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Commercial Litigation

  • Breach of contract, unfair competition, business torts, shareholder and partnership disputes, breach of fiduciary duty, trade secret and intellectual property disputes, professional negligence, and insurance coverage matters
  • Prosecute and defend financial fraud and commercial financial disputes, including matters involving check fraud, wire transfer fraud, identity theft, mortgage fraud, and claims under the Uniform Commercial Code 
  • Consumer fraud litigation, including claims under the New Jersey Consumer Fraud Act, Fair Credit Reporting Act, Truth in Lending Act, Truth-in-Consumer Contract Warranty and Notice Act, Bank Secrecy Act, and Fair Debt Collection Practices Act 

Commercial litigation is one of Greenbaum’s core practice areas. Our basic philosophy is to consult with our client at the outset, to determine the client’s business and economic objectives, and arrive at a strategy that can achieve those goals.  We provide a full range of services to help businesses navigate both complex and more routine commercial disputes, from negotiation and mediation to arbitration and trial.

We represent businesses, business owners, and entrepreneurs in a wide variety of commercial disputes, including claims involving breach of contract, franchise and vendor disputes, unfair competition, restrictive covenants, business torts, consumer fraud, misrepresentation and tortious interference. Our work encompasses shareholder, partnership and joint venture disputes, conflicts over management, business valuation, breach of fiduciary duty, and the dissolution of business entities. Our team has significant experience in cases arising out of commercial real estate transactions and leases. We also provide representation in the litigation of trade secrets disputes and intellectual property conflicts, as well as the defense of legal, healthcare, financial and other professionals against claims of professional negligence and ethical violations, and insurance coverage matters.

Our commercial litigators have significant experience in the prosecution and defense of financial fraud claims, including common law and Uniform Commercial Code (UCC) claims arising out of check embezzlement schemes, wire transfer fraud, identity theft, and mortgage fraud, including disputes related to negotiable instruments and electronic funds transfers (UCC Articles 3, 4 and 4A)  Our representation of financial institutions includes the defense of consumer claims and class action lawsuits, including claims under the New Jersey Consumer Fraud Act (CFA), the Fair Credit Reporting Act (FCRA), and the Truth-in Consumer Warranty and Notice Act (TCCWNA), as well as the federal Truth in Lending Act (TILA), the Bank Secrecy Act (BSA) and the Fair Debt Collection Practices Act (FDCPA).  Our team also defends broker-dealers and other financial institutions in Financial Industry Regulatory Authority (FINRA) arbitration.

