Commercial Litigation

When business disputes arise, the future of your company may hang in the balance. It’s critical to work with an experienced legal team that can provide guidance and counsel regarding your best options.

The Basil Law Group, P.C. has represented hundreds of clients–plaintiffs and defendants–both after cases are filed, and during the crucial pre-litigation period when negotiations first take place. Our team is experienced in all facets of commercial disputes and litigation, including, when necessary, trials and appeals in state and federal courts. Our Commercial Litigation practice has successfully worked on cases involving…

  • Civil RICO
  • Commercial contracts
  • Shareholder internal disputes
  • Intellectual property matters (trade secrets, patents, trademarks, copyright)
  • Claims under the Uniform Fraudulent Transfer Act
  • Fraudulent conveyances
  • Piercing the corporate veil
  • Directors and officers (D&O) insurance issues
  • Creditors’ rights
  • Bankruptcy
  • Indemnification issues
  • Real estate
  • Landlord-Tenant
  • Staffing industry issues
  • Insurance coverage
  • False Claims Act
  • Commercial foreclosure

How Do You Know If These Apply to You?

If you are uncertain which of these (or if any of these) issues match your needs, we can help you make that determination. We have defined these issues below, and would be pleased to schedule a discussion to help you decide the next best step. We never charge a fee for an initial interview

In 1970, Congress enacted the Racketeer Influenced and Corrupt Organizations Act (RICO), which was designed to combat organized crime. The statute, however, has been used in civil litigation lawsuits against both individuals and companies. When successful, a civil RICO claim can result in devastating penalties against companies and their officers.

In order to defend against a civil RICO suit, an attorney with prior experience is a must. Our team has successfully defended civil RICO claims in federal court, and can help you and your company defend against one, too.

Well constructed contracts are necessary for the smooth operation of your business, but standard form contracts may not provide the protection you need to protect your interests or to withstand a challenging lawsuit. Our team can help you to draft commercial contracts suited for your business needs as well as your budget.

If you are already facing a lawsuit alleging breach of contract, we’re ready to represent you. Our team has years of experience litigating breach of commercial contract cases in New York and New Jersey, and know how to best defend you and your company.

Business ventures require trust in one’s partners. Unfortunately, that can often devolve into a dysfunctional situation in which the owners of the company disagree on the management and direction of the company. They may even begin to accuse their formerly trusted partners of theft and other breaches of duties to the company .

Handling these matters well requires an understanding of the applicable law as well as the emotional and financial strains that come with them. Our attorneys have represented shareholders, including members of LLCs, in various internal disputes, both before and during litigation. These difficult matters are rarely resolved quickly or easily, but we can guide you toward your best outcome.

If you sell products to other businesses, there is always a risk those companies could file for bankruptcy or become insolvent. When that happens, the property or assets of the company are often transferred to third parties and you could be facing substantial losses due to unpaid invoices.

That does not mean you have no legal options. State fraudulent conveyance laws are designed to prevent these types of transfers, and can require the transferred assets or property to be awarded to a creditor (such as your company).

If your company’s client has declared bankruptcy, become insolvent, or is otherwise failing to pay your invoices by claiming lack of assets, we can help.

Owners of corporations and limited liability companies (LLCs) are generally not liable for debts or judgments against the company they own. The exception to this rule is a legal action known as “piercing the corporate veil,” which allows, under certain circumstances, the owners of the company to be individually responsible for the debts owed or judgments against the company.

Whether your company needs to defend against attempts to pierce the corporate veil, or if you are attempting to hold the owners of a company responsible for the organization’s debts, we can help.

Our Firm can provide you with advice and, if required, litigation representation in creditors rights and bankruptcy matters. Our firm can provide experienced bankruptcy counsel and represent you before the bankruptcy courts in Pennsylvania, New York and New Jersey.

It is not unusual for commercial contracts to contain an indemnification provision, but these seemingly innocuous clauses have the potential to devastate your business. If your business has agreed to indemnify against losses caused by another business, you are placed at risk for actions over which you have little control.

Whether you are looking to enforce indemnification provisions or seeking to strike or limit them, we can help you draft and negotiate the best indemnity terms for your contract.

Many businesses—perhaps yours included—have legal issues involving real estate, such as leasing property, sub-leasing, and contracts to purchase real property. If disputes or other issues arise, the resulting litigation may be handled in specialized courts dedicated to landlord-tenant matters. These courts operate under unique rules and procedures that not every attorney is experienced in handling.

A lawyer unfamiliar with real estate law is also unlikely to be current on the evolving layer of laws surrounding the Covid-19 crisis, as their content and application can change day-to-day. You need experienced legal counsel who is informed about the most recent decisions and laws in the courts and legislatures. Whatever your real estate legal issue, we can help you decide next steps.

Intellectual property includes protection of trade secrets, as well as copyright, patent and trademark litigation. This area of the law of the law is highly specialized. Our firm can provide you with counsel that is admitted to the patent bar and who practices before the Patent and Trademark Office in Washington if that becomes necessary. Our firm is experienced in all facets of trade secret, copyright, patent, and trademark litigation.

The staffing industry is subject to a maze of statutes and regulations. A common problem for staffing companies is that they recruit individuals to do contract or consulting work for a client, but that person will often be the legal employee of the staffing company. This situation raises a variety of potential land mines for the staffing company, which is further complicated by the fact that many of these employees are supplied through a series of contracts among various entities other than the end client, including subvendors, MRPs or online platforms.

If your staffing company is seeking legal counsel or representation, you need a firm with industry experience and understanding of staffing law and practice. Let us help.

The False Claims Act is a federal law which imposes liability on persons and companies that defraud the federal government. People who bring the lawsuit forward can receive a percentage of the monies recovered on behalf of the government.

If you know and have proof of fraudulent actions taken against the government, contact us to schedule a time to talk.

We have also successfully defended False Claims Act cases; if you are being accused of fraud and are seeking representation, contact us now.

Commercial foreclosure proceedings in New York and New Jersey must be handled carefully, even as the process has become more difficult due to Covid-19. If your small bank or finance company is undertaking such proceedings, we can help you navigate these difficult situations and obtain excellent—and cost-effective—results.

Contact Us Today

To make arrangements for a consultation with one of our firm’s partners, please call The Basil Law Group offices at: 917-994-9973. Or you may fill out our online Contact form.

Korean speakers may call: 212-736-3116 and ask for Jerry Kim.

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