Cole Schotz P.C.

 

Litigation

OVERVIEW

One of the region’s largest, most experienced groups of commercial trial lawyers, our Litigation Department has achieved success in hundreds of trials in state and federal courts.  Throughout New Jersey, New York, Delaware, Maryland, Texas and Florida we are recognized as a “bet the company” litigation team.  We frequently arbitrate and mediate as alternatives to litigation.  We also counsel our clients on how to avoid litigation.  First and foremost, our clients see us as problem solvers.

Commercial / Business Litigation
We represent a diverse group of companies and individuals, from all industries, in business disputes in state and federal court litigation, through trial and appeal, as well as in mediation and arbitration.  Specifically, we represent and guide clients in shareholder, partner and member disputes; contract disputes, claims of unfair competition and tortious interference, claims of state and federal statutory violations, such as antitrust, trademark, copyright and patent infringement, racketeering (RICO), and claims of fraud, whether securities, lender, consumer or business fraud, as well as numerous other types of inter- and intra-company disputes.  We have vast experience in identifying, seeking and obtaining the necessary and proper legal and equitable relief and remedies required by our clients, including, but not limited to, temporary restraining orders, preliminary and permanent injunctions, declaratory judgments, specific performance and monetary damages.

Construction and Real Estate Litigation
We represent all sides of the construction and real estate industry in and out of court in connection with their disputes.  Specifically, our clients include public and private property owners, developers, sureties, general contractors, subcontractors, suppliers, design professionals and real estate brokers.  We have litigated matters involving purchase and/or sale transaction disputes, construction and design defects, lender liability, fraud, lease interpretation, commercial foreclosures, guarantees, construction and mechanic’s lien enforcement, payment and performance bond claims, bid protests, actions in lieu of prerogative writs and real estate tax appeals.

Employment Litigation
We represent both employers and individual plaintiffs, in all types of employment-related disputes in and out of court, administrative proceedings and arbitration.  Specifically, we represent clients pursuing, and defending against, statutory and common law claims of unfair competition, misappropriation of trade secrets, violation of restrictive covenants, wrongful discharge, discrimination and harassment on the basis of sex, religion, race, age and sexual orientation, among other protected classes of individuals.

Personal Injury, Products Liability, Medical Malpractice and Professional Malpractice Litigation
We represent both individuals and professionals, as plaintiffs and defendants, in personal injury and professional negligence matters, including, but not limited to, automobile negligence cases, medical malpractice claims and slip-and-fall cases resulting in serious injury, accounting and other professional and attorney malpractice cases. In particular, we have represented hospitals in professional, nursing and general liability matters; attorneys, accountants, architects and engineers in professional negligence matters; self-insured businesses in their general liability matters; health care professionals in professional negligence cases and before state boards; manufacturers and distributors in products liability cases; as well as individuals who have been injured due to medical malpractice, negligence or defective products.

Insolvency/Bankruptcy Litigation
In conjunction with and in support of our Bankruptcy Department, our litigators represent our clients in the Bankruptcy Court on a wide variety of litigation issues, including, but not limited to, claims involving the validity, priority, avoidance and recharacterization of liens; preference and fraudulent conveyance claims; fiduciary duty breaches by directors and officers of distressed companies; constructive trust and alter ego / veil piercing claims; and in objecting to creditor claims.

Trusts & Estates Litigation
In conjunction with and in support of our Trusts & Estates Department, our litigators represent our clients in a wide variety of trust and estate litigation, including, but not limited to, will contests, probate disputes, undue influence claims, guardianship petitions and proceedings, and fiduciary accountings and breaches of fiduciary duties.

White Collar Litigation & Investigations
We represent and defend individuals accused of business-related crimes such as bribery, mail and wire fraud, securities fraud and tax fraud in connection with grand jury investigations and criminal trials.  We also assist companies in investigating the suspected theft, bribery, embezzlement of officers and employees, and in internal ethics investigations and executive conflict determinations.

Insurance Claims and Litigation
We represent our clients, both insureds and insurers, in the pursuit of and in defense of insurance policy claims, as well as in indemnity, subrogation, coverage and salvage actions.

 

PROFESSIONALS

Department Chairs

Attorneys

NEWS

News

Pabst Wants Out Of $4.8M Baltimore Superfund Cleanup Suit

As published in: Law360 February 24, 2021

Celebrating Diversity, Equality and Inclusion

As published in: Commerce and Industry Association of New Jersey Magazine February 2021

This NJ Firm Is Becoming an Am Law 200 Mainstay

As published in: New Jersey Law Journal May 19, 2020

New Partners Yearbook 2020

As published in: New Jersey Law Journal March 5, 2020

On The Move: Cole Schotz

As published in: New Jersey Law Journal January 22, 2020

Genesco acquires Togast; Enters new US licensed agreement

As published in: Fibre2Fashion January 3, 2020

Wake Up Call: Cole Schotz represented New York-based footwear licensee Togast LLC

As published in: Bloomberg Big Law Business January 3, 2020

Genesco Gains Footwear Sourcing Strength in Levi's Distributor Acquisition

As published in: Sourcing Journal December 19, 2019

New Jersey Firm Latest Sued by Houston Litigation Funder Over Unpaid Loans

As published in: Texas Lawyer November 20, 2019

EVENTS

Recent Events

Pro Bono Matters in the District of New Jersey - How to Become Involved and Why: Nuts and Bolts of Pro Bono Representation
Attorney Speaking: Eric S. LatzerDecember 14, 2020
New Jersey Basic CLE Marathon 2020
Attorney Speaking: Michael R. YellinOctober 20 - 21, 2020
Developments in Texas Anti-SLAPP Litigation
Attorney Speaking: James W. WalkerFebruary 28, 2020
New Jersey M&A Conference
Attorneys Speaking: Jennifer L. Horowitz and Jason R. MelzerOctober 29, 2019
New Jersey Next Generation Program
Attorney Speaking: Jason R. FinkelsteinOctober 11, 2018

PUBLICATIONS

Cole Schotz Expands Texas Footprint with Four-Person Litigation and IP Team- CityBiz

CityBizList April 10, 2019

Aaron D. Davidson, Timothy J. H. Craddock, Brian L. King and Gary R. Sorden
Out-of-State Deposition and Discovery in Texas

Today’s General Counsel Spring 2019 Issue

James W. Walker and Ian R. Phillips
ADA Case Law and Statutory Updates

Employment Law December 19, 2018

Scott J. Topolski
Rethinking ITAR

New York City Bar Association Aeronautics Newsletter March 2018

Remembering the Challenger: Engineering Failure and Legal Fallout

New York City Bar Association Aeronautics Newsletter February 2018

FAA Noise Regulations: Spurring Innovation in Supersonic Flight

New York City Bar Association Aeronautics Newsletter November 2017

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