commercial litigation

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MSK’s Litigation Practice is comprised of attorneys who offer skillful representation to clients in a wide range of businesses and industries. We frequently try cases, both to judges and juries, and regularly handle administrative trials and hearings before federal, state, and local agencies. We are experienced in handling arbitrations, mediations, and other forms of alternative dispute resolution and actively provide litigation-avoidance counseling to our clients.

business & commercial litigation

Complex Commercial Disputes
Breach of Contract and Fiduciary Duty Claims

Our business and commercial litigation practice is diverse, sophisticated and often entails high-profile cases and clients. We represent both plaintiffs and defendants in civil matters and aggressively advance our client’s interests, whether we are prosecuting or defending claims.

Our attorneys litigate in both federal and state courts and before administrative and regulatory agencies. The cases the firm handles often involve contractual disputes and business torts, such as fraud and breach of fiduciary duty in complex business settings. In addition, we have handled entertainment, employment, securities, environmental, real estate, construction and unfair competition cases.

Our clients range from public companies to partnerships, small businesses and wealthy individuals. Our lawyers have substantial trial experience and approach each case as a potential trial. This allows our attorneys to focus on the core issues of the case and efficiently litigate these issues. Our trial expertise reaps substantial benefits for our clients during trial, and our "trial-ready" philosophy helps us to obtain better settlements prior to trial through mediation or arbitration proceedings.

corporate and partnership disputes

Corporate and Partnership Dissolutions
Breach of Contract and Fiduciary duty claims

Anyone who has served as an officer or director of a corporation or who has been a partner in a partnership, knows that disputes between the principals of a company or partnership are all too frequent. Officers, directors and partners often have legally enforceable obligations of due care, loyalty and honesty to the company, shareholders, partners and to each other. When these fiduciary duties are breached, litigation often follows. Our lawyers prosecute or defend such claims on behalf of officers, directors and partners in disputes arising in diverse business settings.

We have successfully handled litigation involving disputes over control of corporations, minority shareholder claims, corporate mismanagement, dissipation of assets and corporate and partnership dissolutions. This area of the law is particularly intriguing because of the range of options available to the parties. Our lawyers work hand-in-hand with the client to devise and execute a strategy that best fits the particular circumstances of the case. We have secured successful results for numerous clients, either through trial or settlement.

In addition, we are often consulted when potential corporate or partnership disputes appear on the horizon. Our experienced attorneys have been able to provide consultation and creative strategies to prevent the dispute from becoming a litigation matter.

entertainment & intellectual property litigation

Trademark and Trade Dress Infringement and Dilution Disputes
Domain Name Disputes
Antitrust, Unfair Competition and False Advertising Disputes
Merchandising and Licensing Disputes
Trade Secrets Disputes
Copyrights & Patents

We assist clients in protecting its patents, trade secrets, trademarks, service marks, copyrights, and Internet domain names. We operate at the cutting edge of intellectual property litigation. Our trial lawyers are well versed in complex multi-faceted litigation in state, federal, and administrative courts including courts of appeal.

securities litigation

Shareholder Derivative Actions
Crisis Management

We represent numerous clients in defending class and derivative actions and in litigating tender offers, allegations of insider trading and other major securities-related matters. Our securities litigators have the expertise to recognize critical issues early and we work with our clients to avoid the pitfalls that can turn a defensible lawsuit into a corporate disaster. Our lawyers have successfully represented officers and directors, shareholder groups, securities broker-dealers and underwriters in securities class actions, mismanagement claims and SEC investigations, among other areas.

Spotlight

If you’ve ever received an SEC Wells notice, a summons from a former business partner, or notice of a class action against your company, then you understand the anxiety these can trigger. With legal disputes a fact of life in today’s business world, having excellent counsel to calm your nerves and artfully enforce or defend your rights is critical.

Today’s business environment is variable, complex, and ambiguous. Business owners, general counsel, and corporate executives must find new and delicate balances between managing risk and accomplishing business goals. Trusted advisors who know how to be business enablers and not obstacles are critical to managing these treacherous waters.

The attorneys in MSK’s commercial disputes practice have a broad range of legal expertise -- from contract disputes to class action cases to complex securities litigation. With a refined ability to know how and when to masterfully settle high stakes claims, and the ferocity and brilliance of seasoned trial lawyers, MSK’s litigators deliver results.

Cases

wage & hour

Represented 10 major motion picture studios and TV networks in class actions alleging that hundreds of thousands of workers were not timely paid wages. Includes claims for waiting time penalties and claims under California Business & Professions Code § 17200.

product liability

Represented the distributor of an active aircraft insecticide ingredient in class action litigation by pilots and flight attendants claiming injury from exposure to the insecticides on international flights. We were successful in defeating the claims through various pretrial motions.
Represented a client who was sued in a series of individual and class action lawsuits arising out of its manufacture, over a period of some 20 years, of an allegedly defective product used in residential home construction. Negotiated a creative settlement of the entire liability case, which resulted in the insurers funding the settlement agreement and waiving all coverage claims against the client.

real estate

Represented Wherehouse, Inc. in its acquisition of an independent retail chain of approximately thirty music stores. We also represented Wherehouse in various lease disputes with landlords, including renewals, the appropriate manner to set and reset rents, and related issues.
Represented Neiman Marcus Group, Inc. in a complicated lease dispute between NMG’s Beverly Hills specialty retail store and the owner of the property on which the store is located. Also represented NMG in property tax reassessment negotiations and business license tax disputes.

securities litigation

Defended a computer peripherals manufacturer, its chairman, and its CEO against securities fraud class actions and shareholder derivative actions.
Represented the Chairman and CEO of a major independent entertainment company in consolidated securities class action litigation arising out of an IPO.

insurance

Represented a biotechnology company in obtaining coverage for damages resulting from FDA-ordered recall of our client’s products. The firm obtained an eight-figure settlement well in excess of the annual policy limits after the carrier denied the claim and sued for rescission of the policy.
Represented a Fortune 100 technology company on insurance coverage issues arising from hostile takeover litigation. The firm successfully obtained reimbursement of $6 million in defense costs from the insurer issuing directors and officers coverage. The firm was also able to implicate the client’s liability insurer based upon certain defamation claims in the underlying litigation.

environmental

Defended a Southern California based industrial company against charges of violations of the Clean Water Act and Resource Conservation Recovery Act filed by the Army Corps of Engineers and the Environmental Protection Agency, ultimately resulting in dismissals with prejudice of the actions.
Defended a number of manufacturers and property owners in connection with CERCLA/Superfund litigation involving deep aquifer and soil contamination.

construction

Successfully obtained a jury verdict for our client, a major construction company, in a complex matter involving a personal injury claim at a construction site. The claims for contractual and common law indemnification against our client were also dismissed.
Represented corporation in multiple cases involving construction defects, property damage, mechanics liens, and complex insurance coverage issues, resulting in favorable six figure settlements for the client.
Represent numerous contractors and subcontractors in various dealings with insurance companies including tendering of claims, coverage disputes, premium disputes, reimbursement demands, and other defense related issues.

anti-trust & unfair competition

Defended a Harcourt Brace subsidiary that provided BAR/BRI Bar review courses against Sherman Act § 2, Clayton Act and Robinson-Putman Act claims through trial and appeal.
Represented a major automaker in a suit alleging antitrust and California Business & Professions Code § 17200 claims. The case was settled favorably for our client after a successful summary adjudication motion defeating several of the plaintiff’s key claims.