Commercial Litigation & Business Law

Commercial Litigation and Complex Business Disputes

Business disputes are often more complicated than the written agreements suggest — and sometimes there is little or nothing in writing at all. We regularly handle matters involving oral agreements, informal partnerships, disputed ownership interests, incomplete corporate records, course-of-dealing evidence, and competing versions of how a business relationship was structured.

Our commercial litigation practice includes disputes involving:

• Breach of contract and business agreements;
• Oral and implied agreements;
• Partnership and shareholder disputes;
• Ownership and control of closely held businesses;
• Fiduciary duty claims;
• Fraud and fraudulent inducement;
• Constructive trust and equitable ownership claims;
• Misappropriation of business assets or opportunities;
• Unfair competition and trade secret disputes;
• Interference with contractual and business relationships;
• Business torts and commercial misconduct;
• Accounting and financial disputes; and
• Emergency applications for injunctions and other provisional relief.

We represent clients in New York and New Jersey state and federal courts, as well as in arbitration and negotiated dispute resolution.

Business Divorce and Ownership Disputes

When relationships between business partners, shareholders, or members deteriorate, the dispute can threaten both the value of the business and the parties' ability to continue operating it.

We represent clients in closely held business disputes involving deadlock, exclusion from management, diversion of revenues, disputes over access to books and records, competing claims of ownership, misuse of company resources, and alleged breaches of fiduciary duties.

Depending on the circumstances, we may pursue or defend claims involving dissolution, buyouts, accountings, injunctive relief, corporate governance rights, or negotiated separation agreements. Our goal is not simply to litigate the dispute, but to identify a practical business solution whenever one can be achieved.

Fraud, Constructive Trust, and Equitable Claims

Not every business dispute is governed by a clearly written contract. In many cases, ownership interests, investments, transfers of property, or business arrangements were based on trust, family relationships, oral promises, or informal understandings.

We handle disputes where the legal and beneficial ownership of a business, property, funds, or other assets may differ from what appears on paper. These matters may involve claims for fraud, unjust enrichment, constructive trust, equitable accounting, breach of fiduciary duty, or other equitable remedies.

These cases often require detailed reconstruction of the parties' relationship through financial records, communications, tax documents, business conduct, and other evidence demonstrating how the arrangement actually operated.

Unfair Competition and Trade Secret Litigation

Aleinik Law Firm represents businesses in disputes involving misuse of confidential information, customer relationships, proprietary business information, trade secrets, and competitive misconduct.

These matters may arise when a former employee, partner, shareholder, contractor, or competitor improperly uses confidential information, diverts customers or business opportunities, interferes with ongoing relationships, or attempts to compete using information or resources belonging to the business.

Because these disputes can quickly affect revenue, customers, and business operations, we evaluate both immediate litigation remedies and longer-term business strategy.

Contract Drafting, Review, and Negotiation

Strong contracts are one of the most effective ways to prevent future litigation. We regularly draft, review, revise, and negotiate commercial agreements for established businesses and entrepreneurs.

We also frequently review contracts that clients are asked to sign and advise them on legal risk, negotiation points, termination rights, liability provisions, restrictive covenants, dispute-resolution clauses, and practical business consequences.

Practical Counsel for Ongoing Business Matters

For many of our business clients, we serve not only as litigation counsel but also as an ongoing legal resource. We assist with contract interpretation, negotiations, potential disputes, business relationships, internal conflicts, and strategic decisions before they develop into litigation.

Because we regularly litigate business disputes, our transactional advice is informed by an understanding of how contract language, informal communications, corporate practices, and business decisions may later be viewed by a court or arbitrator.