Commercial Litigation


Our attorneys represent a diverse group of clients in a wide range of complex commercial disputes, including breach of contract actions, construction litigation, loan workout and foreclosure matters, partnership and shareholder disputes, director and officer litigation, and fraud and RICO litigation. We're often called upon to serve as lead counsel in high profile lawsuits involving multiple parties and law firms, and to act as special counsel or trial counsel for other firms.

In addition to general commercial disputes, we have extensive experience with disputes involving heavily regulated businesses - such as health care and not-for-profit organizations - as well as those involving highly technical areas of the law, including the Employee Retirement Income Security Act (ERISA), antitrust, and regulatory litigation.

Representative Matters

  • Counseled a real estate developer in the creation and implementation of strategies to avoid bankruptcy in the face of potential contract exposure of $250 million, while simultaneously defending scores of state and federal court lawsuits alleging fraud, breach of contract, and consumer deception, including multiple class actions and a state government investigation and enforcement action.
  • Recovered 100% of principal, interest and attorneys' fees on a multi-million dollar loan and avoided protracted litigation in the bankruptcy courts through the sale of an internet domain name for the highest recorded price in history despite the filing of an involuntary bankruptcy action by other creditors designed to prevent the UCC auction of the domain name.
  • Successfully represented in federal courts in New York and New Jersey a consortium of national banks in complex, politically sensitive and media intensive litigation arising out of a $150 million loan for the remediation and redevelopment of four abandoned landfills.
  • Successfully secured the dismissal of a consumer deceptive and unfair trade practices lawsuit brought by the Florida Attorney General, following a three-year investigation and two years of litigation, which concluded with the Attorney General dismissing all claims against two principals of a real estate development firm, recognizing that neither was liable for the acts alleged in the State's complaint, and agreeing to a settlement with the defendant companies for a sum of less than one percent of the amount originally sought.
  • On behalf of a real estate developer, hotel operator and its beneficial owner, successfully won dismissal of a qui tam action, filed ostensibly on behalf of the State of New York, which involved the alleged failure to pay transfer taxes, plus fees and penalties, as part of our clients’ ownership interest in the development of a New York City hotel. The Supreme Court, NY County dismissed the Complaint and ruled that our clients did not own more than 50% ownership interest, which was the threshold for transfer tax applicability. 
  • Successfully represented an investment bank in an international arbitration involving a $200 million dispute implicating complex issues of Japanese and U.S. laws and arising out of the sale of a major commercial development site in Tokyo.
  • Represented state and national insurance trade organizations that intervened and successfully opposed an appeal filed by several physicians groups challenging a revised and expanded PIP schedule issued by the New Jersey Department of Banking and Insurance.
  • Obtained summary judgment for an insurer regarding the application of a casualty policy's pollution exclusion for a $20 million plus claim arising from nearly 30 years waste disposal from a manufacturing facility in Massachusetts.
  • Represented the N.J. Sports and Exposition Authority in over 30 distinct, multifaceted legal challenges brought by environmental groups, affordable housing advocates, local municipalities, and commercial interests opposed to the Meadowlands Xanadu project, a proposed mixed use development consisting of a 520 room hotel, office towers, and a $2.4 billion sports, retail, and dining and entertainment center at the Meadowlands Sports Complex.
  • Successfully obtained an affirmance from the United States Court of Appeals for the Federal District of an order of the United States District Court for the District of Maryland dismissing the Complaint against our client, a Turkish telecommunications carrier, in an action claiming infringement of certain patents concerning international text and SMS messaging processes.
  • Obtained a directed verdict following a two week jury trial in a disability discrimination case for a Fortune 200 company.
  • Represented a Chapter 11 trustee in proceedings against multi-national companies on contract and breach of fiduciary duty claims in excess of $200 million.
  • Represented life, health, and disability insurance companies in claims involving misrepresentation, fraud, disability, suicide, and accidental death -- millions of dollars in claims have been saved or recovered in these matters.
  • Served as national coordinating counsel for a major corporate client sued in over 400 related product liability cases nationwide.
  • Appeared before the United States Supreme Court on behalf of the commercial health insurance industry in an ERISA-based challenge to New York State's method of regulating hospital rates.
  • Successfully defended class action suits involving auto, homeowners, and credit insurance policies.
  • Represented the insurance industry in various challenges brought by American Trial Lawyers Association of New Jersey's latest auto reform legislation, implementing regulations and policy forms.
  • Represented the insurance industry before the New Jersey Supreme Court concerning whether an agent has a private cause of action to enforce the state's insurance laws.
  • Won jury acquittals of corporate executives and public officials in felony prosecutions.
  • Successfully defended suits brought by students for wrongful dismissal from private educational institutions.
  • Won the only jury acquittal of a securities fraud prosecution in the U.S. District Court, Southern district of New York, during the past dozen years.
  • Obtained a federal jury acquittal of our corporate executive client who was charged with obstruction of justice by ordering document and data destruction.
  • In a highly complex oppressed-minority shareholder litigation involving a very large, privately-held New Jersey corporation, successfully negotiated a settlement in which the complaining shareholders were bought out of the company, despite their initial claims of entitlement to take over the company and eject the majority shareholder.
  • Successfully represented an oppressed shareholder of a privately-held company, and scored a $3.2 million judgment and separate attorney fee award for the client. The case involved claims under the Uniform Fraudulent Transfer Act, breach of fiduciary duties, and both compensatory and punitive damages, as well as a referral to the state attorney general / prosecutor’s office for alleged criminal behavior. The case involved a successful family business with an innovative product and a renowned reputation in the science, academic, medical and defense industries. Following more than five years of litigation due to, among a myriad of issues, defense’s failure to respond to the Court’s requests, it was found that our client was routinely defrauded by the defendant, including illegal transfer of a substantial number of company assets.
  • In an action brought on behalf of six states against the U.S. Treasury, earned a reversal by the U.S. Court of appeals for the Federal Circuit of the U.S. District Court's dismissal on jurisdictional grounds (supremacy and sovereign immunity).


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Related Practice

American inventor Thomas Edison once said, "Genius is one percent inspiration and ninety-nine percent perspiration." When that genius was tested, Windels Marx represented Edison in litigation that confirmed his claim to be the inventor of the incandescent electric light.