Prosecuting and defending the full range of business disputes for today’s complex business environment.
Our trial and appellate team begins by understanding our clients’ objectives. Then we develop an effective strategy to position a case for trial and to achieve the desired outcome. Our litigation capabilities are broad and our clients are diverse, including business entrepreneurs, real estate developers, lending institutions and public and private companies.
Our litigation experience encompasses prosecuting and defending the full range of business disputes including:
- Antitrust & Non-Compete Disputes
- Business Torts
- Civil RICO
- Contractual Disputes
- Corporate Governance Disputes
- Fiduciary Duty Claims
- Lender Liability
- Oil & Gas Litigation
- Partnership & Corporate Disputes
- Securities Fraud
- Shareholder & Derivative Suits
- Intellctual Property, Trade Secrets & Trademark Disputes
Recent Business Litigation Representative Matters
- Developed and presented a legal training curriculum for the purchasing group of a carbon black manufacturer, focusing on “best practices” in procurement and the “must have” provisions for clients’ services agreements, sales agreements, and terms and conditions.
- Represented commercial lender in lawsuit brought by a borrower relating to an allegedly defective mobile home. The lender was dismissed from the lawsuit after BoyarMiller identified and successfully moved to enforce an indemnity agreement between the lender and the mobile home manufacturer.
- Developed, on behalf of financial institution, a strategic roadmap for handling borrowers’ requests for information in compliance with the Real Estate Settlement Procedures Act (“RESPA”) and other applicable law.
- Represented manufacturer of personal protective equipment in a breach of contract dispute with its client, an oilfield services company, over a large amount owed under the parties’ Supplier Agreement. BoyarMiller developed and substantiated an aggressive damages model, managed a successful mediation, and obtained a favorable settlement payment for its client.
- Obtained judgment of more than $9 million on behalf of entrepreneurs related to the sale of their valve company to a New York-based private equity firm. After the sale, the buyer asserted indemnification claims against the entrepreneurs based on pre-sale representations allegedly made by the entrepreneurs. In doing so, the buyer sought to avoid paying the bulk of the purchase price for the entrepreneurs’ company. On competing summary judgment motions, the New York Supreme Court – Commercial Division rejected the buyer’s claims (including claims for fraud, breach of contract, indemnification, and set-off) and granted the entrepreneurs’ affirmative claims for breach of the various promissory notes at issue. The New York Court also awarded attorney’s fees to the entrepreneurs.
Litigation Group Contact
- Firm Chairman
- E-mail Chris