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Litigation is an unfortunate and expensive reality of modern business life. It is no longer a question of whether a business will be involved in litigation; it is now simply a question of when or how often. As a result, litigation must ultimately be treated as a business transaction. Accordingly, our business litigation attorneys are committed to providing long-term results by not only striving to achieve a successful and cost-effective outcome for the client's immediate case, but also giving advice on avoiding future litigation.

Reish Luftman Reicher & Cohen has a diverse litigation practice, which focuses on "partnering" cases with clients. We work closely with our clients in order to obtain the best outcome at the lowest cost. We keep clients completely informed and fully involved in all the important decision-making functions related to their litigation.

We specialize in representing closely-held, middle-market businesses with revenues of $5 million to $200 million and their owners. Closely-held businesses face unique challenges, since the objectives of the company and owner are closely aligned. Many of the business and legal issues require an in-depth knowledge of the business and people involved. Consequently, communication between the owner and his or her counsel is essential.

Our business litigation attorneys approach litigation from a business perspective. As such, we address litigation based on a cost-benefit analysis. We give every consideration to alternative dispute resolution techniques and settlement where appropriate without compromising the aggressive representation of the client's position.

The five basic principles we adhere to in the representation of our clients are:

Commitment
We are dedicated to understanding the needs of our clients and serving those needs responsibly. That starts with listening to our clients. It proceeds to analyzing the particular situation thoroughly, exploring the range of potential alternatives and explaining the matter fully in language that can be clearly understood regardless of the legal complexities. We want our clients to be aware and involved and to know we are focused on, and committed to, their best interests.

Partnering
We keep our clients fully informed about the status of their cases and discuss in advance the decisions which have to be made and the anticipated costs and expected benefits related to each decision. The decision to proceed with the course of action is then made jointly. At the initiation of each case, we develop an overview of the litigation with the client's participation, setting forth the logical progression of the action and describing likely events such as motions and discovery.

Experience
Each of our business litigation partners has at least fifteen years of practical experience. Our attorneys' combined technical knowledge and practical experience enables us to represent clients effectively and efficiently in a wide variety of business litigation matters.

Fairness of Fees
Our rates are fair and reflect a reasonable charge for each professional's level of experience and particular expertise. We do not overstaff cases. We endeavor to assign specific tasks to the person with the lowest effective billing rate who is competent to handle it. In addition, we provide clients with the information they need to participate in directing the case and controlling the cost of the litigation. Furthermore, we have been very successful at resolving cases through motions when such motions are appropriate and cost-effective. We also examine the feasibility of settlement or alternative dispute resolution at the outset and throughout the litigation.

Integrity
We pride ourselves on being direct and candid with our clients. We examine all aspects of each client's case including the economic ramifications of the litigation. We inform our clients completely, honestly and directly-whether the news is positive or negative-so that they are fully informed and can make intelligent decisions about their case. All matters are treated with the utmost discretion and confidence.

Our business litigation practice focuses on the following five major areas:

    General Business
  • Contractual disputes
  • Corporate and partnership disputes
  • Business torts including fraud and misrepresentation
  • Unfair competition, trade secrets, and trademark and copyright infringement

    Employment Law/Employee Relations
  • Wrongful termination
  • Sexual harassment
  • Discrimination based on age, gender, sexual preference, or national origin
  • Americans With Disabilities Act
  • Reduction in work force matters
    Real Estate
  • Transactional disputes
  • Specific performance actions
  • Lis pendens and expungement proceedings
  • Title, boundary line, encroachments, easement and prescriptive rights
  • Judicial foreclosure and deficiency judgement
  • Commercial leasing
  • Construction

    Probate, Trusts and Estates
  • Will contests
  • Trust litigation

    ERISA

  • Title I - plan benefit and fiduciary breach litigation
  • Title II - tax litigation
  • Title IV - plan termination
  • Negotiations and litigation with DOL, IRS and PBGC
Representative Cases

The following are examples of how our business litigation attorneys have helped clients:

  • Prosecuted and defended multiple breach of contract actions ranging from simple actions for failure to pay on promissory notes to complex disputes for breach of partnership agreement, business frauds and accounting.

  • Defended multiple sexual harassment/discrimination/wrongful termination claims both during government investigation phase and civil litigation.

  • Prosecuted ERISA quasi-class action on behalf of rank and file employees against employer for breach of fiduciary duty in regard to imprudent plan investments.

  • Defended real estate partnerships and management companies against claims of dissenting limited partner's breach of fiduciary duty and fraud claims.

  • Prosecuted and defended unfair business practices and RICO industry action against employer's former sales team that secretly set up a competing manufacturing and sales network while still employed.

  • Prosecuted and defended buyers and sellers of businesses on claims for beach of contract or fraud.

  • Defended a large manufacturer against claims of breach of distributor agreement, bad faith and unfair competition.

  • Prosecuted and defended actions for trademark infringement, false designation of origin and unfair competition.

  • Prosecuted and defended actions on behalf of heirs and interested parties to set aside wills, trusts and/or inter vivos gifts.

  • Defended a financial institution and its directors in securities fraud action filed by dissident shareholder.

  • Prosecuted and defended real property breach of contract claim and specific performance claims, expungement of lis pendens motions, judicial foreclosures and deficiency judgment matters.

  • Prosecuted partition actions, and secured interlocutory order of partition and confirmation of sale without formal trial.

  • Prosecuted claims of a national manufacturer against former employees who set up a competing business by misappropriating proprietary formulas and other trade secrets.

  • Prosecuted and defended corporate and partnership dissolution actions , successfully litigating claims for breach of fiduciary duty, fraud, and the applicability of covenants not to compete and ownership rights.

  • Represented judgement creditors against judgement debtors and transferee on claim to set aside fraudulent conveyance of real property.

  • Represented purchaser of commercial strip mall against secured developer/seller on claim of breach of written contract and intentional misrepresentation.
For more information about the services of our Business Litigation practice, please contact INFO-RLRC@reish.com or phone (310) 478-5656.
     
 


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