Litigation: The Law Firm of Graubard Miller

We at Graubard Miller approach litigation from a business perspective. We believe that to the astute business person, litigation is not an end in itself; rather, it is a tool to be used, like corporate transactions or tax planning, to achieve a worthwhile business objective. On occasion it is an important event that arises in a larger business and economic context. To litigate successfully, that context needs to be understood quickly and it needs to be understood thoroughly. On other occasions, when employed early enough, litigation skills can be called upon to prevent a problem from arising or getting out of control.

Graubard Miller litigation attorneys are experienced trial lawyers who appear in Federal courts, State courts, and arbitration venues throughout the United States, and before various administrative and regulatory agencies. Our litigators include former prosecutors and law clerks to Federal District Court judges.

We work closely with inside legal counsel, business owners, and managers to develop effective litigation strategies, and to implement those strategies. We also develop and make substantial use of alternative dispute resolution methods and techniques.

Graubard Miller attorneys litigate across a broad spectrum of substantive law areas, which encompass:

securities and futures fraud, due diligence, and other securities law claims (including federal securities class actions and shareholder derivative actions);
commercial and securities law arbitrations and mediations;
claims alleging or involving misappropriation of trade secrets, and infringement of trademarks, copyrights, and other intellectual property;
corporate governance issues
disputes involving complex corporate and commercial transactions;
employment disputes, including breach of employment contracts, misuse of confidential information, discrimination claims, and employee raiding;
entertainment litigation;
franchise litigation;
insurance coverage disputes;
real estate sales, construction contracts, leasing and landlord-tenant disputes; and
trusts and estates litigation.

We employ an interdisciplinary team approach in complex matters, and draw upon the substantive law expertise of attorneys who practice in other departments. Our approach permits us to offer considerable depth in asserting clients rights, and protecting our clients from the claims of others.

Our litigation clients include multinational corporations, as well as individuals and small and mid-size businesses.

Alternative dispute resolution ("ADR") can lead to early dispute resolution, and outright prevention of disputes. ADR also can offer significant cost savings and greater control over the dispute resolution process. Graubard Miller attorneys work to shape dispute resolution strategies which best suit client needs. We develop and implement ADR approaches at the earliest possible stage to prevent, contain, manage, and resolve disagreements. In using ADR techniques, our approach is proactive, industry specific, and client specific. Applicable ADR methods include the use of non-binding mediation, court-annexed mediation, working with retired judges to conduct binding mediation and private trials, and voluntary arbitration in a variety of forums. Where ADR does not generate a solution, to achieve client objectives we pursue litigation or contractual arbitration in a manner designed to be cost-efficient, and consistent with client business interests.

Our litigators are highly experienced and respected strategists, trial attorneys, and appellate advocates. Our success in court and in arbitration reinforces our ability effectively to negotiate alternative resolutions of disputes. We apply our ADR experience in areas which include:

Graubard Miller attorneys have extensive appellate experience. We appear before the United States Circuit Courts of Appeal, the New York State Court of Appeals, and Appellate Divisions of the Supreme Court of the State of New York. Our appellate litigation often involves substantial and complex matters, including cases which were tried to verdict by other law firms.

Generational problems, philosophical differences, divergent business goals or simply the loss by a partner of his or her interest to continue to expend efforts on the business, are some of the reasons a successful business can spiral out of control. The fact is, no executive or professional whose career is tied to a non-public entity is immune from the possibility that the owners of the firm or company will have an irreparable break-up.

We are experienced in the essential business areas of business valuation and corporate, partnership and tax law. Our attorneys offer empathy and compassion to clients who are living in the "war zone" or anticipate partner problems down the road. We work with partners and shareholders of privately held businesses in all industries.

We also counsel the dissolution of professional practice partnerships including law firms, dental and medical practices, and accounting firms.

Almost all businesses confront litigation or the threat of litigation. Graubard Miller attorneys have litigated a full range of commercial matters through bench and jury trials. We have managed cases as national coordinating counsel, and handled cases directly in Federal and State courts throughout the United States. We counsel clients on, and litigate, matters encompassing construction of business contracts, intellectual property, insurance coverage, bankruptcy, corporate reorganization, disputes involving restricted securities, and matters involving the Uniform Commercial Code. Graubard Miller attorneys defend employers in disputes arising out of the operation of their business, including real estate, discrimination, and other employment issues.

