Litigation

Flaster Greenberg lawyers efficiently resolve disputes. Whether taking a case to trial, handling alternative dispute resolution, or counseling clients to avoid litigation, Flaster Greenberg’s litigation attorneys achieve their clients’ objectives.

Our experienced trial lawyers successfully handle a wide range of business disputes, from complex transactional disputes to insurance and environmental matters to intellectual property litigation. We represent our clients in federal and state courts locally, regionally and throughout the country. Our attorneys regularly go toe-to-toe with the biggest law firms in the nation . . . and prevail.

Scroll down to read more about the many ways our litigation attorneys can help resolve your dispute. Then expand the attorney menu list at the bottom of the page to learn more about our individual litigation attorneys.

Alternative Dispute Resolution

The judicial system is far from perfect – among other things, litigation in the courts is often more time consuming and expensive than ideal. Where practical and appropriate, our lawyers take advantage of alternative procedures for resolving disputes, including arbitration and mediation. We recognize, however, that no system works best for all situations, and reject the one-size-fits-all approach. Instead, we seek to resolve disputes in the forum best suited to achieve the goals of our clients. In addition, many of our lawyers serve as mediators or arbitrators.

Appellate Representation

Flaster Greenberg offers experienced assistance representing clients through the complexities of the appeals process, regardless of whether we or another firm handled the lower court proceedings. Our lawyers are admitted to practice before state and federal appellate courts, including the United States Supreme Court. Appellate representation requires a much more focused and in-depth analysis of a narrower range of issues than trial court practice, and Flaster Greenberg's attorneys have the sophisticated expertise and analytical skills required for successful appellate representation. 

Contract Enforcement

When differences arise in implementing and enforcing a commercial contract, our litigation attorneys are adept at understanding and interpreting business contracts to assure that the interests of our clients are protected. Flaster Greenberg’s roots as a tax and corporate law boutique provide depth of understanding of the nuances and challenges that can arise in contract law. Drawing on this experience, Flaster Greenberg's litigation attorneys are capable of handling any type of contract dispute from the simplest two-party agreement to the most complex multi-party commercial arrangements.

Environmental Litigation

Litigation over environmental, safety and health issues often arises in the context of governmental cost recovery claims, agency enforcement and penalty actions, citizens' suits to enforce federal and state statutes, environmental remediation and liability disputes, insurance coverage claims and challenges to environmental permits and proposed regulations. We have significant experience representing clients in environmental lawsuits in both federal and state courts, including appellate courts, and in proceedings before administrative agency tribunals. Our experience includes Superfund (CERCLA), RCRA and New Jersey Spill Act matters, Natural Resource Damage (NRD) claims, ISRA and underground storage tank issues, as well as water, hazardous waste, solid waste and air permitting issues and alternative energy.

Injunctive Relief

Litigation can drag on for years. In some emergency situations, however, courts permit a party to obtain immediate relief in the form of an injunction or other remedy. Our lawyers are experienced at applying for such immediate relief, as well as contesting the applications of adverse parties. Such situations require a law firm that is big enough and quick enough on its feet to get the job done promptly as well as correctly and efficiently, and Flaster Greenberg's litigation group fits that bill.

Insurance Recovery Litigation

Attorneys at Flaster Greenberg handle a variety of claims over insurance coverage, including, quite often, challenging denials of coverage by some of the nation’s largest insurance companies in complex commercial, mass tort, environmental, employment and construction matters. We also handle disputes involving healthcare benefits for medical providers. By choice, we do not represent insurance carriers, so we are able to represent our clients who have disputes with their insurers vigorously, without the conflict-of-interest concerns that can hinder other firms. Click here to learn more about our Insurance Counseling & Recover Practice.

Intellectual Property Litigation

Intellectual property litigation can be complex, daunting, and costly. At Flaster Greenberg, attorneys in our Intellectual Property Practice focus on simplifying the message and approach such disputes as a partnership with our clients. Our goal is to best serve the client's business objectives. With frequent consultations involving strategy, substantive issues, and budgeting, our intellectual property litigators keep the client well informed and involved in the process, whether the dispute involves a patent, trademark, trade dress, copyright, trade secret or Internet dispute. Click here to learn more about our Intellectual Property Practice.

