Recognized by our client Toll Brothers as a 2008 Go-To Law Firm for Litigation in the 5th annual edition of Corporate Counsel magazine's In-House Law Departments at the Top 500 Companies Guide.
Despite the best intentions, disputes arise that can be resolved only through the intervention of the courts or other third-party dispute resolution processes. Flaster/Greenberg handles a wide range of business-related litigation, from employment-based claims to complex contractual disputes. We understand the risks and costs associated with litigation and seek to minimize the collateral effects on our clients while vigorously protecting and advancing their interests. Our goal in litigation is to achieve results consistent with the business goals of our clients, rather than allow the litigation process to take on a life of its own.
Members of Flaster/Greenberg's litigation practice group are trial attorneys with experience in handling all types and sizes of commercial disputes, including basic contract disputes; fraud and other business torts; shareholder and partnership disputes; real estate, land use and construction litigation; employment claims, including those involving restrictive covenants in employment agreements; insurance benefits claims; environmental litigation; injunctive relief; and appellate practice. In addition, Flaster/Greenberg's litigation attorneys are experienced with using arbitration, mediation and other alternative dispute resolution techniques and devices to solve commercial disputes quickly and cost-efficiently.
Contracts
The use of thoughtful, well-crafted contracts greatly reduces the incidence of litigation, and Flaster/Greenberg's business attorneys are experienced in drafting written contracts to accomplish that goal. Our experience in negotiating and drafting business contracts of all kinds, from employment contracts to merger agreements, also gives us useful insight when the interpretation or meaning of a business contract is in dispute. When differences arise, however, our litigation attorneys are also adept at understanding and interpreting business contracts to assure that the interests of our clients are protected. Flaster/Greenberg's litigation attorneys have experience in and are capable of handling any type of contract dispute from the simplest two party agreement to the most complex multi-party contract.
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Shareholder and Partner Disputes
Like the relationship between husband and wife, business partnerships can sour for a variety of reasons-personal and business goals change, the business experiences an unexpected windfall or setback, or the partners find themselves unable to agree on strategy. Our many years of experience structuring such partnerships help us to understand the position of the parties and thereby represent our clients more effectively. Flaster/Greenberg's litigation attorneys help our clients understand and evaluate the true business interests at stake in the dispute and to separate them from the strong emotional and personal issues which often accompany disputes involving owners of closely held businesses and which can cloud the best business person's judgment. In that way, we help our clients focus on the important issues in the dispute in order to get the best result.
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Real Estate and Land Use
Real estate and land use disputes cover a broad range of problems, including landlord-tenant disputes, zoning and planning board disputes, title defects and easement and management conflicts. Flaster/Greenberg's attorneys translate a wide range of experience with all facets of the real estate and construction industries into practical assistance and resolution for an individual dispute. In addition to their own expertise litigating real estate disputes, Flaster/Greenberg's litigation attorneys are able to draw upon the technical expertise of one of the region's premier real estate departments to help guarantee a successful resolution of our clients' real estate and land use problems.
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Construction Litigation
When alternative dispute resolution is not possible, there may be no choice but to proceed to take matters to the state and federal courts of competent jurisdiction. For decades our Construction Litigation attorneys have handled disputes involving bid challenges, professional malpractice, construction defects, payment disputes, lien law application and enforcement, delay damage claims, mold claims, work-site injury claims, product defects, negligence, breach of warranty, contract, fraud and consumer fraud act claims. Our attorneys have successfully defended and prosecuted such claims through trial and through the appellate process.
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Employment
The workplace can give rise to a wide range of legal disputes, including wrongful discharge, harassment, and discrimination claims. We have extensive experience handling and resolving these claims for business and individual clients. Flaster/Greenberg's labor and employment attorneys also counsel businesses and individuals on issues of labor and employment policies and procedures, employee benefits, employment manuals, personnel policies and claims avoidance techniques.
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Environmental
Litigation over environmental, safety, and health issues often arises in the context of governmental cost recovery claims, agency enforcement and penalty actions, citizens' suits to enforce federal and state statutes, environmental remediation and liability disputes, toxic tort cases and class actions, insurance coverage claims, and challenges to environmental permits and proposed regulations. We have significant experience representing clients in environmental lawsuits in both federal and state courts, including appellate courts, and in proceedings before administrative agency tribunals. Our experience includes Superfund (CERCLA), RCRA and New Jersey Spill Act actions, Natural Resource Damage (NRD) claims, ISRA and underground storage tank issues, as well as water, hazardous waste, solid waste and air permitting issues.
