One of the region’s largest, most experienced groups of commercial trial lawyers, our Litigation Department has achieved success in hundreds of trials in state and federal courts. Throughout New Jersey, New York, Delaware, Maryland, Texas and Florida we are recognized as a “bet the company” litigation team. We frequently arbitrate and mediate as alternatives to litigation. We also counsel our clients on how to avoid litigation. First and foremost, our clients see us as problem solvers.
+ READ MORESuccessfully obtained a reversal in the Appellate Division and then decision from the New Jersey Supreme Court, in favor our client in an eminent domain matter where our clients’ property was taken from them, as the Court determined, without constitutional just compensation, based on the valuation date used by the trial court and advocated by the municipality taking the property.
Recovered a substantial judgment on behalf of a surety client against the State of New Jersey after a 10-day bench trial and a 175-page written decision. The Court found that the State had improperly terminated our client from the renovation of a state building after our client had funded substantial work, refusing to pay our client for such work, and rejecting the State’s counterclaims based on the work performed by the State’s substitute completion contractor.
Represented a national retailer of fine jewelry, in a breach of contract action relating to the production of a line of jewelry allegedly licensed by a celebrity. We defeated a motion by the manufacturer seeking to prevent our client from selling that jewelry, and the matter settled shortly thereafter favorably to our client.
Obtained a judgment for a client declaring the non-infringement and invalidity of a real estate tax patent owned by another company, which determination we were able to successfully defend on appeal before the Federal Circuit Court of Appeals.
Represented a New Jersey state authority against a multi-million dollar claim that it had negligently failed to require that a payment bond be posted under the New Jersey Bond Act for a particular major development project. We obtained dismissal of the claim by written decision based on numerous grounds, including a lack of jurisdiction by the trial court, the inapplicability of the Bond Act and immunity under the Tort Claims Act.
On behalf of an employer client, we obtained a temporary restraining order preventing its former employee from (1) violating his non-compete agreement by working for one of the client’s competitors; (2) disclosing any of our client’s confidential and proprietary information to any other person or entity; (3) soliciting or communicating with any of our client’s competitor’s clients; and (4) ordering that the former employee immediately return all confidential and proprietary information to our client. This decision led to the negotiation of a settlement on very favorable terms.
Successfully represented an individual removed as a Director of a non-profit corporation for alleged misconduct. Following an eight-day bench trial, our client prevailed and obtained all of the relief requested in the Complaint, which led to our client’s reinstatement as a member of the Board of Directors and as a Trustee, and the by-laws and member list advanced by our client were declared to govern.
Concluding nine years of litigation, the New Jersey Supreme Court affirmed the prior decisions we obtained in the Appellate Division, trial court and in arbitration in favor of our client, the majority owner of an automobile dealership chain, against the minority owner who was ousted.
At trial, we succeeded in establishing equal ownership for our client in a group of large, closely held businesses and obtained a judgment directing the forced sale of the opposing shareholder's interests. Then, on appeal, we obtained favorable valuation rulings, as the Appellate Division recognized a key man marketability discount in the first reported New Jersey case applying such a discount.
After over five years of hard-fought litigation and a twenty day arbitration evidentiary hearing, Cole Schotz obtained a $63 million arbitration award on behalf of its private investment fund client. Through the arbitration, our client sought enforcement of its security interests against a defaulted borrower, payment under an insurance policy designed to mitigate the loss resulting from such a default, as well as recoupment of its collateral misappropriated by the borrower’s attorneys.
By way of background, our investment fund client provided a $25 million loan to a borrower to support a patent infringement litigation program protected by comprehensive security interests in all of the borrower’s assets. An insurance policy covering the potential loss of the loan principal in the event the borrower defaulted further secured the loan. When the patent enforcement program failed to generate sufficient revenues to timely repay our client’s loan, the borrower defaulted. In addition, the law firm representing the borrower misappropriated the only recoveries obtained from the patent litigation program, paying those funds to itself for claimed outstanding legal fees, instead of surrendering those funds to our client pursuant to its security interests.
