Litigation

Business Litigation Attorneys

Litigation is, by its nature, stressful, time consuming and cost intensive. At Scarinci Hollenbeck, our business litigation attorneys understand the complexities our clients face. The clients for whom we regularly serve as litigation counsel include Fortune 500 companies, small, privately held businesses, as well as individuals and families. We believe that our sensitivity to the burdensome cost of litigation, coupled with the breadth of experience of our litigators and the resources we have assembled to support them, allows Scarinci Hollenbeck to respond to our clients’ particular needs and goals as few law firms can.

The firm’s litigation practice is comprised of highly qualified and experienced attorneys, including those Certified by the Supreme Court of New Jersey as Civil and Criminal trial attorneys, who are capable of representing clients in varied types of general, commercial, employment and criminal litigation, ranging from relatively simple contractual matters to litigation involving complex questions of law and fact. Our attorneys appear before State and Federal trial and appellate courts, as well as regulatory and administrative agencies at all levels. Our philosophy includes partnering with our litigation clients in order to strategize an end game, while always keeping the big picture in mind. We are goal oriented and we understand the emotional and economic importance of the litigation process to our clients. To that end each of our litigation attorneys are committed to timely, effective and honest communication with our clients during the entire course of our representation.

Areas of Service

In addition to our nationwide litigation experience representing businesses in sophisticated contract, construction and employment matters, we have successfully represented municipalities, other public entities, insurance carriers, their insureds, and private clients in many other areas of law, including legal and accounting professional liability, medical malpractice, construction defects and related surety and performance bond issues, commercial litigation, employment discrimination (L.A.D. and A.D.A.), products liability, Civil Rights §§ 1983 and 1985 and other Constitutional claims, environmental and general insurance coverage, E.R.I.S.A., first party C.E.R.C.L.A. and I.S.R.A. actions and general negligence. In the product liability area, we have successfully litigated claims involving Federal preemption, toxic torts, fabric flammability and asbestos exposure. We are proud to note that our litigators have been involved in many precedent setting cases regarding creditors’ rights, civil RICO and its applicability to bank customers, statutory immunity, arbitration, defamation and other significant issues.

We have extensive experience in insurance coverage litigation and have pursued claims in a wide range of insurance policies, including:

• Directors and Officers
• Errors and Omissions
• Employment Practices Liability Insurance
• Surety and Performance Bond
• Comprehensive General Liability
• Legal Professional Errors and Omissions
• Commercial Property and Casualty
• Inland Marine and Business Auto

The Group also has significant experience in the area of commercial indemnification and its impact on insurance coverage issues.

Scarinci Hollenbeck also represents a diverse group of public and private entities with regard to workers compensation matters, including:

• municipalities,
• boards of education,
• insurance carriers,
• third party administrators,
• self-insured companies.

Our services are comprehensive and include all areas of workers compensation law. When handling claims, our objective is to provide the highest quality legal representation for all aspects of a claim in a cost-effective, expeditious manner. We work closely with each of our clients in implementing procedures to reduce costs and mitigate future risk and exposure. Once a decision is made to litigate a claim, we aggressively defend our clients’ interests in an effort to minimize losses.

Representative Matters

Complex Contract & Transactional Litigation

• Successfully obtained denial of appeal before the Appellate Division following favorable decision of Board of Public Utilities approving merger of national cable television companies.
• Construction litigation relating to design and build contracts and related subcontracts involving three petroleum storage tanks which failed after construction. Issues included engineering malpractice, breach of contract, and third party beneficiary claims.
• Insurance coverage litigation relating to carriers’ denial of coverage of various Superstorm Sandy damage to property. Successful recovery of damages from carriers.
• Construction contract litigation defending four million dollar claim against a trucking company resulting in a $400,000 judgment in favor of the trucking company.
• Represented a solid waste company defending a claim by a governmental entity for contract reformation and declaratory relief resulting in a $2.78 million settlement award to client
• Represented claims against a developer for breach of contract for commissions resulting in a $13 million judgment.
• Defense of client in legal malpractice action in New Jersey’s first state case implicating its new e Discovery rule amendments.
• Trust and Estate litigations including successful defense of allegations of undue influence.
• Prosecute trademark infringement case against well-known television and cinema personality and publisher.
• Led efforts in the United States in conjunction with Brazilian legal efforts relating to a significant data security breach including compelling cloud-based website to produce user information for use by international IT security firm in its investigation of highly confidential reports.
• Secured removal from YouTube of video that disparaged client’s integrity and caused negative economic impact on its business.
• Various significant foreclosure actions on behalf of creditors.
• Various successful collections on accounts receivable on behalf of various business entities, including a national laboratory performing blood testing.
• Successful litigation defending claims of environmental damages to property brought by neighboring property owner.

