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Litigation/Dispute Resolution


We care for and defend your business interests and objectives with laser-like focus. Whether an annoyance claim or a bet-the-company disaster, we partner with you to develop and execute tailored strategies – both in and out of court – and we achieve favorable results time after time.

Since litigation typically accounts for the largest part of a company’s legal spend, our approach to fees creates a benefit to you. We collaborate with you from early case evaluation to strategy development, budgeting and, if required, to trial to maximize the chances at every stage that our fees will create a return for you. And, we are often willing to put skin in the game to make sure our work is aligned with your return.

We believe trial should be a last result and we are very adept at negotiating settlements in multiparty cases to get you the best result at the least cost. But, if you must go to trial, go with the best – our winning record in cases tried to verdict or judgment is outstanding as is our record of resolving cases by dispositive motion.

  • Franchises - Mohen Cooper regularly represents franchisors, prospective franchisees, and master franchise area developers in connection with the review and negotiation of franchise agreements and multi-unit development agreements in a variety of industries. We counsel small and growing businesses in franchising options, and in connection with the preparation of Franchise Disclosure Documents. We also provide assistance and guidance to prospective franchisees in the formation of the franchisee entity and the structuring of the business arrangements among its owners to ensure that we get our franchisees from signing to franchise opening.
  • Employment - Companies are increasingly becoming embroiled in litigation involving employee issues. We routinely defend employers in EEOC and State Division of Human Rights proceedings, federal and state lawsuits, arbitrations and mediations. Whether representing a small, closely held business, a not-for-profit charitable organization or a large, publicly traded company, our extensive litigation experience provides a backdrop for successfully resolving claims efficiently. These include the representation of clients in investigating and litigating harassment, discrimination and retaliation claims involving federal and state statutes such as the Equal Pay Act, Title VII, the Age Discrimination in Employment Act, the Pregnancy Discrimination Act, the Americans with Disabilities Act and the New York State Human Rights Law. Mohen Cooper’s representation also includes defending claims brought under the Fair Labor Standards Act, ERISA the Family and Medical Leave Act and the New York Labor Laws, as well as litigating breach of contract and tort claims in the employment context.
  • Licensing Agreements - Our attorneys regularly litigate trade secret, copyright and trademark cases in federal and state courts and advise clients on issues relating to their entry into licensing agreements relating to intellectual property. We also serve as trial counsel in complex trademark, copyright and patent infringement litigation.
  • Bankruptcy Litigation - We represent clients in a wide array of debtor/creditor disputes and inter-creditor disputes, including preference and fraudulent transfer litigation, lender liability claims, litigation over disputed bankruptcy claims, plan confirmation disputes and equitable subordination litigation. We represent secured and unsecured creditors and investors in Chapter 11 reorganizations, Chapter 7 liquidations and out-of-court workouts. We also represents secured lenders in foreclosures, as well as in credit-bidding for their collateral in bankruptcy auctions. Our attorneys advise clients regarding creditors’ rights issues arising in asset securitization and real estate acquisitions, sales, financing and foreclosures.

Business Separations

We represent owners of privately-held businesses in disputes with business partners and corporate dissolutions.

All too often, relations among co-owners of privately held businesses deteriorate to the point where they can no longer work together: they need a “business separation.” The Business Separation group brings together the diverse practice skills and experience required for the myriad challenges presented by private company disputes, and to devise solutions that allow clients to achieve their business and personal goals free of the uncertainty and rancor that can accompany a failed business relationship.

Our experienced litigators understand the intricacies of the laws governing the internal affairs of closely-held corporations, partnerships and limited liability companies. Their extensive representation of clients in private company disputes includes judicial dissolution proceedings on behalf of both majority and minority owners, dissenting shareholder proceedings, derivative suits, books and records proceedings, and assorted other litigation among co-owners of companies in a wide variety of industries including real estate, construction, manufacturing, finance, a variety of wholesale and retail operations, auto dealerships, service companies, and more.

Often the litigation of private company disputes can be avoided by early intervention. We work closely with clients to explore and execute strategies and solutions that can eliminate the distraction, expense, and escalation of hostilities that inevitably accompany litigation.

Business Appraisals

The resolution of a business divorce often centers on the valuation of the subject company. Effective counseling requires a thorough understanding the science of valuation. Our team is experienced working in tandem for successful buyout negotiations or litigation with our business analysts and appraisers.

Alternative Dispute Resolution

Alternative Dispute Resolution (ADR) including both mediation and arbitration continues to grow as a more cost-effective way for businesses to resolve differences without lengthy and costly court proceedings. Our commercial litigation attorneys represent clients in arbitration, mediation and other types of ADR, and many also serve as mediators and arbitrators themselves. Mohen Cooper’s lawyers regularly counsel our clients at the pre-dispute resolution process to best prepare them for every possibility and to involve them in a process that encourages parties to work together to develop creative solutions to business disputes.