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Litigation

Litigation

Litigation is the backstop of all legal matters. Our Litigation Team is comprised of successful and aggressive advocates with experience in a wide range of subject matters. Our Firm appears regularly in federal, state, and municipal courts, as well as arbitration and mediation hearings. We represent our clients at trial, and continue to advocate on their behalf at all levels of appeal. Our attorneys have argued matters across all areas of civil law, including first amendment, real estate, title and lien issues, employment discrimination, personal injury, matrimonial and domestic relations, contract disputes, and a variety of municipal court matters.

Conscientious Advocacy Protocol TM

In order to best champion our client’s rights, we engage in our own unique form of “preventive lawyering” we call the Conscientious Advocacy Protocol, which recognizes at the outset that many times a court is not the best forum for resolving a dispute. At the same time, through every step in the pre-litigation efforts to resolve a case, it is critical to lay the best possible groundwork to support the client’s position should negotiations fail. Even then, before we recommend proceeding with a litigation, we meet with the clients to evaluate in detail the relevant and provable facts, and discuss any available alternative methods of resolving the dispute. If there are no alternatives, we work with our clients to place them in the best possible position to pursue or defend the litigation. By developing a clear understanding of both the client and the dispute at the outset, we are able to tailor custom strategies with a high success to cost ratio, always reviewing each stage of the matter with the client to allow them to make the best possible decisions.

Representation & Advocacy

The Conscientious Advocacy Protocol also dictates that all attorneys bring a high degree of empathy to their analyses, always remembering to view the case legally, emotionally, and economically, from the client’s perspective. This allows us to approach each litigation matter with an understanding of and sensitivity to the importance that the matter has for the client. Our objective is not only to meet the client’s goals, but to regularly engage the client and ensure client satisfaction throughout the litigation process.

We have found that maintaining an open and responsive communication flow between our Litigation Teams and our clients allows for not only a high success rate, but a much higher rate of client satisfaction, retention, and referrals.

Business Litigation

Business Litigation encompasses any dispute that a business owner may face, including enforcing and terminating contracts, employee termination and discrimination matters, leasing issues, defending property interests, and enforcing the rights of owners against other owners in directing the course of a business or terminating a business. Our business litigation clients are particularly well served by the interaction of our litigators with our business planning attorneys. By leveraging the talents of our attorneys in both departments, we develop a thorough understanding of the underlying substantive issues in a dispute. We couple this understanding with our years of experience to develop winning strategies for our clients.

When representing a business client, we strive to think like business owners. This philosophy permeates our recommendations. We recognize that immediacy and cost are central factors in deciding how to proceed. We practice “preventive lawyering” by urging clients to meet with us before making key business decisions such as creating a standard form contracts, entering into a lease, or hiring a key employee. By highlighting ambiguous language, identifying possible future areas of disagreement, and assisting the business client in thinking through the consequences of a decision, litigation may be avoided altogether.

Municipal Courts

Our Municipal Court practice involves defending clients for disorderly conduct and motor vehicle offenses. Our attorneys regularly appear in municipal courts across the state. As one of our shareholders is a former Municipal Court Judge, Parsippany-Troy Hills (1995), our clients consistently benefit from our familiarity with the processes and procedures of municipal court.

Below are some of the most common charges we routinely handle on behalf of our clients in Municipal Court:

  • Assault
  • Code Violations
  • Disorderly Persons
  • DUI/DWI
  • Driving While Revoked/Suspended
  • Driving Without Insurance
  • Drug Possession
  • Expungements
  • Harassment
  • Motor Vehicle Violations
  • Municipal Court Appeals

Personal Injury

Our experienced attorneys are able to help injured clients receive just compensation for the damages they have suffered. Because of our familiarity with personal injury law, we are able to suggest appropriate levels of damages and seek expedient recovery of those amounts. Our veteran attorneys are able to direct our clients through the settlement process so that a client can clearly document the injuries he or she has received to justify his or her compensation. Of course, where a settlement cannot be reached, our attorneys are ready and able to go to court to argue on our clients’ behalf.

In situations where our client’s recovery is subject to government, medical, or insurance carrier liens, our sophisticated attorneys are often able to argue for and obtain reductions from the lienholders in order to maximize the benefits paid to the client.

Our personal injury attorneys have most recently pursued the following types of cases for our clients:

  • Auto Accidents
  • Dog Bites
  • Medical Malpractice
  • Slip and Fall

Real Estate Litigation

  • Commercial Lease Disputes
  • Consumer Fraud Act (Home Improvement Contractor) Claims
  • Insurance Coverage
  • Lien Validity and Priority Disputes
  • Municipality Issues and Disputes
  • Partition and Sale Matters
  • Tax Appeals
  • Title and Ownership Rights, Easements, Boundary Lines, Adverse Possession and Other Disputes
  • Zoning and Planning Matters

Some of Our Practice Areas

Below is a sampling of some of the many types of litigation our teams engage in:

  • Appellate Matters
  • Bankruptcy
  • Breach of Contract
  • Business Litigation
  • Complex Commercial Disputes
  • Consumer Fraud Act Claims
  • Employment and Wrongful Termination Disputes
  • Estate, Trust and Probate Disputes
  • Expungements
  • General Liability
  • Insurance Coverage Claims – Environmental, Subrogation, and Property Damage Disputes
  • Intellectual Property Infringement Disputes
  • Joint Venture Disputes
  • Municipal Court
  • Personal Injury
  • Professional (Legal, Accounting) Malpractice
  • Qui Tam (False Claims Act) Litigation
  • Real Estate Litigation
  • Shareholder, Member, and Partnership Disputes
  • Trade Secrets, Non-Competition, Non-Solicitation, and Confidentiality Disputes

If you have questions regarding any litigation matter or dispute, please contact Alan S. Golub, who manages our entire Litigation Practice.


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