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COMMERCIAL LITIGATION

COMMERCIAL LITIGATION

Under our Commercial Litigation Division Practice Group, our focus and services are the opposite of the Contract Formation. Also known as Business Litigation.  Under that Practice Group we try to draft agreements to prevent litigation or to protect you in the event there is litigation.  It is proactive.  Here it is reactive.  Commercial litigation can be a lawsuit between 2 businesses or with a Plaintiff  as an individual bringing a lawsuit. 

TYPES OF CASES WE HANDLE

Business disputes can arise in many areas. That is why our attorneys are prepared to provide comprehensive legal counsel about a number of issues.

Real Estate

Our New Jersey business litigation attorneys represent buyers, sellers, brokers, appraisers and tenants in many kinds of real estate disputes, including:

  • Negligence in planning and design of property
  • Easement disputes
  • Title disputes
  • Breach of a commercial lease
  • Breach of an agreement for sale or purchase
  • Disputes between tenants and landlords
  • Inverse condemnation
  • Disputes over real estate agent commission
  • Failure to disclose by real estate agents or brokers
  • Fraud
  • Conflict of interest
  • Breach of fiduciary duty
  • Predatory lending
  • Mortgage disputes
  • Broker disputes
  • Repossession of fixtures, including leased equipment
  • Foreclosure on tax liens and tax sale certificates
  • Contractor disputes
  • Boundary disputes
  • Foreclosure of commercial and industrial property
 

In New Jersey, most disputes involving real estate contracts are resolved through mediation because almost all real estate contracts mandate mediation. Even if you want to pursue a lawsuit, you will have to go through mediation first.

In mediation, both parties meet with a neutral third party. However, the third party does not issue a binding decision, he or she will merely offer recommendations on how to resolve the dispute.

One of our New Jersey business litigation attorneys can counsel you before and during mediation to help you achieve a favorable outcome.

Breach of Contract

Businesses are involved in a variety of contracts large and small, involving things like:

  • Services
  • Licensing
  • Loans
  • Buying
  • Selling
  • Entertainment
  • Asset purchases
  • Suppliers
  • Franchises
  • Employment
  • Shareholder agreements
  • Partnership agreements
  • Promissory notes
  • Web development
  • Web hosting
 

Unfortunately, the party or parties involved in the contract may not comply or fulfill the terms of the deal. When that happens, our New Jersey business litigation attorneys may be able to help you recover compensation for:

  • Compensatory damages
  • Liquidated damages
  • Attorney’s fees and court costs
  • Rescission
 

Torts

These disputes could involve:

  • Fraud
  • Misappropriation of trade secrets
  • Civil theft
  • Tortious interference with a contract
  • Unfair trade practices
  • Defamation
  • Libel
  • Slander
  • Interference with a business relationship
 

Investment Disputes and Securities Fraud

Pagliara Law Group’s New Jersey business litigation attorneys represent individuals, corporate entities and investment funds that suffered investment losses involving stocks, bonds, options and other investments.

We also take cases that involve:

  • Margin claims
  • Unauthorized trading
  • Churning involving brokerage accounts
  • Breach of fiduciary duty
 

If we take your case, we will probably have to go through arbitration with the Financial Industry Regulatory Authority (FINRA) to resolve the dispute. We have in-depth knowledge of FINRA arbitration hearings and know what to expect. Our goal is to help you recover fair compensation for the investment losses you have suffered.

Disputes Involving Intellectual Property

Common disputes around intellectual property include:

  • Misappropriation of images, names or likenesses
  • Trademark infringement
  • Fraudulent advertising
  • Deceptive business practices
  • Misappropriation of trade secrets
 

The goal of our New Jersey business litigation attorneys in these cases is to help you recover things like lost profits or a reasonable royalty payment for what has been done to you. In some cases, we can resolve the situation by helping to negotiate a licensing agreement.

Estate and Trust Disputes

A New Jersey business litigation attorney can represent beneficiaries of estates and trusts who were denied money or property by guardians, trustees or personal representatives of estates. Some of the claims we handle include:

  • Lack of capacity
  • Fraud
  • Surcharge action
  • Inadequate formalities
  • Breach of fiduciary duty
 

Disputes Involving Shareholder or Partnership Agreements

Shareholder disputes often involve situations where board members or majority partners commit some form of misconduct that hurts the business. Another type of dispute happens when minority shareholders are denied the right to enjoy financial returns.

Partnership disputes involve various types of partnerships, including real estate, law firms and accounting. Disputes could include:

  • Conflicts between management and ownership
  • Self-dealing
  • Executive compensation
  • Breach of partnership agreements
  • Corporate theft
 

Disputes Over Professional Services

Most businesses purchase insurance and employ certified public accountants and attorneys to help them with the financial and legal aspects of their business. Unfortunately, these individuals do not always exercise the high level of care they are obligated to by law. This can cause significant harm to a business and the people in it.

Attorneys are legally obligated to comply with the standard of care for their profession. In other words, an attorney has to use the same degree of knowledge and skill that lawyers of ordinary ability and skill possess and use when representing a client. The degree of knowledge and skill is determined by the standards of legal practice at the time of the case.

Certified public accountants must comply with strict codes of conduct outlined in Generally Accepted Accounting Principles (GAAP) and Generally Accepted Auditing Standards (GAAS).

Disputes with accountants often arise over the following forms of misconduct:

  • Poor maintenance of records
  • Overbilling
  • Failing to detect fraud
  • Filing incorrect tax returns
  • Improper auditing of financial statements
 

Insurance disputes involve various types of insurance, from homeowners’ insurance and life insurance to general liability and auto insurance. Disputes often arise when insurance agents act incompetently and cause severe financial harm to a business.

Malpractice by insurance agents could include:

  • Failing to obtain requested insurance coverage
  • Failing to advise a business of the limits of coverage
  • Failing to take into account changes in the client’s circumstances
  • Selling inadequate coverage
  • Errors causing coverage to be cancelled
  • Submitting inaccurate information on insurance forms
 

Employment Disputes

Our New Jersey business litigation attorneys handle claims involving employment contracts and compensation, including:

  • Breach of business sale contract
  • Breach of earn-out contract
  • Breach of employment contract
  • Tortious interference
  • Unpaid wages
  • Unpaid bonuses
  • Wrongful termination
  • Unpaid severance
  • Unpaid retirement benefits
 

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    Testimonials

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      S.P.
    • Nick immediately helped me out in dealing with a landlord dispute. He is extremely well versed, knowledgeable and overall trustworthy which is hard to come by. I would highly recommend him to anyone in the future!

      Matthew
    • I hired Attorney Pagliara for a Employment Discrimination case. 

      He is a walking Encyclopedia of Law.  He really is a Gladiator in a Suit.  He is like David in slaying Goliath.  He never backs down until he wins.  He is the Man.  He got me PAID

      Aaron S

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