Business & Commercial Litigation

Bendit Weinstock offers our business and corporate clients services in the following areas, among others:

  • Arbitration & Mediation
  • Business Litigation
  • Collections
  • Contract Enforcement
  • Environmental Litigation
  • Financial Transaction Litigation
  • Franchise Law
  • Insurance Coverage Litigation
  • Intellectual Property
  • Regulatory Issues

ARBITRATION & MEDIATION
Bendit Weinstock’s attorneys have extensive experience in alternative dispute resolution, including arbitration and mediation, which often are utilized as a way to resolve disputes without formal litigation. Individuals and businesses often can benefit from participating in mediation or arbitration, as these methods of dispute resolution can be cost effective as well as less adversarial than a court proceeding. Alternate dispute resolution is a private method of addressing disputes, whereas litigation in court is a matter of public record.
Our attorneys have represented businesses and individuals in private as well as Court-directed mediation and arbitration, and many have served on mediation or arbitration panels.

BUSINESS LITIGATION

A major component of our firm’s practice is litigation on behalf of businesses in the state and federal courts of New Jersey, including the state Chancery Court. We handle business litigation in a variety of areas, from intellectual property disputes, to breach of contracts and agreements. We approach business litigation with a practical eye – and the knowledge that the primary goal of a businessperson is to resolve the dispute effectively and with a minimum of time diverted from the operation of the business. We strive to learn the details of our clients’ businesses, to enable us to effectively advocate on their behalf – and resolve their disputes efficiently.

COLLECTIONS

Many businesses face issues, one-time or ongoing, relating to collection of accounts, or after a lawsuit, collection of a judgment. We strive to provide our clients with information to enable them to evaluate the practical aspects of collection issues – whether the debt is worth pursuing, and whether collection from a debtor’s assets is likely. Enforcement of a judgment is sometimes as difficult as the lawsuit itself. If suit is filed, we pursue it efficiently, with the ultimate goal not only of obtaining a judgment, but enforcing it.

CONTRACT ENFORCEMENT
A great deal of litigation between business entities involves contracts and agreements which have been crafted to establish the parties’ rights and obligations, but which often need to be enforced, as well as interpreted. Our attorneys have expertise in gathering, and sifting through factual information necessary to evaluate breach of contract issues, and in focusing upon contract provisions which may need to be interpreted in litigation. This area of the law often requires in-depth analysis of the purpose of the contract and its provisions, as well as of the conduct of the parties, to determine their rights and obligations. Our attorneys have a proven track record in litigating contract-based business disputes, and in providing practical counseling with respect to resolution of contract-based disputes in non-judicial forums.

ENVIRONMENTAL LITIGATION
Our attorneys have experience in dealing with environmental regulatory issues, as well as litigating disputes involving environmental issues. We counsel clients on a broad range of issues, including compliance and reporting obligations. We also have experience in the area of remediation responsibility, and in dealing with insurance issues relating to remediation. Our attorneys also counsel clients with respect to environmental issues which should be addressed in various business transactions, including real estate transactions.

FINANCIAL TRANSACTION LITIGATION
Bendit Weinstock has represented financial institutions as well as individuals and businesses in litigation relating to financial transactions, from secured transactions to mortgage loans. We also represent creditors in bankruptcy proceedings in the New Jersey bankruptcy Courts.

FRANCHISE LAW
The firm has litigated a number of matters on behalf of franchisees and their owners in various industries, including food service and hospitality (hotel/motel). The cases have included breach of obligations under franchise agreements and associated documents, termination or threatened termination of franchises, and franchise ownership and financing disputes. The firm has also been involved in defending litigation instituted by retail distributorships, alleging the applicability of the New Jersey Franchise Practices Act to a distributorship arrangement, and involving termination issues.

The New Jersey Franchise Practices Act governs the relationships between franchisors and franchisees in New Jersey. The statute provides protection to franchisees from arbitrary termination, and Franchisors must precisely comply with requirements of the law in taking actions against franchisees, including terminating their franchises.

It is important for one who is facing a franchise-related lawsuit or threatened litigation to retain an attorney familiar with the law, as well as the structure and practices of franchised businesses, to assist and provide counsel with respect to the issues involved. If you or your business are facing a franchise-related legal issue, or become involved in litigation, please contact us to review the situation and ascertain if we may be of assistance to you.

INSURANCE COVERAGE LITIGATION
Our attorneys are experienced in dealing with all nature of disputes relating to insurance coverage. Denial of coverage, or an insurer’s defense of a matter with a reservation of its rights, at times are matters which our attorneys examine in-depth, from a legal perspective. In the business context, it often is necessary to address and resolve insurance disputes quickly, to enable the business to move forward with certainty relating to potential liability. Our attorneys have the expertise to evaluate and advise as to one’s rights under policies of insurance which have been purchased, and under which coverage is expected.

