Commercial Litigation

MZFC has considerable experience managing, resolving and trying multi-party and complex claims in nearly every substantive area of commercial law.   Our broad range of industry experience gives us the knowledge to successfully and clearly present the most complicated cases to judges, juries, arbitrators and mediators alike.  Our reputation enables clients to send the strong message that they are unshaken by the possibility of trial.

Our areas of commercial litigation include:

  • Class actions
  • Business disputes
  • Breach of commercial contracts (private and government)
  • Real estate
  • False advertising and unfair competition
  • Fraud
  • D&O/Shareholder litigation
  • Trade secrets
  • Defamation, libel and slander
  • Product liability
  • Consumer protection statutes

While we do not believe every case should go to trial, we do believe every case gains a competitive advantage from a trial-ready approach. Leveraging the unique perspective of a well-experienced lawyer is the most powerful positioning tool for achieving the best possible solution in arbitration, mediation or other negotiated settlement forums.

MZFC has the depth of experience required to identify, very early in the evaluation of the case, the primary issues of law and fact, provide reliable outcome scenarios, and develop realistic alternative resolution options. We also aggressively pursue pre-trial strategies, including opportunities to win on dispositive motions, which could lead to favorable resolution before trial.

Recent Successes

Represented managing members of limited liability company in dispute over rights of terminated member. After several days of arbitration, the panel found for our clients and awarded them attorney’s fees and the costs of arbitration.

Represented minority members of medical group in dispute over ownership of contract revenue. Obtained prejudgment attachment on behalf of clients resulting in speedy resolution of the matter.

Represented regional accounting firm in claims of negligence and misrepresentation arising from an audit of a business. The business used the audit, which indicated that the business was a “going concern,” to renegotiate its lease obligations with its landlord. The business’s financial situation was worse than indicated on the audit, and the landlord sued the accountancy firm. The matter settled favorably for the firm.

Represented regional and local third party pension plan administrators in claims involving miscalculation of benefits, over-funding of plans, and other allegations of malpractice. These claims were resolved in a cooperative process with our clients and the opposing counsel.

Represented clients with significant off-shore assets in claims against their accountants arising from the improper determination of taxes on repatriated assets. Negotiated a resolution involving amended returns, indemnity and a lengthy tolling agreement to ensure that our clients did not have additional tax liabilities, and if they do, that their claims against their former accountants will still be ripe. At the same time, we avoided costly litigation of the matters.