Complex litigation on behalf of corporations and their officers and directors involves a wide range of substantive issues, which our experienced litigators handle on a regular basis. These issues include:

We are involved in a broad array of significant creditors’ rights cases in a full range of courts, including Federal Bankruptcy Courts, Federal District Courts and State Courts. Our expertise includes matters relating to:

Graubard Miller regularly represents employers and employees in litigation arising out of restrictive covenants that prohibit competition and the solicitation of clients or employees, breach of and tort ious interference with contract, trade secrets and unfair competition. We regularly negotiate employment and severance agreements and render advice to clients to assist them in the drafting and enforcement of employment manuals and policies.

We have been retained to defend actions in state and federal court and in arbitrations brought against public and private corporations involving all types of discrimination, including age, race, national origin, disability and sexual harassment.

Graubard Miller attorneys work with business clients, inside counsel, and other law firms to protect client patents, trademarks, trade dress, trade secrets, copyrights, and other intellectual property assets. We litigate or assist in litigating claims which involve prosecuting or defending patent, trademark, trade dress, copyright infringement, false advertising, unfair competition, and trade secret misappropriation claims.

Graubard litigators are experienced in professional liability disputes regarding:

Graubard Miller represents real estate developers, commercial landlords and real estate investors in a wide range of real-estate disputes, including:

Our attorneys have extensive experience representing broker-dealers, financial institutions, corporations, entrepreneurial enterprises, investment advisory firms, and individual officers and directors in disputes involving claimed violations of the securities and futures laws. Graubard Miller has extensive experience litigating corporate finance, securities, and futures issues. We provide our clients with proactive advice in seeking to avoid litigation. Where claims do arise, we offer cost-effective, aggressive advocacy that is tailored to each client's specific needs.

As part of our securities and futures litigation practice, we represent clients before Federal and State courts, and before federal, state and self-regulatory authorities, including the SEC, NASD, NYSE, AMEX, and CFTC. We defend corporate and individual clients in federal securities class actions, shareholder derivative suits, and in investigations and civil proceedings which the SEC, the NYSE, the NASD, and the CFTC may bring a connection with issues such as insider trading, broker-dealer compliance, and the defense and prosecution of claims arising out of complex derivatives and commodities transactions. Graubard Miller also represents corporations, officers, and directors accused of securities law violations, and prosecutes and defends securities claims in proxy contests, control disputes, and other corporate litigation.

Graubard Miller litigation attorneys handle disputes arising under shareholder appraisal statutes, dissolution statutes, and related provisions of law and contract. We try cases involving valuation of corporate securities, partnership interests, real estate, and other assets. We have examined and cross-examined the country's leading expert witnesses, and are fluent in the vocabulary and techniques of discounted cash flow analysis, direct capitalization, and other methods of and approaches to valuation.

Graubard Miller has extensive probate and estate-related litigation experience which allows us to offer a high level of service not only in litigation forums, but in structuring estate plans designed to address potentially troublesome situations before they arise. Courts have appointed partners of our firm to act as trustee and as guardian ad litem in high-profile probate and accounting proceedings.

We advise and represent clients on a broad range of estate litigation matters, including:

estates of decedents who owned valuable closely-held businesses, important art collections, and substantial interests in commercial real estate;
valuation of assets; and

significant tax issues.

Please see the following practice area:

Trusts and Estates

Trade Secrets and Unfair Competition

In the areas of unfair competition, trademark and trade secrets, including Lanham Act matters, we have represented manufacturing and pharmaceutical companies, broker-dealers, investment banking firms, law firms, other business entities and individuals in litigation, arbitration, negotiations and business planning.

Unfair competition issues that we have successfully handled have been as diverse as:

The recruitment or "raiding" of a competitor's employees
The right of former employees to duplicate computer software of complex investment programs
Claims brought against generic drug companies by "brand name" companies for unfair competition in connection with the sale of generic drugs
Trade secret protection for computer-related materials, customer lists, and client information
Theft of corporate opportunities
Protection of trade names and trademarks
Enforceability of various forms of restrictive covenants and non-competition agreements

Recently, we successfully prosecuted an injunction action against a competitor that was attempting to raid our client's key employees, while also preventing another competitor from thwarting a group of its employees from joining our client.

Representation of Broker-Dealers and Securities Professionals

Recognizing our considerable experience in the litigation of securities disputes, leading securities firms retain us to represent them in a wide variety of cases in federal and state courts, as well as in arbitrations and proceedings before the SEC, NYSE, NASD and various state securities departments.

Our clients include brokerage firms, investment advisors and other financial institutions, and their officers, directors and employees. Our representation has included matters involving shareholder derivative suits, class actions, sophisticated stock and commodities fraud claims, § 10(b) and Rule 10b-5 claims, RICO claims, common law fraud claims, claims arising from Ponzi schemes, sales practice abuses, market manipulation, insider trading, and liquidations of margin accounts