Litigation and Dispute Resolution
Newman, Simpson & Cohen, LLP has extensive experience handling complex litigation disputes on behalf of a variety of clients ranging from large publicly-traded companies to small businesses and individuals. Our three partners, John Newman, Daniel Simpson, and Daniel Cohen, have over 100 years of combined trial and appellate experience with in-depth knowledge of the New York and New Jersey state and federal courts at all levels, as well as practical business judgment, all of which contribute to our consistent delivery of cost-effective results.
Our attorneys regularly appear in state and federal courts in New Jersey, New York, and numerous other jurisdictions representing clients across a broad spectrum of industries, including complex, multi-party and class action litigation, internal and external business disputes, contract disputes, unfair trade practices, labor and employment, lender liability, insurance coverage disputes, construction litigation, commercial debt collections, franchise litigation, appellate practice, pharmaceutical litigation, product liability, professional liability defense, trust and estate litigation, and land use actions.
Our firm recognizes that litigation can often be an unwanted drain on time and resources on any person or business. We therefore focus on efficient and effective solutions to resolve disputes before full-blown litigation. When litigation nonetheless ensues, we continue our focus on achieving the best possible outcome in a cost-conscious manner, often times by exploring alternative dispute resolution, including mediation or arbitration, at the appropriate juncture. We carefully plan and execute each step of the litigation process, from the filing of a complaint or answer through trial and appeal.
Given our experience and familiarity with the New York and New Jersey judiciary, we also routinely serve as local counsel to assist out-of-state firms with matters pending in our local, state and federal courts. Our attorneys hold in the highest regard the trust that out-of-state attorneys place in us, and are always mindful of the client’s needs and are willing to assume whatever role is best suited for the client in such matters.
- Shareholder, partnership and joint venture disputes
- Breach of exclusivity and non-competition agreements
- Emergency and equitable relief
- Business torts including unfair competition, tortious interference and breach of fiduciary duty
- Creditors’ rights, inter-creditor disputes and lender liability
- Franchise and distributor disputes
- Foreclosures on behalf of lenders
- Sale and purchase of goods and Uniform Commercial Code
- Probate, trust and fiduciary litigation
- Insurance coverage litigation on behalf of policy holders
- Construction contractor and performance litigation
- Breach of contract disputes
- Zoning and land use litigation
- Corporate compliance and investigations
- Defending lawsuits against lawyers, accountants, officers and directors, brokers, trustees and other professionals
- Commercial landlord/tenant actions
- Product liability and mass tort litigation
- Tax controversies
- Appellate practice
- Electronic discovery
- Successfully settled a wage and hour claim brought against a pharmacy client in the U.S. District Court for New Jersey.
- Obtained judgment on behalf of the firm’s fast food franchise client against a local municipality for its arbitrary and capricious approval of a competitor’s conditional use application.
- Obtained a favorable trial verdict on behalf of a commercial tenant based on its landlord’s failure to mitigate damages.
- Obtained numerous summary judgment rulings on behalf of lenders against borrowers in connection with both foreclosures and action on the notes and guarantees.
- Currently represent a co-trustee against claims of breach of fiduciary duty.
- Favorably settled an action by a former employee against our employer client for alleged disability discrimination.
- Prevailed on appeal against title insurance carrier for the improper denial of coverage due to our bank client.
- Served as local counsel in New Jersey Superior Court for a pharmaceutical company named in a complex, multi-party AWP (Average Wholesale Price) litigation.
- Served as local counsel in the U.S. District Court for New York Southern District, for a producer and seller of high end cosmetic products pursuing both injunctive and monetary relief for the unauthorized, illegal marketing and sale of stolen or diverted goods.
- Represent judgment creditors in connection with post-judgment collection efforts.
- Clearing up the Mystery around Landlord’s Liens
- Controlling the Cost of Legal Services
- Conversion of a Bankruptcy From Chapter 11 to Chapter 7
- Diligence Pays Off
- Essentials Of Every Work Out Agreement
- Gifts, Wills and Undue Influence
- How to Manage Litigation and Its Expense
- How to Preserve a Judgment Lien
- Liability of Corporate Directors
- Liens on Liquor Licenses
- LLC – SI
- Real Property Tax Appeals
- Rent Receivers
- Restrictive Covenants in Employment Agreements
- What Happens When Neither Party Flinches at Closing?
- What is Sexual Harassment?
- When the IRS has Priority Over a Secured Lender