Commercial Litigation

MSS represents banks, mortgage firms, private equity funds, trading firms, investment funds, broker-dealers and other financial institutions in litigation and arbitration in various venues. Our experienced lawyers draw on the firm’s knowledge of the financial services industry and its products, including matters related to collateralized debt obligations, credit practices, debt and equity investments and asset securitization.

Our practice involves much more than litigation. We also assist clients in pre-suit activities, such as internal investigations, development of internal company procedures and advice about avoidance of litigation risk. Our lawyers collaborate closely with the firm’s interdisciplinary team of corporate and regulatory lawyers, including former government attorneys, who have experience advising financial institutions on related regulatory and enforcement matters.

Our attorneys frequently litigate disputes involving commercial real estate, including office buildings, hotels, cooperative and condominium apartment buildings and industrial space. Counsel from our Real Estate Group work closely with our litigators to frame proper action plans and ensure that all angles of the dispute have been considered. Our clients include builders, developers, owners, real estate investment trusts (REITs), commercial landlords and tenants, management companies, institutional investors, contractors, lenders and sponsors of cooperative and condominium plans.

Whether the litigation pertains to acquisition, financing, construction, management, leasing, sale or other aspects of real estate ventures, our lawyers have successfully prosecuted and defended all types of commercial real estate litigations. Our commercial real estate litigation practice also focuses on prosecuting and defending claims of lender liability against financial institutions, trustees of commercial mortgage-backed securities and loan servicers. We have unique experience representing property owners in litigations involving J-51 property tax exemptions and abatements and claims relating to rent overcharges and the rent-stabilized status of buildings.

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The Commercial Litigation Group has extensive experience with “corporate divorces,” derivative actions, corporate dissolution proceedings, fair value determinations, receivership and other disputes between co-owners of closely held business entities, including limited liability companies, general partnerships, limited partnerships and business corporations. Such matters often include claims of breach of fiduciary duty, minority oppression or freeze out, breach of the governing agreement, failure to provide access to corporate books and records, dissipation of assets and indemnification.

Our attorneys regularly prosecute and defend litigations across the country related to intellectual property and technology, including actions focused on patents, trade secrets, trademarks, copyrights and rights of publicity and privacy. We handle IP cases related to varied subject matter such as software, telecommunications, IP-centric commercial disputes, databases, technical know-how, apparel, pharmaceuticals, music, literary works (such as books and other digital assets), television, and film.

While many of our cases are in federal court, we also are active in state court actions in New York, California, New Jersey, Connecticut and Massachusetts, as well as in other states, with assistance if necessary from our network of local-counsel firms. Our approach to litigation is always practical. We strive to strike the proper balance between aggressiveness in the courtroom and a realistic, seasoned sense of when and how to alternatively steer cases to produce a successful, business-minded outcome.

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Attorneys in the Commercial Litigation Group defend employment law litigations, including individual and class actions related to wage and hour practices, misclassification, discrimination, harassment, wrongful-discharge claims, family and medical leave claims and whistleblower claims, in addition to prosecuting and defending non-compete/restrictive covenant claims. We litigate practically, but aggressively, and regularly represent clients in state and federal courts across the country.

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MSS’s bankruptcy litigation practice focuses on the representation of creditors, purchasers, and third party defendants in all aspects of bankruptcy cases, including lift-stay and bad faith dismissal motions, plan confirmation disputes, relief from stay, Section 363 sales, claw back and avoidance actions and dismissal and conversions. Our bankruptcy litigation clients have included lead secured creditors, unsecured creditors, administrative creditors, critical vendors, asset purchasers and plaintiffs and defendants in bankruptcy adversary proceedings.

MSS represents clients in cross-border disputes, including international arbitrations, foreign asset recovery, international banking and investment disputes and multi-jurisdictional litigation. In addition, MSS attorneys participate as members in prominent international legal organizations, including the International Association of Defense Counsel and Consulegis. MSS’s membership in these organizations provides MSS and its clients with strong relationships, connections and knowledge throughout all major international marketplaces and legal arenas.