After three years of state court litigation in New York (Supreme and Appellate Division) followed by two additional years of arbitration proceedings, the Cole Schotz litigation team scored a sweeping victory on all of our client’s claims, securing an award for the full amount of the damages caused by the borrower, insurance company, and the law firm, totaling over $63 million. In addition, Cole Schotz further obtained reimbursement of our client’s arbitration expenses, as well as 65% of its attorneys’ fees and costs incurred in connection with the arbitration.
The team procuring the win for our client included Michael Sirota, Steven Klepper, Victoria Cioppettini, Lauren Manduke, Barry Schwartz, Neoma Ayala, Rachel Mongiello, and paralegals Kathleen Sermabekian and Karen Chiandusse. When the borrower filed for bankruptcy protection in Virginia in an attempt to evade the arbitration process, David Bass, G. David Dean, and paralegal Fran Pisano assisted the litigation team in procuring a full dismissal of that Chapter 11 proceeding.
As published in: Law360 February 24, 2021
As published in: Commerce and Industry Association of New Jersey Magazine February 2021
January 22, 2021
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Corporate Law December 18, 2020
Texas Bar Journal April 1, 2020
Bankruptcy and Restructuring Law October 3, 2019
Employment Law October 1, 2019
CityBizList April 10, 2019
New Jersey Law Journal April 10, 2019
Today’s General Counsel Spring 2019 Issue
Employment Law December 19, 2018
Employment Law December 3, 2018
Lodging November 26, 2018
Texas Lawyer June 29, 2018
abfjournal May/June 2018
New York City Bar Association Aeronautics Newsletter March 2018
New York City Bar Association Aeronautics Newsletter February 2018
New York City Bar Association Aeronautics Newsletter January 1, 2018
Law360 December 4, 2017
New York City Bar Association Aeronautics Newsletter November 2017
New York City Bar Association October 2017
Law360 June 21, 2017
New Jersey Law Journal March 20, 2017
Law360 March 15, 2017
Legaltech News October 6, 2016
New Jersey Law Journal May 23, 2016
IP Law Outlook February 4, 2016
Legaltech News December 22, 2015
Commerce Magazine October 15, 2015
Law360 August 28, 2015
New York Law Journal July 13, 2015
The Practical Real Estate Lawyer July 1, 2015
Women Lawyers in Bergen Spring 2015 Newsletter May 19, 2015
New Jersey Law Journal April 30, 2015
Employment Law Monitor March 3, 2015
New York Law Journal February 23, 2015
Texas Lawyer December 15, 2014
Real Estate & Construction law Monitor October 23, 2014
New Jersey Law Journal October 3, 2014
American Bankruptcy Institute October 2014
Today's General Counsel October 2014
Texas Lawyer September 24, 2014
IP Law Outlook September 11, 2014
New Jersey Law Journal July 24, 2014
Texas Lawyer July 23, 2014
IP Law Outlook June 26, 2014
Law360 May 15, 2014
Ski Area Management Magazine, March 2014 Issue March 10, 2014
Law Technology News March 6, 2014
NJLJ December 19, 2013
Corporate Compliance Insights September 11, 2013
AIRA Journal September 4, 2013
AFP Exchange September 5, 2013
32 N.E.J. on Crim. & Civ. Con. 279 (2006). August 11, 2013
New Jersey Law Journal May 21, 2012
WLIB Newsletter Volume 6 Winter 2012
South Florida Business Journal December 23, 2011
New York State Bar Association Entertainment, Arts & Sports Law Journal August 16, 2011
Daily Business Review May 24, 2011
Daily Business Review February 9, 2011
Sun-Sentenel November 30, 2010
32 Women’s Rts. L. Rep. 81 Fall, 2010
South Florida Business Journal November 5,2010
Daily Business Review October 14, 2010
Daily Business Review September 7, 2010
Sun-Sentenel February 21, 2010
Corporate Counselor February 2010
New York Law Journal January 4, 2010
New York Law Journal December 16, 2009
Construction Executive December 2009
New Jersey Law Journal March 30, 2009
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Cole Schotz Docket Fall 2008
Cole Schotz Docket Summer 2008
New Jersey Law Journal March 31, 2008
New Jersey Law Journal April 10, 2006
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