to get the best results for our clients in the competitive arena of business litigation. We earned our reputation as aggressive, effective trial lawyers by achieving success in hundreds of trials in state and federal courts throughout New Jersey, New York and elsewhere.

Recognized for our extensive courtroom experience, our trial lawyers are equally valued by our clients for our business acumen and attention to litigation costs. Assessing each client’s business objectives, we determine if it is advisable to pursue litigation aggressively or find a better, often more creative, solution. We frequently arbitrate or mediate as alternatives to litigation and are knowledgeable about the advantages and disadvantages of each approach to dispute resolution. We also counsel our clients on how to avoid litigation. First and foremost, our clients see us as problem solvers.

Our litigation practice encompasses a wide variety of commercial cases in such areas as shareholder/partnership/limited liability company disputes, directors & officers liability, business disputes, bankruptcy and reorganization; surety and insurance; real estate and construction; environmental; probate; employment and intellectual property. Because disputes often are industry-specific, we regularly work with attorneys in our other practice groups to help clients resolve problems affecting their businesses.

Business Disputes

  • Extensive trial and appellate experience in federal and state courts
  • Resolve disputes concerning contracts, trade secrets, unfair competition, restrictive covenants, antitrust, trademark, copyright and patent infringements, securities fraud, corporate, partnership and limited liability company deadlock, shareholders derivative claims, employment/labor issues, probate and bankruptcy
  • Prosecute and defend actions for temporary restraining orders, preliminary and permanent injunctions, declaratory judgment, specific performance and actions in lieu of prerogative writs

Construction Litigation

  • Represent owners, developers, sureties, general contractors, suppliers, subcontractors, real estate brokers and design professionals
  • Handle disputes arising under commercial leases, real estate foreclosures and tax appeals

Employment Litigation & Counseling

  • Defend employers and insurance companies in employment lawsuits
  • Represent plaintiffs involved in discrimination, harassment, wrongful discharge, Americans with Disabilities Act and related cases

Environmental Insurance Coverage Litigation

  • Represent clients seeking to recover the costs of environmental remediation from other responsible parties and insurance carriers
  • Defend claims by governmental agencies and private parties seeking to hold clients liable for environmental damages

Federal, State & Bankruptcy Trials & Appeals

  • Represent successful bidders in defending against challengers in federal and state courts in appeals on awards of public contracts, and represent unsuccessful bidders in such appeals

Intellectual Property & Computer Law

  • Prosecute trademark and copyright registrations
  • Counsel on infringement issues and trademark selection and clearance
  • Maintain and protect intellectual property
  • Dispute resolution, including litigation in the federal and state courts

Mediation & Arbitration

  • Prosecute and defend claims in arbitrations before AAA, NASD, NYSE and private tribunals
  • Represent clients in mediation proceedings
  • Serve as mediators and arbitrators

Reorganization & Workouts

  • Serve as general and special counsel for lenders, equipment lessors and other secured parties
  • Possess extensive experience in commercial real estate foreclosures and rent receiver actions
  • Foreclose security interests in personal property
  • Employ special proceeding, such as reclamation, replevin and other actions to obtain possession of collateral and pursue deficiency claims against business debtors and guarantors

Special Education

  • Represent students and parents in disputes involving receipt of special education and related services, including representation in administrative hearings, federal or state trial court and appellate review
  • Represent students and parents in disputes involving discipline
  • Represent students and parents in matters involving discrimination, harassment, retaliation and reasonable accommodations under federal and state constitutions, Americans with Disabilities Act, Section 504 of the Rehabilitation Act and New Jersey Law Against Discrimination

Surety, Fidelity and Insurance

  • Defend performance and payment bond and policy claims
  • Pursue indemnity, subrogation and salvage actions
  • Handle trials and appeals in state and federal courts; arbitrations and mediations
  • Negotiate workouts on public and private projects

Tax Litigation

  • Represent taxpayers in federal and state income, property and sales tax cases

Trusts & Estates

  • Represent parties in lawsuits involving will contests, accountings and breaches of fiduciary obligations
  • Handle guardianship proceedings

Representative Clients

  • Armanti Financial Services, LLC
  • Bentley Motors Inc.
  • The Chubb Corporation
  • DFDS Transport (US), Inc.
  • Goya Foods, Inc.
  • The Home Depot, Inc.
  • Inserra Supermarkets Inc.
  • Intercounty Paving Associates, LLC
  • Kemper Insurance Companies
  • Magna Care Holdings, Inc.
  • Oxford Health Plans, LLC
  • Palisade Regional Investment Fund, LLC
  • Ritchie Capital Management (HK), Ltd.
  • Safeco Insurance Companies of America
  • Solaris Health System
  • Tyco International, Ltd.
  • UBS
  • Vitaquest International LLC
  • Volkswagen of America, Inc.

REPRESENTATIVE MATTERS

Cole Schotz successfully advocated before the New Jersey Supreme Court in an eminent domain case in which our client’s property was condemned by the township for the purpose of building low-income housing. Although the client’s property was not taken until 2002, the township sought to value the property in 1997 to determine the amount of compensation to be paid to our clients, claiming that the early valuation date was required by New Jersey’s eminent domain statute. Before Cole Schotz entered into the case, the trial court issued a ruling in favor of the township and set the valuation date in 1997. The township’s position, if maintained, would have deprived our clients of more than $500,000 in market appreciation. Cole Schotz was successful in appealing the trial court’s decision to the Appellate Division, which reversed the trial court and held that the clients’ property could not be valued before May 2002, despite the earlier interest and activity surrounding the property.

The township and an intervening party joining with the township petitioned the Appellate Division decision to the New Jersey Supreme Court, arguing that the designation of our clients’ property in December 1997 as a site for low-income housing required valuation of the property at that time. Litigation partner Wendy Klein argued the case before the Supreme Court, lambasting the township’s position as contrary to New Jersey statute and a denial of the clients’ constitutional right to just compensation. The New Jersey Supreme Court completely rejected the township’s argument and, in a unanimous decision, affirmed the Appellate Division ruling requiring the property to be valued in 2002.

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