Commercial Litigation Successes
We recently obtained excellent results for two very different businesses in two very different forums: the New York Supreme Court and the Better Business Bureau. These results underscore the versatility and scope of our commercial litigation expertise.
Order Defeating Injunction – In April 2016, on behalf of a business engaged in the consumer electronics industry, we obtained an order from the New York Supreme Court denying a competitor’s motion for a preliminary injunction and setting aside the Court’s prior decision preventing our client from selling a competing product. The key to this success was obtaining an understanding the client’s business so we could explain to the Court how granting the competitor’s request would not protect trade secrets, but would instead shield the competitor from fair competition. Because of this result, our client is no longer prevented from marketing and selling its product and will soon be pursuing a claim for damages against the competitor for the revenue lost while the restraints were in effect.
Arbitration Award Dismissing Consumer Complaint – Defending consumer claims, which are often arbitrated in pro-consumer settings, can be difficult. We counter such bias by educating arbitrators on the subject in dispute and showing how sound and fair business practices were followed. In May 2016, we used this approach for a client in the automotive industry and secured a victory before the Better Business Bureau. Our client had faced previous claims before the BBB and lost each time. This time, the client partnered with us and focused on issues that may not have been legally significant, but which addressed the common/practical concerns of Judges and Arbitrators: fair business dealings in handling the consumer dispute. The result was the dismissal of the consumer’s entire claim for a fraction of the costs it would have incurred had the ruling been unfavorable.