Areas of Practice

Commercial Litigation

Call 800-718-1422 or email [email protected]

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Commercial Litigation

Commercial litigation is a broad term that describes virtually every type of dispute that may arise in a business context. Common examples of commercial litigation include breach of contract, partnership disputes, class actions, and shareholder issues. This can include, but is not limited to, contract disputes, claims against another company or governmental entity, partnership/joint venture disputes, class action suits, business torts, civil RICO claims, breach of fiduciary duty allegations, and shareholder issues. These are all part of a commercial litigation.

Contract Disputes

Contract Disputes are a common occurrence that can occur when any party in a contract disagrees with any of the contract terms or definitions. A breach may occur not only when the terms of the contract are not performed at all, but also when they are not performed in accordance with the specifications indicated and/or when they are not completed on time. In the case of a contract breach, one or both parties may sue for damages and/or to have the terms of the contract legally enforced.

Business litigation can involve many types, such as: breach of fiduciary duty, breach of contract, regulatory investigations, trade secret disputes, insurance disputes, post-closing disputes, partnership disputes, among various and numerous other disputes.

Litigation increasingly occurs in various venues, from state and federal courts to private arbitrations and administrative hearings. Proceedings can involve
business-to-business disputes or those that potentially involve any number of government agencies.

Shareholder Disputes

Shareholder disputes can arise for a number of reasons, including alleged breaches of fiduciary duties, disagreements between majority and minority shareholders, or violations of operating guidelines. When a dispute happens, it may seem like a small problem that can be resolved without an attorney, but minor disagreements can also escalate into much larger disputes if all parties do not understand their obligations and rights, as well as how to properly follow and enforce them.

Business Torts: Business torts are not committed against persons or property. A business tort is harm against the organization’s intangible assets, such as its business relationships with clients or its intellectual property. It can be brought for a problem in a business relationship that is not a breach of contract. For example, a party can bring a suit when they believe another party has intentionally interfered with their ability to enter into a contract or business relationship with another in a way that caused economic damage. Some common categories of business torts include fraud, breach of fiduciary duty, unfair competition, and misrepresentation.

David Weintraub has more than 30 years experience litigating the most complex commercial cases. He welcomes the opportunity to meet with you.

Areas of Practice

  • Securities Litigation and Arbitration

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    Securities Litigation and Arbitration

    Unfortunately, not all Stockbrokers and Investment Advisors are ethical and trustworthy. Many of them take advantage of trusting people. That is where we come in. Read More

  • FINRA Investigations

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    FINRA Investigations

    The Financial Industry Regulatory Authority, Inc., aka FINRA, is the largest independent regulator of securities firms doing business in the United States. Read More

  • Elder Exploitation

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    Elder Exploitation

    Elder Exploitation is a form of abuse that occurs when a person, most often a relative or a professional such as a financial advisor, exploits an elderly person (age 65 and older) or a disabled adult. Read More

  • Commercial Litigation

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    Commercial Litigation

    Commercial litigation is a broad term that describes virtually every type of dispute that may arise in a business context. Common examples of commercial litigation include breach of contract, partnership disputes, class actions, and shareholder issues. Read More

  • BrokerCheck Expungements

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    BrokerCheck Expungements

    The CRD is a registration and licensing system that contains disclosure and administrative information on brokerage firms, as well as individuals who dispense investing and financial advice. Read More

  • Employment Litigation

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    Employment Litigation

    Not surprisingly, the financial securities industry is a hotbed for employment litigation.  Brokerage firms routinely use the FINRA arbitration process to sue former employees who have defaulted on promissory notes. Read More

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