Commercial Litigation

Attorneys are frequently provided access to sensitive information in the course of representing their clients. When a Fortune 500 manufacturer was sued by its former General Counsel, it chose Mandell Menkes to serve as its defense attorneys. Given the plaintiff’s background, it was essential that the litigation remain focused on the claims asserted and not deteriorate into mudslinging.

After Mandell Menkes narrowed the scope of the case through motion practice, the parties readied themselves for trial on a handful of discrete issues. The plaintiff claimed that the corporation disseminated allegedly “inside” information to him during his separation, thereby preventing him from selling stock included in his separation package to his detriment. Despite the temptation to settle the case and avoid the spectacle of a trial, the corporation remained confident it had done nothing wrong.

The jury vindicated that confidence following trial with a unanimous not guilty verdict, agreeing with the defense that the information did not qualify as “inside” information. Mandell Menkes litigators helped achieve this result by partnering with its client soon after the filing of the case and developing a roadmap through discovery to avoid many of the hazards the case presented.

Mandell Menkes attorneys have litigated disputes between businesses in federal and state courts across the country in areas such as Information Technology Litigation, Class Action Defense and Director’s and Officer’s Liability. We have also handled a broad range of other disputes. Our attorneys have represented financial institutions, media companies, computer hardware and software manufacturers, insurance companies and other businesses, ranging from entrepreneurial start-ups to Fortune 500 companies. In commercial cases, we have served both plaintiffs and defendants. We have represented companies in every type of dispute that typically arises in the course of business, including matters arising under loan agreements, computer sale and lease agreements, equipment leases, computer software design agreements, licensing agreements, construction contracts, real estate purchase agreements and commercial leases, and service agreements. Mandell Menkes litigators have extensive experience with prosecuting and defending against business torts, such as tortious interference with contract, unfair competition and negligent employment. We are also regularly involved in disputes concerning antitrust, lender liability claims, claims of fraud and deceptive business practices, breaches of confidentiality and defamation. We prosecute and defend commercial suits that seek damages for breach of contract, specific performance of contractual obligations, injunctive relief, and extra-contractual damages under a variety of common law and statutory theories.

For our insurance company clients, we also handle coverage and regulatory matters and disputes and litigation with other insurers over allegedly improper replacement activities and use of customer lists and other trade secrets.