Business Litigation

While I am no longer handling litigation, I will share my thoughts about cases I have handled during more that 40 years of experience in business litigation and trials.  This experience comes in handy when I represent clients in real estate and business transactions, the practice areas that I am currently emphasizing . Some of the types of cases I have successfully handled over the years are described below.

• Breach of business and commercial contracts — much business litigation involves the enforcement of contracts where one party has failed to perform giving rise to damage claims. Where goods are involved, the case may be controlled by the Uniform Commercial Code. At the outset of the case, a strategy is developed with the client including where to file the lawsuit.

• Collection actions and enforcement of judgments — a significant part of business litigation involves lawsuits to collect money or the defense of collection actions. A promissory note or personal guarantee is often the subject of a collection lawsuit. These cases may also involve the use of pre-judgment remedies including an application for a writ of attachment. Mr. Ruben has obtained writs of attachment in the high six figures.

• Emergency litigation — in some cases it is necessary to attempt to preserve the status quo by applying for a temporary or preliminary injunctive relief, or a receiver.

• Business torts — Business litigation also includes torts such as fraud and deceit, interference with contract or prospective advantage, defamation and negligence. An all too common type of business tort is the breach of fiduciary duty by a corporate officer, a business partner, a majority shareholder, a key employee or others in a position of trust.

• Trade secrets and unfair competition — Mr. Ruben has also developed expertise in cases arising from the misappropriation of confidential business information by former employees or competitors and other forms of unfair competition. Depending on the facts of the case, the confidential business information may rise to the level of protection reserved for trade secrets.

• Professional liability — Mr. Ruben also has considerable experience in professional malpractice actions against accountants, real estate appraisers and real estate brokers and agents.

• Involuntary Dissolution of a business — Privately owned corporations and general and limited partnerships sometimes meet their end in an involuntary dissolution action. Mr. Ruben has substantial experience in these cases.