In today’s complex and demanding business environment, where the outcome of a contract dispute can impact the survival of a company or business unit, business clients rely on Olshan’s Contract Litigation attorneys to resolve their high-stakes contract disputes both in and out of court.
Three of our partners literally “wrote the book” on contract litigation, the definitive New York Commercial Litigation Guide, which contains five chapters dedicated to the intricacies and subtleties of contract litigation.
Our Experience
Olshan’s litigators are experienced in prosecuting and defending breach of contract claims for clients in federal and state courts and in resolving disputes through arbitration, mediation and negotiated settlement. Every year, we successfully advise clients on and litigate numerous domestic and international contract disputes for clients in a variety of fields, including trading, finance, entertainment and media, technology, software, real estate, construction, sports, manufacturing, consulting, medical/dental, and biotechnology. We have won “bet the company” contract disputes at trial and excel at winning case dismissals and summary judgment motions, avoiding costly and time-consuming litigation.
Our litigators have successfully resolved contract disputes that have involved:
- Supply and supplier, including quality of goods and timeliness of delivery
- Manufacturing
- Construction
- Equipment and other leasing
- Real estate
- Licensing, including geographic limitations and performance
- Franchises
- Merchant and credit card processing
- Rights of first refusal
- Earn-out provisions
- Trading, including ISDA forms
- Software and gaming development
- Private securities transactions and Investments
- Shareholder Agreements
- Partnerships and LLCs
- Employment
- Nonsolicitation and noncompetition
- Commercial notes and debentures
- Bank and brokerage customers
- Implied agreements from the exchange of forms or delivery of invoices
Our Strategic Approach
We typically begin each engagement with an early case assessment, conducting a preliminary review of the contract, legal research and fact-gathering. Our lawyers are highly skilled in obtaining the information we need to resolve cases efficiently without causing undue interruption to our clients’ businesses. With our clients’ long-term business goals firmly in mind, our litigation attorneys provide clients with key advice on continuing their business operations while litigation is pending. In some cases, we may negotiate resolution and advise our client in mediation. However, if and when it’s necessary, we are well-prepared to litigate matters fully through trial and appeal.
Pre-Litigation Counsel and Risk Management
Given our extensive experience with contract litigation, often we provide pre-litigation risk assessments and review and advise on contracts or renewals as they are being negotiated to improve our clients’ contractual rights and minimize their exposure.
- Won a temporary restraining order in New York state court to block the imminent termination of a $50 million hotel franchise and prevent default on a $35 million mortgage.
- Won an injunction and a $44 million verdict for a breach of a manufacturing and supply contract in a three-week jury trial for a privately owned endodontic supply company.
- Won a complete and unanimous defense verdict for a publicly traded biotechnology client on claims arising from the acquisition of a foreign company after a two-week jury trial in which the plaintiff received nothing and the firm obtained a judgment against the plaintiff for a portion of its clients’ fees.
- Won a preliminary injunction and $9 million settlement for two investors and directors after a year of litigation.
- Won a decisive defense award for a bulge-bracket investment bank after a three-day arbitration involving a disputed agreement over a bond valued at $6 million.
- Successfully litigated and settled bet-the-company litigation involving a license to a famous brand on behalf of a software gaming company.
- Successfully sued and settled more than 10 litigations cumulatively involving eight-figure damages for a publicly traded company that owned and licensed famous entertainment assets. The defendants were software developers, garment makers, handset and joystick manufacturers, a racing association, an amusement park, and manufacturers.
- Won appellate reversal and favorable settlement for a New York area restaurant franchisee in a dispute regarding a lease and the landlord’s limited liability company agreement.
