New York and New Jersey Commercial Litigation Lawyers

The Firm's clients include both publicly traded and privately held business entities, and they are often national and international in scope. Our attorneys also represent and defend individual clients and serve as co-counsel or local counsel along with leading national and international law firms. Our clients are involved in a wide variety of business enterprises, including banking and securities, insurance, reinsurance, information technology, manufacturing, transportation, power and light, construction, beverage and bottling, restaurant and hospitality, cable television, entertainment, video games, and automobiles.

Even with careful structuring and planning from the outset, businesses may find themselves involved in internal or external disputes. These disputes may relate to contracts, shareholder conflicts, insider trading, UCC claims, fraud or misrepresentation, insurance coverage, breaches of fiduciary duties, business dissolution, officer and director liability, employment law, whistleblowers, and more. Our New York commercial litigation attorneys pride ourselves on providing clients with cost-effective solutions that account for each client’s business objectives and economic realities. We determine a litigation strategy early in the dispute, consulting with clients on the costs and risks of pursuing litigation, rather than obtaining a negotiated resolution. Our clients have immediate access to attorneys who have litigated disputes on behalf of some of the largest national and international businesses.

MBKK Partner David Koenigsberg has brought federal and state qui tam actions that have returned close to one billion dollars to federal, state and local governments. Nationally recognized for his decades of experience representing whistleblowers, David was named 2019 Lawyer of the Year by the Taxpayers Against Fraud Education Fund, the leading non-profit public interest organization dedicated to fighting fraud against the government.

Qui tam lawsuits involve claims by private citizens or relators who discover fraud that has been perpetrated against a governmental entity. The False Claims Act, 31 U.S.C. sections 3729-3733, is a federal law that permits people and entities with evidence of fraud against federal programs or contracts to sue a wrongdoer on behalf of the government. The government may intervene and join the action, but if the government declines, the plaintiff can proceed on their own. A whistleblower who successfully exposes fraud and pursues a qui tam lawsuit may be able to recover 15-30% of the government’s recovery. We have more than 25 years of experience representing whistleblowers in False Claims Act or qui tam lawsuits.

Our insurance coverage group has decades of combined experience working closely with the largest national and international insurers. We are deeply familiar with insurance coverage case law, and we understand how courts have interpreted policy language in a range of insurance contracts. The commercial litigation attorneys at our New York firm have served as legal counsel on a noteworthy number of high-profile coverage matters, including those involving bad faith, broker liability, first-party property, reinsurance, and bankruptcy. Some of the issues that have arisen have included the insurer’s duty to defend, the triggering of coverage, allocation, number of occurrences, recoupment of defense costs, lack of fortuity, underlying carrier insolvency, pollution exclusions, owned property exclusions, late notice, failure to cooperate, voluntary payments, named insured or successor liability, and additional insured rights. We pride ourselves on our ability to quickly evaluate the strengths and weaknesses of claims and defenses at an early stage, and we have negotiated dozens of early resolutions and dismissals of cases that lack merit. Just as importantly, we have the experience to take cases to trial, and we have a record of favorable outcomes.

The duty to defend is a liability insurer’s duty to defend an insured against claims that would expose the insured to liability. This duty may cover defense against claims in which no damages are awarded, and possibly even against claims that are not covered by the duty to indemnify. Whether there is a duty to defend under an insurance policy hinges on comparing the words in the grant of coverage with the allegations in a complaint. Due to our extensive litigation experience, our New York commercial litigation lawyers are routinely retained by insurance companies to defend their insureds in claims arising out of toxic torts, slip and falls, product defects, construction defects, work site accidents, and other accidents. We also often handle indemnification issues.

Employment laws that may apply in New York and New Jersey include federal, state, and local laws. These laws need to be factored into the drafting of employment agreements and examined when determining litigation strategy in lawsuits involving discrimination, retaliation, severance, non-compete agreements, and more. We have advised executives and others on their employment contracts and compensation plan arrangements in varied industries. On the other side, we have assisted our clients in developing employment contracts and confidentiality agreements with their employees. We represent both employers and employees in employment discrimination cases arising out of race, national origin, disability, sexual orientation, gender, or age.

Our trial attorneys are intimately familiar with local court rules and procedures in state and federal courts, and we have cultivated relationships with members of the local bars. We understand the subtleties of how these local rules operate and how local judges think. Due to the breadth of our experience and our intimate knowledge of local courts, we are frequently asked to serve as local counsel to national and international law firms that do not have a local presence. Drawing on our own experience and expertise in representing corporate and individual clients, we can share insights and advice on strategies for litigating to a successful conclusion. We also assist counsel in obtaining pro hac vice admission.

At MBK&K, our mission is simple. The commercial litigation lawyers at our New York firm strive to efficiently resolve complicated financial and business disputes in a manner that is first and foremost cognizant of the economic realities of our clients' business models. Put simply, our clients' business concerns are our priority. We are committed to finding innovative solutions to complex legal issues and to maintaining excellence in the provision of legal services. Menz Bonner Komar & Koenigsberg represents corporate and individual clients in New York City and Westchester, Nassau, and Suffolk Counties, as well as in New Jersey and Connecticut. Call us at our New York office at (914) 949-0222 or at our New Jersey office at (732) 933-2757, or complete our online form to set up an appointment.