Commercial Litigation – Leichtman Law PLLC

Decades of Practical, Business Savvy Litigation Experience

In commercial and business litigation, we represent individuals and both small and large companies. As a result of our years of experience at large law firms, we are well-equipped to represent large multi-national companies in complex, cross-border litigation as well as high-stakes advisory and agreement work. Our cases span federal and state courts throughout the United States, including appeals, as well as other alternative dispute forums such as mediation, arbitration and “expert determination” proceedings.

One point of differentiation is that because we are focused on the bottom-line business objectives of our clients, we do things more efficiently than larger firms. We are laser-focused on preparing for trial, but only on pursuing the most persuasive and useful evidence, rather than chasing every scrap of paper or electronic data. Of course, we also recognize that clients often benefit from considering numerous “exit strategies” at key points during the litigation process.

We think of our commercial and business litigation practice as encompassing three key areas, although we have significant experience in other disciplines as well. Those three areas include: (1) financial services industry litigation; (2) disputes between business partners or high level executives exiting their positions (sometimes referred to as “business divorce”) as well as other business torts and contract issues; and (3) white collar and antitrust litigation. Other areas where we have significant experience include environmental litigation, trusts and estate litigation, products liability litigation, insurance coverage litigation, securities litigation, and labor & employment litigation. Representative matters handled by our lawyers are listed below.

Professionals:

Representative financial service industry litigation matters include:

Represented two major banks in class actions relating to roles as trustee with respect to RMBS certificates.
Jury trial on behalf of the private equity arm of a financial institution upheld on appeal, in an action involving the sale of several television stations, resulting in a verdict for the client.
Successfully argued motion for temporary restraining order and conducted defense of hearing on motion for preliminary injunction in case brought on behalf of California county against major investment banking firm. Plaintiff had sought to restrain two billion dollars of client assets pending outcome of litigation arising out of alleged securities law violations leading to bankruptcy of the county.
Representation of Mexican issuer in litigation relating to default in payment on Notes. Argued in U.S. Supreme Court and obtained 5-4 reversal of order freezing over $200M of client’s assets.
Representation of six private equity firms in defense of claims involving allegedly fraudulent investments and distributions; prevailed on motion to dismiss.
Represented a Channel Island investment company based in Southern Spain in securities litigation in the Southern District of NY involving an interest rate futures spread scheme; settled client’s claim for approximately 90% of the loss.
FINRA investigation of largest producer of major life insurance company.
Numerous FINRA arbitrations involving disputes between brokers and investors.

Representative business tort, contract and “business divorce” litigation matters include:

Represented Emmy award-winning music producer in a protracted contract and IP dispute with a former business associate, including numerous appeals, ultimately prevailing on all issues on summary judgment.
Represented software developer in numerous litigations involving customers claiming “force majeure” excuses for non-payment as a result of the global pandemic.
Represented strategic advisor to major well-known artist in a series of complex disputes involving artists’ family members, concerning consulting fees and insurance recovery proceeds.
Successful trial defending music concert festival promoter from fraudulent inducement claims.
Represented Emmy award-winning music producer in a protracted contract and IP dispute with a former business associate, including numerous appeals, ultimately prevailing on all issues on summary judgment.
Represented major retailer in multiple litigations involving various real estate transactions
Represented major retailer in multiple litigations involving CAN-SPAM and TCPA claims.
Represented the seller of major soft drink brand in post-closing commercial arbitration.
Representation of sweepstakes publisher in two trials against state Attorneys General in cases alleging false and deceptive mail solicitation. Cases remained sub judice for nine months (Wisconsin) and six months (Oregon) after conclusion of trial at which time there was global settlement of claims by all 50 states.
For the same client, acted as national coordinating counsel and handled the negotiation of nationwide class action settlement in numerous consumer protection actions, from inception through final approval on appeal by the Seventh Circuit.

White Collar and Antitrust litigation matters include:

Prosecution and conviction of all defendants in three month, 68 witness case alleging extensive network of fraudulent tax shelters.
Representation of former partner of investment advisory firm in parallel SEC civil and DOJ criminal investigations of alleged securities fraud. No charges.
Representation of former partner of major accounting firm in parallel SEC civil and DOJ investigations of alleged ponzi scheme; after SEC trial, client was convicted but the conviction was overturned on post-trial motions.
Representation of key witness in Special Counsel investigation of foreign interference in U.S. presidential election.
Representation of large foreign corporation in criminal transfer pricing investigation, including internal DOJ appeal and reversal of decision to charge.
Criminal investigation by DOJ Antitrust Division of alleged price rigging scheme leading to no indictment.
Representation of the President of a not-for-profit in criminal investigation of alleged embezzlement of organization funds. No indictment.

Representative matters in other areas of commercial litigation include:

Insurance recovery

Represented insurance company in successful two-week jury trial, denying insured $20 million in disputed excess coverage for Hurricane Sandy losses and resulting in reformation of insurance policy.
Successfully defended a multi-billion dollar insurance company in an insurance coverage dispute with a media conglomerate, involving complex underlying copyright liability and damages issues, resulting in favorable pre-trial settlement.

Environmental

Represented major manufacturer in multiple lawsuits involving CERCLA cost recovery matters.
Represented major manufacturers in complex toxic tort matters relating to PCB, TCE and other contamination. Matters handled ranged from CERCLA issues, state law toxic tort claims (personal injury and property diminution), and insurance recovery issues (for both insured and insurers).
Represented manufacturer in action against state level EPA to modify that state’s water quality and effluent standards.

Trusts & Estates

Jury trial of largest will contest (at the time of trial) in the history of New York County Surrogate’s Court.
Representation of heir of major ballet dancer involving disputes over royalties left to dancer under will of major choreographer.

Products Liability

Representation of manufacturer of mining equipment in litigation throughout the country alleging design defects in client’s excavators including two trials and establishment of governing law relating to economic loss damages in two jurisdictions.
Coordinating counsel for manufacturer of electric equipment in cases throughout the country alleging design defect in client’s most significant product.

Labor & Employment

Representation of a female attorney employed by the SEC in arbitration alleging gender discrimination in employment. Received favorable settlement.
Represented a group of employees in ERISA litigation who, after their termination from a former employer, went to work for the new employer in the same jobs, location and salary as before. Established at trial, despite the absence of any written severance plan, that clients were entitled to severance under ERISA and that the denial of severance was arbitrary and capricious.
Represented manufacturer in state court through trial in an employment case brought by a former employee; after most of plaintiff’s claims were dismissed during the first day of trial, the matter settled favorably on the second day before cross examination of plaintiff began.
Represented a women’s professional sports association and its members in state court litigation in NY and in the mediation thereafter that resolved the matter.
Obtained a dismissal with prejudice of an American Disabilities Act (ADA) claim made against the website of an international fashion retail client.

Other Miscellaneous Matters

Represented a Canadian clothing importer by first setting aside the default judgment entered against it in the Southern District of NY and then settling the matter for approximately 20% of the vacated judgment.
Represented a photographer in a six-year litigation against a leading American publisher in a case that twice went to the Second Circuit Court of Appeals and also generated a petition for certiorari to the Supreme Court.
Represented a Latin American government in litigation against it in the Western District of Pennsylvania; overturned default judgment against the client and after a two-day hearing had the matter dismissed.
Represented a California film maker in litigation brought by a post-production house. On the eve of trial, convinced the plaintiff to dismiss the case with prejudice.