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Commercial & Real Estate Litigation

Litigation is a distraction and diversion from any company’s business goals. Recognizing that fact, we analyze litigation and potential litigation with the swift, cost-effective and successful resolution in mind.  We approach every case with thorough preparation, the intention to try the case to verdict, thoughtful and creative problem-solving, and on-going communication with the client.

We are experienced with trials, arbitrations and mediations in a variety of forums including, state trial courts, state appellate courts, federal district courts, Federal Circuit Courts of Appeal, FINRA, New York Mercantile Exchange, Chicago Board Options Exchange, The Green Coffee Association and the Coffee, Sugar & Cocoa Exchange.

We have represented clients before regulatory agencies such as the United States Securities and Exchange Commission, the Federal Communications Commission, the United States and state Departments of Labor, the Commodities Futures Trading Commission, the New York Stock Exchange and FINRA.

Our representation extends beyond procedure, strategies and tactics to a complete understanding of how our representation fits with our clients’ business objectives, and is designed to protect their interests. We are totally cognizant of the immediate task, as well as the long term ramifications and business impact that litigation can have on an organization.

Representative Matters

Appellate Practice
Our experience includes matters in state and federal appellate courts in New York and Colorado. We prepare all litigated matters, including pre-trial motions, jury instructions, and legal argument by anticipating appeals and establishing positions for appeal.

Bankruptcy & Creditors’ Rights
We have represented commercial and consumer lenders, and other creditors in federal bankruptcy courts, including adversarial proceedings.

Broker/Dealer
The unique regulatory schemes that apply to the securities, commodities and futures industry call for experienced counsel when representation is required. We have handled matters representing investors, brokers, traders and firm before the NASD, FINRA, National Futures Association, NY Mercantile Exchange, Coffee, Sugar & Cocoa Exchange, the Green Coffee Association and other forums. Our experience includes a variety of claims involving control person liability, trading violations, suitability, fiduciary duty and employment disputes.

Civil Forfeiture
Our experience includes litigating the return of funds forfeited to the Government as ill-gotten gains of securities fraud. We successfully argued that the Government was bound by the original SEC claims which could not be re-litigated by the Department of Justice. The result was the return to our client of previously seized funds.

Commercial Contracts
We have represented a broad range of industries in complex litigation related to commercial agreements. Examples of litigated contract matters include letters of credit, delivery of commodities, sales of businesses, and trading agreements.

Corporate Litigation
Our litigation experience covers many substantive areas of business and corporate law.  We have litigated shareholder and partner disputes, corporate dissolutions, and governance issues.

Employment & Labor
We represent employers and executives who find themselves in employment disputes. Our experience includes Sarbanes-Oxley, whistleblower, hostile work environment and retaliation matters.

Insurance
We have experience representing insurance companies in claims, recoupment, subrogation and bad faith matters.

Real Estate
We have represented lenders, property owners and insurance companies in a variety of litigation from title disputes to mechanics liens to bankruptcies to representations and warranties disputes.  Our experience includes matters involving the Real Estate Settlement Procedures Act, the Truth In Lending Act and other statutes. We have brought enforcement proceedings such as foreclosures, suits on notes and suits on guarantees.

Regulatory Enforcement
Government investigations are not uncommon and, in light of the far-reaching Dodd-Frank Wall Street Reform and Consumer Financial Protection Act, they will continue for many years.  When the government calls, swift, decisive and responsive action is required to mitigate the cost, distractions and liability that can be detrimental to a company.  We have successfully handled matters for businesses and individuals brought by state and federal agencies.

Securities
Fred Van Remortel has defended and prosecuted securities cases concerning insider trading, Rule 10b-5, control person liability, and misrepresentation, among others. Our experience includes navigating the regulatory enforcement process as well as handling litigated matters.

Title
We have litigated hundreds of title litigation cases involving lien priorities, vesting issues, claim recoupment and defense.