INTELLECTUAL PROPERTY

Bendit Weinstock’s attorneys are experienced in a broad range of litigation involving intellectual property. We have litigated matters in the New Jersey state and federal courts relating to unfair competition, business torts, restrictive covenants, trademarks, licensing, royalties, confidentiality agreements, and trade secrets. We are well-prepared to evaluate and address this often complex and difficult litigation, and if time is of the essence in protecting one’s intellectual property, we have the resources and expertise to bring a matter before a court expeditiously, by seeking emergent injunctive relief. We have represented both plaintiffs and defendants who find themselves involved in disputes over intellectual property – often critical to the survival of a business.

REGULATORY ISSUES
Bendit Weinstock’s attorneys are experienced in representing clients before state administrative agencies in a variety of regulatory matters. Such representation requires expertise in procedural matters, as well as familiarity with complex substantive regulations and their application.

 

Some of the firm’s representations of business and commercial litigation clients have included:

• Successful representation of business client in lawsuit against insurance company alleging bad faith claims handling practices and failure to defend multi-million dollar environmental claims, obtaining summary judgment prior to trial

• Successful representation of family members in estate – family partnership – faithless fiduciary litigation, through trial, appellate and Supreme Court levels, to obtain award in favor of clients in excess of $6 million.

• Successful representation of securities industry employee in wrongful termination arbitration, resulting in award in excess of $1 million.

• Successful defense of undue influence claim involving estate planning documents of terminally ill individual, through trial, appeal, and remand proceedings.

• Successful defense of Executor and Trustee of Family Trust against breach of fiduciary duty claims by one beneficiary, through phases of trial, appeal, and denial of Supreme Court petition.

• Successful representation of sole beneficiary under Will, defending will contest claims, and alleging claims against Executrix for neglecting to administer estate, which resulted in judgment in favor of client

• Representation of individual and family in legal malpractice case involving mishandling of a medical malpractice lawsuit, which resulted in a negotiated settlement after filing of a motion for summary judgment.

• Representation of business entity in arbitration against foreign manufacturer, involving alleged breaches of international distributorship agreement, which resulted in negotiated settlement.

• Representation of transportation companies in administrative proceedings relating to regulated operational issues

• Representation of professional employee in wrongful termination litigation against former employer, which resulted in negotiated settlement.

• Defense of employee in action alleging misappropriation of business opportunity and breach of fiduciary duty.

• Representation of professional in claim against insurer, seeking reinstatement of disability policy and payment of benefits, resulting in negotiated settlement.

• Successful representation of shareholders of family commercial real estate business, in buyout litigation, including prosecution of claims of self-dealing by officers and directors

• Representation of shareholders of a family business in lawsuit involving control of residential real estate rental business and buyout of stock, resulting in negotiated settlement and stock buyout.

• Successful defense of limited partnership and general partner in action alleging violation of state securities laws, obtaining summary judgment on all claims

• Successful defense of claims and prosecution of counterclaim, representing product distributor against foreign manufacturer, involving performance under an import and distribution requirements contract, and breach of covenant of good faith and fair dealing, resulting in monetary award to client.

• Successful defense of action against business owner in action alleging ownership interest in a franchised business, obtaining summary judgment before trial.

• Successful defense of real estate developers in specific performance (to sell real estate) and discharge of lis pendens actions.

• Successful defense of former employee in breach of restrictive covenant and trade secret litigation instituted by former employer.

• Representation of business partner in limited liability company dissolution litigation, through trial and appellate proceedings, resulting in New Jersey Supreme Court opinion, remand, and new trial.

• Representation of business investment entity in legal malpractice litigation involving failure to properly protect and secure client’s interest in a business financing deal, which resulted in a negotiated settlement.

• Defense of small business and individuals, in litigation alleging liability for contribution for environmental pollution, which resulted in summary judgment in favor of one client, followed by a negotiated settlement of all other claims.

• Representation of sales employee in action involving wrongful termination and former employer’s refusal to honor entitlement to bonus, which resulted in a negotiated settlement.

• Successful representation of individuals in action to enforce mortgage utilized by their father as part of estate planning, and in defense of competing claims to the property, through trial and appellate proceedings

• Representation of client in litigation involving conflicting claims to life insurance policy proceeds, which resulted in a negotiated settlement.

• Representation of attorney in litigation involving monies withheld under agreement with former law partners, which resulted in a mediated settlement.

• Representation of a family foundation in commencing an action relating to continued governance and operation of the entity.

• Successful representation of individual in consumer fraud action involving failure to properly construct outdoor landscape and pool.

• Successful representation of publishing company in arbitration proceeding involving defense of breach of employment agreement by former employee, and prosecution of claims alleging misuse of confidential and proprietary information by employee.

• Representation of professional in litigation involving interpretation and application of exclusionary clause in professional malpractice policy

• Representation of manufacturer in disputes involving insurance coverage issues in nationwide toxic tort cases

• Representation of Rent Receiver of commercial real estate entity, including presentation of applications to the Court for approval of Receiver’s actions, counseling concerning business matters, and representation in litigation throughout the state

• Representation of Guardians, Trustees, Executors, and other fiduciaries in actions for approval of accountings, and approval of actions of fiduciaries

• Representation, as Court-appointed Guardians, Guardians ad litem, and attorneys for incapacitated individuals, in various Court proceedings, to protect the interests of the wards