Financial fraud litigation often begins when inaccurate financial statements, manipulated earnings, or misleading disclosures come to light during year-end reporting and audit cycles. December brings heightened scrutiny as companies finalize annual results, auditors issue opinions, and lenders review financial covenants. When discrepancies arise, claims may arise under fraud, negligent misrepresentation, or...
Climate-Driven Claims in Commercial Real Estate: Flood, Mold, and Rising Insurance Disputes
Extreme weather is driving a surge in commercial property losses, including flooding, mold, water intrusion, business interruption, and structural damage. As claims rise, many property owners face unexpected coverage disputes with insurers over exclusions, deductibles, causation, and the scope of repairs. These conflicts often involve complex policy interpretation and highly technical...
Earn-Out Litigation After an M&A Deal Goes Sideways: Key Strategies for Buyers and Sellers
Earn-outs are often used to bridge valuation gaps in M&A deals, but they also create fertile ground for disputes. When performance metrics fall short or one side believes the other interfered with the result, buyers and sellers may end up litigating how the earn-out should be calculated or enforced. Most conflicts...
Specific Performance vs. Money Damages: Enforcing Commercial Real Estate Contracts in Court
Commercial real estate transactions often involve complex agreements, sizable investments, and high stakes. When one party breaches a contract, the non-breaching party can pursue specific performance or seek monetary damages to resolve the dispute. These two legal remedies represent different approaches to enforcing an agreement, each with its own advantages and...
Emergency TROs in Commercial Disputes: Freezing Assets Before They Vanish
In times of economic uncertainty, businesses often face the risk of asset dissipation during disputes. An Emergency Temporary Restraining Order (TRO) serves as a critical legal tool to prevent such actions, ensuring that assets remain intact pending litigation. An Emergency TRO can freeze assets, such as bank accounts or property, to prevent...
Understanding the Stages of Commercial Litigation in New York City
Despite your best efforts to avoid a lawsuit, you and your Manhattan business are now embroiled in litigation. Although settlement of the suit is always a possibility, the fact is that you should always prepare in case negotiations fall through and a trial is unavoidable. What should you expect from the process...
Trends in Fraud Claims in Commercial Litigation
Fraud infects every aspect of the business world, often leading to lawsuits which are designed to redress the wrong. While fraudulent claims in commercial litigation are certainly not new, nearly every news article on the subject reports a notable uptick across multiple fronts. As this trend continues, both plaintiffs and defendants will...
What Is the Difference Between Corporate and Commercial Law?
Although the terms “corporate law” and “commercial law” are sometimes used interchangeably, there are actually important differences between them. Understanding the distinctions can help you get the appropriate legal advice and representation, whether your organization has transactional or litigation needs.
Manhattan business law is complicated, both in the corporate...
Uniform Commercial Code – What Is It?
The Uniform Commercial Code (UCC) is a comprehensive set of laws and standards that are designed to provide a legal framework for commercial transactions in the United States. Sometimes called the backbone of American commerce, the UCC has been adopted in some form by every state and allows businesses to conduct their...
Regulatory Non-Compliance Bank Litigation
Banks are subject to a number of complex regulations designed to protect consumers and help ensure economic stability. Non-compliance can trigger potentially costly litigation that may result in penalties and legal damages along with secondary effects such as reduced profitability and lost market position. In the event your bank is named as...