Litigation

From the representation of large business clients in complex contract disputes, to the defense of small, privately-held companies against claims of wrongful discharge, to serving individuals involved in estate litigation, Antheil Maslow & MacMinn attorneys are aggressive advocates for our clients.  Our litigators practice both in the federal and state courts.  Where appropriate to our client’s goals, we pursue alternative means of dispute resolution, including arbitration and mediation.

In order to improve our clients’ prospects for success and to hold down the costs of litigation, we believe in forming an active partnership. Our clients have direct, frequent contact with the attorney in charge of their case, who listens to exactly what they hope to accomplish and involves them in all aspects of the litigation. Our Litigation Practice Group offers the following areas of experience:

• Business divorce
• Business valuation disputes
• Compensation/profit distribution issues
• Shareholder/Member/Partner disputes
• Partnership disputes
• Purchase/sale litigation

 

• Disputes over language in shareholder agreements, operating agreement, partnership agreements, and limited liability agreements

• Succession issues

• Financial disagreements, undisclosed earnings or secret dealings

• Breach of contract or fiduciary duty

• Partnership or shareholder buy-outs

• Underperformance of a partner

• Personal and managerial conflicts

• Deadlocks – where two equal partners cannot agree

• Oppressed minority shareholder disputes

• Fraud • Embezzlement

• Business disparagement

• Leaking of trade secrets

• Disclosing sensitive information

  • Partnership Disputes
  • Collection of overdue accounts
  • Confessed judgment
  • Mortgage foreclosures

 

  • Business control disputes
  • Breach of warranty or representation
  • Buy – Sell agreement conflicts
  • Commercial and contract disputes
  • Collection
  • Commercial torts including trade disparagement, interference with current or
    potential contractual relationships and commercial defamation
  • Construction contracts
  • Environmental claims
  • Insurance bad faith
  • Lender liability
  • Patent litigation
  • Protection of proprietary information
  • Trade secrets
  • Trade name conflicts
  • Unlawful use of confidential information
  • Construction contracts
  • Defective construction
  • Mechanics’ liens
  • Payment and performance bond issues
  • Employee benefits disputes
  • Benefits litigation
  • Enforcement of non-compete agreements, non-solicitation covenants and non-disclosure agreements
  • Employment contract claims
  • Harassment and discrimination claims
  • Wrongful discharge claims
  • Will Contests & Trust Disputes
  • Estate & Probate Litigation
  • Guardianship/Incapacitated Persons Litigation
  • Power of Attorney Litigation

Key factors:

  • Whether an Insurer has a duty to defend its insured;
  • Whether an Insurer has a duty to indemnify, or pay a judgment entered against its insured;
  • The Insurer’s right to audit its insured and assess an additional premium;
  • Analysis of tenders for defense and/or indemnity by contractors and subcontractors on an additional insured and insured contract basis;
  • What policy limits apply and whether they are excess or pro rata;
  • Whether a loss falls within the:
  • Expected or Intended Injury Exclusion;
  • Contractual liability exclusion
  • Liquor liability exclusion
  • Employer’s liability exclusion
  • Pollution exclusion
  • Aircraft, auto or watercraft exclusion
  • Damage to property exclusion
  • Damage to your work exclusion
  • Whether a loss is covered under the products-completed operations hazard
  • Whether a loss is covered under the personal and advertising injury coverage.
  • Lender liability litigation
  • Professional liability
  • Legal, accounting and other professional malpractice
  • Adverse possession, easements and title Issues
  • Condemnation/eminent domain
  • Construction litigation
  • Financing and investor disputes

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