Commercial Litigation

Commercial Litigation

Ansa Assuncao attorneys handle a wide-variety of business disputes. We prosecute and defend complex commercial litigation in federal and state courts throughout the country. We also excel in creatively resolving less complex, but equally important, disputes our clients periodically face with their customers and business partners, while striving to keep the business relationships intact.

Business disputes and commercial litigation can run the gamut, from breach of contract to theft of intellectual property to computer-related offenses. To successfully and efficiently handle the wide spectrum of commercial disputes, our attorneys’ deep trial experience, acute business sense, and highly developed negotiation skills all matter. We bring that combination of critical qualifications to every business litigation we handle.

Our business litigation services include the following types of claims:

Representative Matters:

  • Representation of one of the world’s largest elevator and escalator manufacturers in a $105 million sales and service dispute with one of the world’s largest retailers.
  • Representation of a leading global hardware distributor in a $30 million breach of contract suit brought by a Chinese supplier.
  • Representation of a pharmaceutical company in a breach of contract licensing dispute involving the manufacture and sale of a generic version of a drug with annual sales of over $300 million.
  • Representation of investment banking organization in “success fee” litigation.
  • Representation of a publishing and media company in dispute involving joint-venture with national media organization.
  • Representation of a steel importer and distributor in breach of contract cases involving non-conforming stainless steel pipe supplied by manufacturers in China and India.
  • Representation of a global manufacturer of confections in a breach of contract dispute with its U.S. distributor and importer.
  • Representation of REIT in various business. Our business litigation services include the following types of claims:
  • Breach of Contract
  • Breach of Fiduciary Duty
  • Business Financing Disputes
  • Construction Defect and Delay Litigation
  • Copyright Infringement
  • Employment Contract and Non-Compete Agreement Disputes
  • Franchise Litigation
  • Fraud
  • Intellectual Property
  • Mortgage Foreclosure/Lender Liability Litigation
  • Real Estate Litigation
  • Trademark Litigation
  • Unfair Competition & Trade Secrets
  • Litigation matters, including disputes with borrowers and creditors related to real estate investments.
  • Representation of steel manufacturer in various construction-related disputes with contractors, subcontractors and property owners.
  • Representation of real estate developer in claims involving allegations of breach of governing community documents, selective enforcement, tortious interference and breach of contract.
  • Representation of nationwide developer of apartment communities in a claim brought by an investment company that acquired one of the apartment communities after it had been constructed.
  • Representation of home builder in resolving and litigating disputes with home buyers, contractors and material suppliers.
  • Representation of franchisors in litigation with franchisees, including claims for breach of contract, alleged violation of franchise disclosure laws and related tort and other statutory claims.
  • Enforcement of trademark, trade dress and copyright claims in the context of franchise litigation.
  • Prosecution of trade secret action on behalf of manufacturer of surgical blades.
  • Defense of trade secret action involving the alleged theft of customer lists and tortious interference with prospective business relationships.
  • Prosecuting enforcement of non-compete agreements in both state and federal courts throughout the United States.

Breach of Contract Actions

Our attorneys have extensive experience litigating contract disputes, as well as drafting contractual provisions. Our experience includes litigating the following types of breach of contact claims:

  • Product supply agreements
  • Unfulfilled distribution agreements
  • Breach of purchase and sale agreements
  • Partnership agreements
  • Shareholder disputes
  • Disputes among members of limited liability companies
  • Lease or real estate disputes
  • Breach of warranty actions
  • Breach of promissory notes
  • Breach of employment and non-compete agreements

Ansa Assuncao LLP attorneys enjoy helping smaller companies contend with breach of contract disputes against larger entities with alternative fee structures, including contingency fees for business litigation cases involving claims for recoverable damages in excess of $1 million.

Business Financing Disputes

Ansa Assuncao represents innovative alternative lenders and small business financing companies in a wide range of lender and commercial disputes, contract claims, claims involving alleged statutory and regulatory violations and challenging specific loan agreement provisions, such as forum selection, arbitration and choice of law provisions. We also advise our financing clients on compliance and statutory/regulatory issues in a variety of jurisdictions.

Some examples of our recent engagements include the following:

  • Successfully defended a publicly-traded merchant financing company in a series of coordinated actions seeking to invalidate commercial loans on illegality grounds in New York Supreme Court. Cases dismissed.
  • Obtained dismissal of complaint alleging usury and unjust enrichment at pleadings stage based on contractual terms including forum selection and choice of law.

Breach of Fiduciary Duty

Breach of fiduciary duty claims arise in different business scenarios, including lender liability, business partnerships, joint ventures and other situations where one party reposes trust in another. Engaging experienced trial counsel to handle the prosecution or defense of these claims is important to maximizing claim value or ensuring a proper defense.

Business partnership disputes tend to be a particularly contentious area of litigation. They usually involve not just professional and sometimes long-term personal relationships, but also large sums of money. Weeding through the animosity between business partners requires experience and skill.

Franchise Disputes

Our lawyers offer experienced counsel to business clients in disputes with individuals and other businesses, including both sides of franchise matters. Our experience involving business and franchise litigation often includes statutory claims such as:

  • Representation of franchisors in litigation with franchisees, including claims for breach of contract, alleged violation of franchise disclosure laws and related tort and other statutory claims
  • Representation of national sandwich shop franchisor in various disputes with its franchisees
  • Representation of national hotel chain in various disputes with its franchisees
  • Representation of a national income tax return preparation franchisor in claims against former franchisees and actors in concert with the former franchisees, for breach of contract, trademark violation and unfair competition, resulting in judgments for monetary damages and permanent injunctive relief.

At Ansa Assuncao LLP, you will find lawyers who understand the dynamics of the franchisor-franchisee relationship. We get to know the nature of your franchise or franchise system, your competitors and your future business plans. Our firm’s understanding of both sides of the franchising dynamic has proven invaluable to both franchisors and franchisees, as we can see and argue from both sides of the fence regarding:

  • Misleading initial investment costs
  • Encroachment
  • Competition by franchisor (by alternative means)
  • Failure to train/support
  • Modification of the system
  • Advertising fund manipulation
  • System standards
  • Termination/nonrenewal
  • Transfer/assignment

Business Fraud

Business fraud claims can have a significant destructive impact on businesses and their owners. Such claims arise under various scenarios. Understanding when a fraud claim may be asserted and the legal restrictions on such claims when ongoing business relationships are involved, requires both knowledge of the law and experience with pursuing or defending fraud claims through motions to dismiss, discovery, summary judgment proceedings, and trial.

Our attorneys have the trial experience, business acumen, and unwavering focus and dedication to prosecute or defend even the most difficult business fraud cases through trial.