Commercial Litigation

Applying unique insight into the judicial system to deliver results for our clients. Commercial Litigation

It takes more than aggressive advocacy and trial experience to make a successful commercial litigation attorney. It takes the ability to look at the larger picture . . . to see the client’s business goals, then develop and implement a legal strategy that furthers their immediate and long-range objectives. The business litigation attorneys at Farrell Fritz include former prosecutors and judicial law clerks, giving our firm a broad understanding of the judicial system. This background, combined with years of working with some of the Long Island and New York region’s leading corporations, has produced a team of seasoned litigation attorneys with unique insight into the workings of the judicial system and a practical understanding of the business issues impacting litigation.

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Our business litigation team focuses in:

Alternative Dispute Resolution

Alternative Dispute Resolution (ADR) has become a popular way for businesses to resolve differences without lengthy and costly court proceedings. Our commercial litigation attorneys represent clients in arbitration, mediation and other types of ADR. Several Farrell Fritz litigators also serve on ADR panels in the metropolitan New York area. We counsel our clients at the pre-litigation stage to prepare them for every possibility and to involve them in a process that encourages parties to work together to develop creative solutions to business disputes.

Appellate Practice

Farrell Fritz frequently represents clients in state and federal appellate court matters, appearing regularly before the New York State Court of Appeals and Appellate Divisions as well as the United States Court of Appeals.

Banking Litigation

Banking litigation has long been a staple of the commercial litigation practice at Farrell Fritz. We represent commercial banks, savings banks, credit unions and other financial institutions in disputes arising under the Uniform Commercial Code and federal and state laws and regulations as well as regularly enforce commercial loan agreements, defend lender liability claims and litigate a broad variety of contract disputes.

Bankruptcy & RestructuringBankruptcy & Restructuring

Farrell Fritz represents secured and unsecured creditors and other parties’ interests in bankruptcy court proceedings and state court enforcement matters. We serve as counsel to creditors’ committees, represent landlords and tenants whose leasehold rights are impacted by bankruptcy filings and work with parties interested in purchasing assets from bankruptcy estates. We also defend preference and fraudulent conveyance actions as well as claims arising out of failed business transactions.

Business Litigation

The commercial litigation practice at Farrell Fritz encompasses a broad array of business disputes. The firm litigates commercial cases arising under federal and state statutes as well as matters involving general principles of contract and business law. We regularly represent clients in partnership and shareholder disputes; prosecute and defend restrictive covenants, including noncompetition agreements; and litigate claims for breach of contract, business torts, antitrust, unfair competition and trade secret misappropriation.

Construction Litigation Construction Law

Our litigators represent a variety of clients in construction-related litigation and arbitration. We represent businesses, developers, as well as contractors, municipalities and lenders in construction disputes involving private and public projects throughout the New York metropolitan area.

Corporate Governance Litigation Corporate Governance

Farrell Fritz represents public and private companies, not-for-profit organizations and municipalities in matters relating to their obligations under federal and state laws and regulations.

Employment Litigation Labor and Employment

Companies are increasingly becoming embroiled in litigation involving employee issues. We routinely defend employers in EEOC and State Division of Human Rights proceedings, federal and state lawsuits, arbitrations and mediations. Whether representing a small, closely held business, a not-for-profit charitable organization or a large, publicly traded company, our extensive litigation experience provides a backdrop for successfully resolving claims efficiently. Our employment litigators:

  • Counsel, investigate and litigate harassment, discrimination and retaliation claims involving federal and state statutes such as the Equal Pay Act, Title VII, the Age Discrimination in Employment Act, the Pregnancy Discrimination Act, the Americans with Disabilities Act and the New York State Human Rights Law.
  • Counsel, investigate and defend claims brought under the Fair Labor Standards Act, ERISA the Family and Medical Leave Act and the New York Labor Laws.
  • Litigate breach of contract and tort claims.

Franchise Litigation

Farrell Fritz represents prospective franchisees and franchise area developers in connection with the review and negotiation of franchise agreements and multiunit development agreements in a variety of industries. We also provide assistance and guidance in connection with the formation of the franchisee entity and the structuring of the business arrangements among its owners. We utilize the services of our real estate, zoning and employment practice areas in helping the franchisee get from signing to franchise opening.

Insurance, Torts and Product Liability Defense

Highlights of our insurance practice include primary, excess and reinsurance disputes; insurance brokers’ professional liability; torts, hazardous waste and environmental issues; product recall; directors and officers coverage and financial and fidelity insurance issues.

Intellectual Property Litigation

Farrell Fritz litigates trade secret, copyright and trademark cases in federal and state court and advises clients on issues relating to the licensing of intellectual property such as computer software. We also serve as trial counsel in federal court in complex patent infringement litigation.

Real Estate Litigation

The firm’s deep roots in the Long Island real estate community give us a singular insight into real estate litigation. We litigate a broad variety of real estate disputes, including brokerage claims, title and boundary disputes, construction disputes, specific performance claims, disputes involving restrictive covenants and other recorded instruments, commercial lease disputes, adverse possession claims and partition actions.

White-Collar Criminal Defense

Several of our business litigation attorneys are former federal and state prosecutors who use their experience to defend individuals and corporations in white-collar criminal proceedings and to counsel clients who may be the subject of ongoing investigations. We also represent clients in other criminal matters in the state and federal courts.