The variety of business disputes that I have assisted in resolving cannot be fully described here. They have raised issues about contract formation, interpretation, performance, remedies for breach, business tort claims such as fraud and conversion, the Commercial Code, and a multitude of statutory claims such as the Unfair Practices Act, franchise regulation and federal telecommunications and government contracting law. Contracts can involve the sale of goods and services, professional and consulting assistance, distribution and transportation, and other ancillary businesses.
I am familiar with the complexities that can arise in commercial cases because of business, contractual, technological, and/or personal issues among the participants. In the latter category are cases involving disputes among co-venturers, founding partners, or other similarly situated former associates now at loggerheads, and of family members whose business disputes take on the flavor of all the other aspects of their relationship and history. There also can be complicated issues of corporate law where claims relate to stock ownership or to joint ventures carried out through a corporation, and where there are disputes over contributions and/or management authority. Some business relationships have interlaced so many different roles, such as buyer/seller, lender/borrower, lessor/tenant, etc., that it is crucial to understand and clarify the significance of these different aspects to the relationship without oversimplifying.
I have worked with disputes that have arisen in such diverse areas as large international shipments of metal, power generation, oil refining, fish processing, division of contributions between nonprofits, private aircraft, architecture, environmental clean up and rental of clean-up equipment, shipping and transportation, fine art, music, musical theater, movie theaters, mortgage lending, financing, real estate, real estate management, accounting and auditing, franchisee/franchisor relationships, outside providers of workers (including issues arising from union disputes), public relations and marketing, motels, restaurants, espresso machines, security, clothing, healthcare (concerning doctors, nurses, medical supplies, distribution of medical equipment, and herbal medicine), eyeglasses, automobile dealerships, auto servicing and parts, used car imports, gasoline stations, convenience and grocery stores, construction (contractors, tradesmen and suppliers), agriculture (including disputes between large distributers and growers, and between growers and suppliers), scrap computer components, scrap metal, tanned hides, chemical additives, low-income housing, travel agencies, vending machines, bail bonds, hot dog stands, sea food, massage and day spas, and pool halls.
I have handled a number of mediations involving disputes arising from the sale of businesses, including restaurants, laboratories, dentist’s practices, e-businesses, construction and waste management equipment, wholesale meats, dry cleaning, salons, check cashing, furniture, liquor and convenience stores, limousine service, and others. Common issues include fraud and lack of disclosure claims by purchasers, payment/collection issues, accounting disputes, employment contracts with prior management, and non-compete clauses. Many of these are multi-faceted transactions that engender an array of cross claims when a dispute arises. Similarly, I am comfortable with the issues that arise in efforts to enforce settlements, to specifically enforce contracts, and to collect on debts.
I have worked with parties on a wide variety of settlement approaches, not only dealing with negotiations over money, payment plans, security, accounting and related issues, but also new business arrangements, improved and more stable relationships, and complex financial structures.