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ERISA Litigation
Another major aspect of the firm's employee benefits practice is benefits litigation. Our litigation attorneys have substantial expertise and experience litigating disputes that involve employee benefits issues, including claims under the Employee Retirement Income Security Act ("ERISA"). Our ERISA Litigation attorneys have represented companies and individuals in all types of employee benefits disputes, from individual claims for long term disability, severance, medical, and death benefits, to the most complex, high-exposure claims involving ERISA plans. Among their accomplishments, our attorneys helped a Fortune 100 client arrive at a favorable settlement in an amount in excess of $20 million in a dispute with another Fortune 100 corporation concerning the funding of an ERISA plan following our client's acquisition of a number of business units from the other company. Our attorneys are able to achieve such results in these complex suits by combining substantive knowledge of employee benefits law (and the overlapping fields of labor, employment, securities, health care, and insurance law) with the talents of skilled trial lawyers.
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Securities
Our attorneys are experienced in both defending and prosecuting all types of investor claims against stock brokers and investment advisors and in defending securities fraud claims against corporations and their officers and directors. Working together with their corporate and securities lawyer colleagues, Flaster/Greenberg's litigators are able to quickly understand the legal and business issues involved in the case and thereby work toward a successful, cost efficient and expeditious resolution of the dispute. In addition, our litigation attorneys are experienced in defending class actions, derivative actions and other forms of complex litigation involving claims of securities fraud and other allegations of violations of the securities laws.
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Restrictive Covenants
We have extensive experience in the negotiation and structuring of restrictive covenants, as well as in litigating the scope and enforceability of such covenants on behalf of our business and individual clients when disputes arise. We understand the tension inherent in restrictive covenants: on one hand, an employer has legitimate proprietary rights in its trade secrets, confidential information, goodwill and other intangible assets; on the other hand, employees should not be unduly restricted in the marketplace for labor. Balancing these conflicting interests, and understanding how the balance may be changed in different situations, is the key to protecting the interests of our clients.
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Insurance Benefits
Attorneys at Flaster/Greenberg handle a variety of claims over insurance benefits, including health care benefits (for both providers and patients) and benefits payable under private disability plans. By choice, we do not represent insurance carriers with regard to claims brought under insurance policies, so we are able to represent our clients who have disputes with their insurers vigorously.
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Intellectual Property
Litigation can be complex, daunting and costly to all parties involved. At Flaster/Greenberg, attorneys in our Intellectual Property (IP) Practice focus on simplifying the process of intellectual property litigation and approach such disputes from the outset as a partnership with our clients dedicated to best serving the client's business objectives. With frequent consultations involving strategy, substantive issues and budgeting, our Intellectual Property litigators continuously strive to achieve the client's goals while keeping the client well-informed and involved in the process.
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Injunctive Relief
Once begun, litigation can drag on for years. In some emergency situations, however, courts will permit a party to obtain immediate relief in the form of an injunction or other remedy. Our lawyers are experienced at applying for such immediate relief, as well as contesting the applications of adverse parties. Such situations require a law firm that is big enough and quick enough on its feet to get the job done promptly as well as correctly, and Flaster/Greenberg's litigation group fits that bill.
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Appellate Representation
Decisions made by trial courts are often appealed to higher courts. Whether Flaster/Greenberg or another firm handled the lower court proceedings, we can offer experienced assistance representing clients through the complexities of the appeals process. Our lawyers are admitted to practice in the appellate courts of the state and federal court systems of New Jersey, Pennsylvania, New York and several other states, including the United States Supreme Court. Appellate representation requires a much more focused and in-depth analysis of a narrower range of issues than trial court practice, and Flaster/Greenberg's attorneys have the sophisticated expertise required for successful appellate representation.
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Alternative Dispute Resolution
The judicial system is far from perfect---among other things, litigation in the courts is far more time consuming and expensive than it would be in an ideal world. Where practical and appropriate, our lawyers take advantage of alternative procedures for resolving disputes, including arbitration and mediation. We recognize, however, that no system works best for all situations. We reject the one-size-fits-all approach, and instead seek to resolve disputes in the forum best suited to achieve the goals of our clients. In addition, many of our lawyers are certified to serve as mediators or arbitrators.
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