Representative Matters

  • Representing a nationwide equipment distributor in multi-jurisdictional successor-liability litigation involving alleged exposure exceeding $150 million, defending claims that the client assumed liabilities of a separate company through intellectual property licensing arrangements. The matters include actions pending in New Jersey and California federal courts, with motions to dismiss pending, as well as representation of a company principal in a related Chapter 11 bankruptcy proceeding in New Jersey.
  • Represented the co-founder, President, CEO, and 50% shareholder of a prominent emergency physician group in litigation against the other 50% owner seeking injunctive relief, oppressed shareholder remedies, and damages for fraud, breach of fiduciary duty, breach of loyalty, and mismanagement.
  • Represented an accounting firm in litigation against a former employee alleging breach of the duty of loyalty, unfair competition, theft of confidential information, and violations of the New Jersey Computer-Related Offenses Act.
  • Serving as long-standing New Jersey litigation counsel to Massage Envy Franchising, LLC, defending the national franchisor in multiple matters alleging assault by individuals at local franchise locations. Successfully obtained summary judgment dismissing claims against the franchisor on the grounds that it is not liable for alleged misconduct of franchisee employees acting outside the scope of employment; currently defending that ruling on appeal while managing additional matters in discovery.
  • Secured summary judgment in New Jersey Superior Court on behalf of an accountant accused of defamation, civil conspiracy, tortious interference, and emotional distress, arising from his audit of an international company that uncovered alleged financial misconduct. The firm’s representation resulted in all claims against the accountant being dismissed.
  • Represented a former PSE&G project manager in whistleblower and discrimination claims under New Jersey’s CEPA and NJLAD, alleging retaliation for reporting environmental violations involving contaminated wastewater. On appeal, the New Jersey Appellate Division reversed the trial court’s dismissal and order compelling arbitration and remanded the matter for proper consideration, reviving the client’s claims and restoring his right to judicial review.
  • Representing a major property company and its affiliates in a series of Consumer Fraud Act and construction-defect lawsuits arising from the development and sale of luxury condominium units along Jersey City’s Hudson River “Gold Coast.” The matters involve claims under the New Jersey Consumer Fraud Act, Planned Real Estate Development Full Disclosure Act, and related tort and contract theories, including alleged construction defects, loss of New York City views, and unit size disputes. Several cases have been tried to verdict and others resolved through settlement; current litigation involves claims by 19 plaintiffs alleging unit size discrepancies.
  • Resolved a malpractice action against an accountant asserting over $1.5 million in damages through a favorable settlement on the first day of trial and separately settled a related fraud action in New York Supreme Court after three days of trial.
  • Secured a complete defense verdict for an attorney client facing an eight-figure legal malpractice claim arising from alleged conflicts of interest tied to a mezzanine financing transaction following the real estate market collapse, eliminating all exposure at trial.
  • Resolved multiple legal malpractice matters for law firm clients after the unexpected collapse of their primary professional liability insurer, navigating coverage gaps created by reinsurance insolvency and adverse New Jersey Guarantee Fund rulings to achieve favorable outcomes despite the absence of statutory coverage protection.
  • Advised a general contractor on emergent insurance coverage strategy following a catastrophic crane accident at a New York City high-rise project, mitigating exposure stemming from an uninsured and insolvent subcontractor and addressing tens of millions of dollars in project delay losses.
  • Resolved a seven-figure contract dispute on behalf of a pharmaceutical manufacturer involving alleged marketing and development obligations tied to a new prescription drug, avoiding protracted litigation and business disruption.
  • Successfully negotiated the elimination of redundant seven-figure insurance coverage obligations for a carrier client, reducing exposure despite an adverse trial-court ruling requiring concurrent coverage under multiple policies.  
  • Achieved a favorable settlement for a mid-market industrial company in a New Jersey federal court action involving breach of contract and warranty claims, resolving the dispute efficiently and avoiding protracted litigation.
  • The firm was a member of a unified four-firm team defending a physician shareholder and corporate officer of a neurology practice in $1.1 million creditor litigation alleging breach of contract and fraudulent conveyance against the practice and four individual physicians. The legal team secured dismissal without prejudice of all claims against the individual physicians; litigation remains ongoing against the practice, with continued efforts to reassert claims against the physicians.
  • The firm represents residential property owners in a multi-million-dollar construction defect and consumer fraud action arising from a high-end renovation project in Glen Ridge, asserting claims for cost overruns, defective workmanship, unauthorized changes, and violations of the New Jersey Consumer Fraud Act.
  • Successfully defended a major real estate developer in a six-month jury trial involving $200 million in alleged construction defect, financial misrepresentation, and consumer fraud claims brought by a condominium owners’ association.
  • Defending a developer and general contractor in construction litigation brought by a specialty subcontractor on a six-story mixed-use project in Bayonne, asserting counterclaims and third-party claims for professional malpractice, breach of contract, fraudulent inducement, and Consumer Fraud Act violations.  
  • Represented a member of a real estate development LLC in fiduciary duty and oppression litigation involving a Morristown redevelopment project, uncovering concealed valuation discrepancies and securing a $6.6 million settlement consisting of $4 million in cash and real property valued at $2.6 million.
  • Represented three business entities and four family-member principals in an eight-year dispute involving litigation, mediation, and arbitration against a fifth family member, including claims for partition by sale, breach of fiduciary duty, and mismanagement of family properties and businesses.
  • Secured dismissal, following jurisdictional discovery, of two corporate owners of a nursing home in litigation alleging violations of the New Jersey Nursing Home and Rights of Residents Act, negligence, gross negligence, and wrongful death.
  • Representing a New Jersey county in a $6 million contract dispute arising from a pre-development agreement for a proposed central energy facility intended to serve a county jail and adjacent state prison, defending against breach-of-contract and reimbursement claims and pursuing resolution through mediation and settlement negotiations.

Published Cases

  • In Parker v. Parker (2016), successfully represented the plaintiff in litigation involving New Jersey’s Oppressed Shareholder Statute before the New Jersey Chancery Division. The case involved two brothers, both 50% shareholders in two businesses, operated jointly on a single piece of property controlled by a limited partnership also owned by the brothers but operated independently, with no functional operating agreement in place. The court ruled that the defendant had “oppressed” the plaintiff, who suffered significant financial losses, by breaching his fiduciary duty and acting in bad faith.   
  • In Balsamides v. Perle (1999), a nationally recognized case, achieved a unanimous decision before the New Jersey Supreme Court establishing limits on the use of marketability discounts in forced buyouts of closely held companies. Balsamides is a leading valuation case for partnership or corporate dissolutions in New Jersey and is also used as a valuation case in divorce proceedings in the state.

Announcements

Client Alerts

Seminars & Events

In an evolving market where factors including remote work and digital data have shifted the rules of competition, safeguarding your company's proprietary assets is more critical than ever. Greenbaum litigators Darren Barreiro and Joe Natale discuss the strategic enforcement of restrictive covenants and the importance of acting swiftly to protect your business from threats such as unfair competition and trade secret misappropriation.

Of Interest