Practice Areas & Industries: Cole, Schotz, Meisel, Forman & Leonard, P.A., A Professional Corporation

Practice/Industry Group Overview

The Litigation Department--Cole Schotz's largest practice group, with more than 40 lawyers--is one of the region's largest, most experienced and successful groups of commercial trial lawyers. We know when to put on the gloves, when to take them off, and how to get the best results for our clients in the competitive arena of litigation. We earned our reputation as aggressive, effective trial lawyers by achieving success in hundreds of trials in state and federal courts throughout New Jersey, New York and elsewhere.

Recognized for our extensive courtroom experience, our trial lawyers are equally valued by our clients for our business acumen and attention to litigation costs. Assessing each client's business objectives, we determine if it is advisale to pursue litigation aggressively or find a better, often more creative, solution. We frequently arbitrate or mediate as alternatives to litigation and are knowledgeable about the advantages and disadvantages of each approach to dispute resolution. We also counsel our clients on how to avoid litigation. First and foremost, our clients see us as problem solvers.

Our litigation practice encompasses a wide variety of commercial cases in such areas as shareholder/partnership/limited liability company disputes; directors & officers liability; business disputes; bankruptcy and reorganization; surety and insurance; real estate and construction; environmental; probate; employment and intellectual property. Because disputes often are industry-specific, we regularly work with attorneys in our other practice groups to help clients resolve problems affecting their businesses.

Services Available

Business Disputes

• Extensive trial and appellate experience in federal and state courts
• Resolve disputes concerning contracts, trade secrets, unfair competition, restrictive covenants, antitrust, trademark, copyright and patent infringements, securities fraud, corporate, partnership and limited liability company deadlock, shareholders derivative claims, employment/labor issues, probate and bankruptcy
• Prosecute and defend actions for temporary restraining orders, preliminary and permanent injunctions, declaratory judgment, specific performance and actions in lieu of prerogative writs

Construction Litigation

• Represent owners, developers, sureties, general contractors, suppliers, subcontractors, real estate brokers and design professionals
• Handle disputes arising under commercial leases, real estate foreclosures and tax appeals

Employment Litigation & Counseling

• Defend employers and insurance companies in employment lawsuits
• Represent plaintiffs involved in discrimination, harassment, wrongful discharge, Americans with Disabilities Act and related cases

Environmental Insurance Coverage Litigation

• Represent clients seeking to recover the costs of environmental remediation from other responsible parties and insurance carriers
• Defend claims by governmental agencies and private parties seeking to hold client liable for environmental damages

Federal, State & Bankruptcy Trials & Appeals

• Represent successful bidders in defending against challengers in federal and state courts in appeals on awards of public contracts, and represent unsuccessful bidders in such appeals

Intellectual Property & Computer Law

• Prosecute trademark and copyright registrations
• Counsel on infringement issues and trademark selection and clearance
• Maintain and protect intellectual property
• Dispute resolution, including litigation in the federal and state courts

Mediation & Arbitration

• Prosecute and defend claims in arbitrations before AAA, NASD, NYSE and private tribunals
• Represent clients in mediation proceedings
• Serve as mediators and arbitrators

Reorganization & Workouts

• Serve as general and special counsel for lenders, equipment lessors and other secured parties
• Possess extensive experience in commercial real estate foreclosures and rent receiver actions
• Foreclose security interests in personal property
• Employ special proceeding, such as reclamation, replevin and other actions to obtain possession of collateral and pursue deficiency claims against business debtors and guarantors

Special Education

• Represent students and parents in disputes involving receipt of special education and related services, including representation in administrative hearings, federal or state trial court and appellate revies
• Represent students and parents in disputes involving discipline
• Represent students and parents in matters involving discrimination, harassment, retaliation and reasonable accomodations under federal and state constitutions, Americans with Disabilities Act, Section 504 of the Rehabilitation Act and New Jersey Law Against Discrimination

Surety, Fidelity & Insurance

• Defend performance and payment bond and policy claims
• Pursue indemnity, subrogation and salvage actions
• Handle trials and appeals in state and federal courts; arbitrations and mediations
• Negotiate workouts on public and private projects

Tax Litigation

• Represent taxpayers in federal and state income, property and sales tax cases

Trusts & Estates

• Represent parties in lawsuits involving will contests, accountings and breaches of fiduciary obligations
• Handle guardianship proceedings