Complex Tort & Civil Rights Litigation

• Trial counsel in Federal and State courts on behalf of the State of New Jersey Legislative Reapportionment Commission successfully defending New Jersey’s legislative redistricting plan.
• Counsel to the New Jersey Legislature relating to litigation relating to protection of legislators and staff pursuant to the Speech and Debate Clause of the New Jersey Constitution.
• Defense of federal litigation alleging wrongful death of individual in police custody.
• Defense of 911 call-takers and municipal government against allegations of negligence. Cases have become the seminal interpretations by the New Jersey Supreme Court of statutory immunity provided to call-takers and its relationship to other statutory tort immunities. Multiple cases resulting in the dismissal of claims against call-takers and their employers.
• Defense of governmental entity and individual police officers alleging wrongful death and civil rights violations relating to alleged failure to enforce a domestic violence restraining order. Successful appeal to Third Circuit Court of Appeals which reversed the District Court’s findings relating to the issue “state created danger” and property rights alleged to be established by restraining order.
• Defense of various Federal and State civil rights claims brought against municipalities, counties and State of New Jersey.
• Successful litigation defending claims of environmental damages to property brought by neighboring property owner.
• Defense of prosecution of defamation cases including issues relating to applicability of reporter’s Shield Law privilege to internet bloggers.
• Defense of corporations against allegations of antitrust violations.
• Defense and prosecution of business related torts, including violations of post employment non-compete agreements, interference with contract and misuse of confidential business information, including successfully obtaining restraining orders resulting in effectuation of contract provisions.
• Secured removal from YouTube of video that disparaged client’s integrity and caused negative economic impact on its business.
• Shareholders derivative lawsuit filed against a depository bank’s former and current officers and directors alleging corporate misconduct relating to $1.5 billion of deposits relating to money laundering allegations.
• Significant experience in defending and prosecuting complex Workers Compensation and State Disability Pensions.
• Litigation relating to nuisance, damage and trespass relating to dispute concerning storm water runoff.

Labor & Employment Litigation

• Defense of allegations of sexual discrimination and harassment, including successful representation of businesses and their management alleging acts of sexual misconduct brought by current and former employees.
• Defense of allegations of “Whistleblower” activity, including successful representation of business entities, governmental entities and their management alleging workplace harassment after alleged whistleblower activity.
• Defense of allegations of race and ethnic discrimination and harassment, including successful representation of a College, its president and upper management alleging race discrimination brought by a former faculty member.
• Defense of violations of federal American with Disabilities Act and state Law Against Discrimination.
• Represent employers against allegations of unfair labor practices and union grievances.
• Defend and prosecution allegations of breach of employment contracts, violations of non-compete agreements and misappropriation of trade secrets.
• Conduct and coordinate internal investigations relating to allegations of harassment and whistleblowing activities.
• Conduct and coordinate internal investigations relating to allegations of employee theft and other employee criminal conduct.
• Defense of allegations of violations of ERISA.

Criminal Defense Litigation

• Successful defense of corporate entity against allegations of federal bank fraud.
• Successful defense of criminal allegations of “shaken baby” syndrome.
• Successful defense of federal and state Racketeering (RICO) indictments.
• Successful defense of public officials investigated and charged with official corruption.
• Successful defense of federal stock fraud indictments.
• Successful defense of federal and state tax related indictments.
• Successful defense of computer related sex offenses.
• Representation of physicians and accountants before regulatory boards relating to allegations of misconduct brought by the Office of the Attorney General.
• Representation of corporations and individuals before State and Federal Grand Juries.
• Representation of corporations and individuals in quasi-criminal litigation brought by the State of New Jersey, Division of Consumer Affairs.
• Representation of individuals charged with serious violent crimes including homicide, arson and sex crimes.
• Representation of individuals charged with drug related offenses.
• Representation of individuals charged with DWI, other motor vehicle offenses, disorderly persons offenses and violations of municipal ordinances.

Estate & Trust Litigation

• Competency disputes
• Wills and Trust disputes
• Litigation on behalf of estates
• Allegations of undue influence
• Defense or prosecutions of allegations of misconduct by Trustees and Executors
• Misappropriation of estate and trust assets

Business Tort Litigation

• Copyright and patent infringement
• Business defamation
• Appropriation of trade secrets
• Enforcement of employee contracts and non-compete agreements
• Statutory and common law antitrust violations; Our attorneys include a former state antitrust prosecutor.
• Interference with prospective business advantage
• Interference with contractual relationships
• Emergency court applications to protect business from immediate and irreparable harm.