Internet Disputes & Litigation

Over the past decade, as businesses and their customers have increasingly moved online, our clients have experienced a growing need for Internet-related legal services. Both companies and individuals hope that when someone searches for their name using a search engine (such as Google), the search results do not display negative content that gives rise to legal issues. However, in some cases, the search results contain or link to instances of defamation, trademark infringement, copyright infringement or other violations of the law. Our attorneys are experienced in protecting our clients’ online reputations and combating violations of our clients’ intellectual property rights. Learn more here.

Labor & Employment Litigation

The workplace can give rise to a wide range of legal disputes, including wrongful discharge, harassment, and discrimination claims; whistleblower and retaliation claims; wage and hour disputes and class action litigation; and actions to enforce non-compete agreements. We have extensive experience handling and resolving these claims for business clients and, on occasion, select individual clients. Flaster Greenberg's labor and employment attorneys also counsel businesses and individuals on issues of labor and employment law compliance, including the Age Discrimination in Employment Act (ADEA), Older Workers Benefit Protection Act (OWBPA), National Labor Relations Act (NLRA), Fair Labor Standards Act (FLSA), Family Medical Leave Act (FMLA), Conscientious Employee Protection Act (CEPA), Americans with Disabilities Act (ADA) and Labor Management Relations Act (LMRA). This knowledge of the substantive law provides us with insights that guide our theories and defenses in litigation, with great benefits and results for our clients. Learn more about our Labor & Employment Practice here.

Litigation Management

Flaster Greenberg's national Litigation Management Group provides coordinated support services to manage the prosecution or defense of highly complex civil lawsuits involving voluminous electronic documents, as well as the defense of national litigation involving multiple claimants. We bring to the table deep background as trial attorneys, and significant relevant experience managing litigation for multinational corporations and businesses across a range of industries. Our team's experience extends from such matters as complex e-discovery and document-intensive cases, to serving as national defense counsel for companies embroiled in nationwide mass toxic tort litigation. Our coordinated support results in reduced costs, improved staff-time efficiencies, and better outcomes.

New Jersey & Pennsylvania Real Estate and Land Use Litigation

Real estate and land use disputes cover a broad range of problems, including zoning and planning issues, landlord-tenant disputes, construction, contract, governmental regulation, tax appeals, condemnation, title defects and easement and management conflicts. Flaster Greenberg's attorneys translate a wide range of experience with all facets of the real estate and construction industries into practical assistance and resolution. In addition to their own expertise litigating real estate disputes, Flaster Greenberg's attorneys draw upon the technical expertise of one of the region's premier real estate departments to help obtain a successful resolution of our clients' real estate and land use problems. Learn more about our Real Estate Department here.

Restrictive Covenants

We have extensive experience in litigating the scope and enforceability of restrictive covenants. We are highly skilled in conducting the fact-intensive investigations that will lead to trial success. Our lawyers also understand the confidentiality safeguards that help protect a business’ proprietary information, including customer lists, and frequently counsel clients to achieve favorable outcomes without resort to litigation.

Securities

Our attorneys are experienced in defending securities fraud claims against corporations and their officers and directors, as well as prosecuting investor claims against brokers and advisors. Working with their corporate and securities lawyer colleagues, Flaster Greenberg's litigators are able to identify quickly the material legal and business issues to achieve a successful, cost-efficient and expeditious resolution of the dispute. Our litigation attorneys are also experienced in defending class actions, derivative actions and other forms of complex litigation involving claims of securities fraud and other allegations of violations of the securities laws.

Shareholder and Partnership Disputes

Business partnerships can sour for a variety of reasons: personal and business goals change, the business experiences an unexpected windfall or setback, or the partners find themselves unable to agree on strategy. Our firm’s many years of experience structuring such relationships help us to understand the position of the parties and thereby represent our clients more effectively. Flaster Greenberg's litigators help our clients understand and evaluate the true business interests at stake and separate such interests from the strong emotional and personal issues which often accompany these disputes, and which can cloud the best businessperson’s judgment. In this way, we help our clients focus on the important issues and achieve the best results. Read more about our Corporate Law Department here.

Telecommunications

Our attorneys work closely with telecommunications carriers' in-house counsel, particularly as litigators, in cutting-edge issues involving inter-carrier rate disputes and other matters of first impression involving inter-provider charges. Among other things, our litigators have experience handling matters involving interconnection agreements (ICAs), tariff interpretation, interMTA charges, access service charges and primary jurisdiction issues. We understand the specialized legal and business aspects of the telecommunications industry and strive to work toward successful, cost-efficient, and expeditious resolutions.

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