Home Practices Areas Attorneys News and Events Representative Transactions Resource Center Contact Us

LITIGATION
General Commercial and Corporate, Securities Enforcement Actions and Investigations, Real Estate, Construction, Land Use and Commercial Landlord/Tenant

Skills and Philosophy
Our litigation group provides support to each of the other practice areas of the Firm. Ellenoff Grossman & Schole LLP has a well established record of success before New York State and Federal trial and appellate courts, as well as administrative agencies and arbitration/mediation forums, including the American Arbitration Association and other alternative dispute resolution settings. Our commercial litigators believe in a common sense approach to litigation - investigating the pertinent facts, knowing the law, always being prepared and taking the time to understand each client's goals and objectives. Through skillful communication and through powerful advocacy, the Firm's litigators apply their legal expertise in a highly cost-efficient manner, combining zealous and intelligent advocacy of the client's interests with an equal emphasis on integrity and ethics.

The Firm's litigation expertise is extremely broad, including sophisticated corporate and securities-related litigation, contract and commercial disputes, real estate litigation, securities arbitrations, consumer credit and banking law, construction matters, employment law and executive compensation disputes, and accounting and other professional malpractice matters. Members of the Firm also have sub-specialties in defending securities enforcement actions and investigations.

The Firm is mindful of the fiscal and economic realities of protracted litigation and encourages its clients to explore all available avenues of cost effective dispute resolution before resorting to litigation; and then, only to commence litigation once a discernable and achievable goal has been determined. In those instances where such dispute resolution cannot be achieved, our experienced litigators are prepared to engage the full range of resources available to them in order to construct and aggressively pursue a litigation strategy most likely to achieve the desired outcome.

General Commercial and Corporate Litigation
Our clients call upon our commercial litigation group with respect to corporate matters including complex contractual relationships and issues involving ownership and governance such as contests for corporate control and disputes among shareholders, partners and co-venturers. The Firm represents major financial institutions in consumer credit and banking law matters and also has expertise in representing franchise automotive dealerships with respect to matters involving the "Big Three" American automotive manufacturers. Our litigators take an active role in advising our clients and assisting our corporate practice group in examining litigation exposure and devising litigation strategies with respect to all business relationships and ventures.

Securities Enforcement Actions and Investigations
Our Securities Regulatory Practice Group represents the financial industry in investigations, disciplinary actions and administrative proceedings before the SEC, CFTC, Attorney General, FINRA and other federal and state agencies and self regulatory organizations. The practice group also provides counsel regarding compliance with securities law, rules and regulations and the regulatory examination process. In addition, we represent entities and individuals in internal investigations.

Real Estate, Construction, Land Use and Commercial Landlord/Tenant
The Firm represents private and institutional landlords, property owners, REITS, asset managers, investors, cooperative corporations and condominium associations throughout the New York metropolitan area in connection with a wide range of real estate related litigation and commercial landlord/tenant disputes. We also have extensive experience representing national title insurance underwriters as well as agents, as well as landowners, in disputes and litigation involving title to and use of real property. The Firm also represents clients in construction litigation involving owners, contractors and construction managers, as well as in land use issues involving local and state government and administrative agencies.

[ view attorneys specializing in LITIGATION ]

Recent Successes
February 1, 2010 Represented major art gallery in successfully overcoming challenge to authenticity of a valuable artwork.

January 12, 2010 Successfully obtained enforcement of a French default judgment in favor of international fashion designer, resolving novel issues of international service of process under the Hague Convention.

January 5, 2010 Successfully settled, before discovery proceedings had occurred, a $94,000 mechanic's lien foreclosure action brought on behalf of a multi-state based construction management company for 75% of the claim amount set forth in the complaint. 

January 4, 2010 Successfully obtained the pre-discovery dismissal of legal malpractice claims against a major international law firm.

December 23, 2009 Successfully recovered monies paid by a general contracting construction company to settle an underlying construction accident case from the New York State Liquidation Bureau where the company's insurer had improperly denied insurance coverage for the accident.

December 12, 2009 Obtained summary judgment on behalf of ex-employee defrauded by former employer into making large usecured loan to his employer.

November 4, 2009 Our client, an employer, faced over $80,000 in penalties imposed by the Workers Compensation Board for alleged violations of the Workers' Compensation Act. We  appealed the penalties and won. The penalties were withdrawn in their entirety.

November 4, 2009 Represented multinational banking institution against claims that it violated the Fair Debt Collection Practices Act and the Fair Credit Reporting Act and successfully had claims dismissed pursuant to a motion to dismiss filed in the United States District Court for the Southern District of New York.

November 3, 2009 In a New York surrogate's court matter and on behalf of an executor of a Will that was being probated, EG&S successfully enjoined a foreign proceeding in Italy that would have interfered with the probate proceeding and potentially disrupted the Will.

November 2, 2009 In a New York State Supreme Court declaratory judgment and damages action, successfully sued technology joint venture to restore valuable membership rights of co-inventor who had been forced out.

November 1, 2009 Obtained substantial award of attorneys' fees in real estate litigation against major New York landlord despite absence of lease based solely on admissions made by landlord during course of litigation.



©2010 Ellenoff Grossman & Schole LLP. All rights reserved.

Disclaimer
Prior results do not guarantee a similar outcome.