Commercial Litigation
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commercial litigation

Discourage litigation. Persuade your neighbors to compromise whenever you can. As a peacemaker the lawyer has superior opportunity of being a good man. There will still be business enough.” — Abraham Lincoln

In business it’s a given that things won’t always go as planned. No matter how well drafted a document may be, disputes invariably arise. Those disputes need to be addressed and practically worked out. Our basic philosophy is inspired by Abraham Lincoln – before rushing to court our commercial litigation lawyers look for ways to help our clients compromise, resolve disputes to avoid going to court.

Our tempered approach minimizes the burden on our small cap clients. Our clients have businesses to run and will often be unprepared for the distraction or expense of litigation. All too often the only winners in a court will be the lawyers who collect their fees, while plaintiffs and defendants both end up dissatisfied with the results.

Sometimes compromise does not work and there is no choice but to litigate.

When that happens, Brinen & Associates is always ready for the fight. We regularly represent our clients in State and Federal Court nationwide.

We are staunch advocates and gladiators in suits. Each litigation is approached strategically. We first work with our clients to define their goals and objectives up front, and then develop a tactical plan to best achieve them.

We stay true to our firm philosophy by staffing leanly and avoiding unnecessary expense, so our clients are better positioned to endure the rigors of a long campaign.

Over the years our lawyers have successfully litigated many matters for our clients such as:

  • Complex commercial litigation, involving disputes relating to corporate ownership and governance including defending against shareholder class actions and derivative actions;
  • “Corporate divorces” with a particular emphasis on closely held or family-owned businesses, shareholder agreements, franchisee-franchiser agreements, joint ventures, and trademark and copyright;
  • Securities and finance litigation involving federal and state actions and litigation of contested acquisitions and mergers, public offerings, takeovers, and general securities fraud;
  • Employment disputes involving the prosecution or defense of wrongful termination, discrimination and harassment claims and unfair competition matters, such as the recruitment of a competitor’s employees, the protection of customer lists and trade secrets, the theft of corporate opportunities and the enforcement of non-disclosure and restrictive covenants; and
  • Other complex commercial litigation relating to tax, commercial real estate and estates. We have regularly represented corporate clients who operated REITs and REOCs in the commercial real estate sector.