Commercial Litigation

Litigation is a reality – or, at least, a very real threat – to any company doing business today. Therefore, companies need not only be able to access knowledgeable, experienced litigators when the possibility of litigation arises, but figure out what steps are necessary to prevent litigation before it happens.

The members of Schenck, Price, Smith & King’s Commercial Litigation practice group possess a commodity prized among its corporate clients: years of experience trying, not merely litigating or managing, corporate disputes.  In fact, five of our litigators have earned the New Jersey Supreme Court’s prestigious designation as Certified Civil Trial Attorneys.  Only a small percentage of attorneys in New Jersey have the requisite trial experience and have passed the rigorous exam required to receive this distinction.  If a business is facing “bet the company” litigation, there is no substitute for an experienced trial attorney.

Our attorneys have successfully tried fraud claims, partnership disputes, oppressed minority shareholder disputes, contract claims, real estate claims, collection claims and a wide array of other complex and challenging commercial disputes.  Our litigation clients include Fortune 500 companies, some of the largest public entities in New Jersey, as well as prominent, privately held companies and foundations.  For our clients that are closely-held or family-held businesses that have lean, or no, in-house legal capabilities, they can depend on our team of litigators to help manage litigation from inception through resolution.  We offer a realistic assessment of the costs and benefits of litigation.  Our attorneys pride themselves on spending whatever time is necessary to learn the products, sale practices, accounting practices, marketing strategies and nuances that are critical to a business, and we understand how those matters are impacted by litigation.

Equally important, when litigation can be so expensive and labor-intensive, we work with our clients to take the steps necessary to forestall the need for litigation – before it arises.  

We know that clients are constantly thinking about their business, and recognize how important litigation – and its repercussions – can be to the business owner.  So we treat that litigation as if our clients’ business depends on it – because, frequently, it does. 

Services to Clients

Our full service litigation practice, comprising more than one-quarter of the firm’s attorneys, encompasses all aspects of litigation, including:

  • Litigation and trial services
  • Assessment of commercial disputes 
  • General corporate, commercial, and business litigation
  • Creditors’ rights litigation
  • Restrictive covenant and unfair competition litigation
  • Oppressed minority shareholder claims
  • Partnership disputes
  • Real estate litigation
  • Fraud claims
  • Employee theft claims
  • Collection claims
  • Insurance claims and disputes

Representative Matters

Experience counts for a lot, but when a business faces litigation, nothing speaks louder than results.  Following is a sampling of successes we have achieved for our clients.  We:

  • Obtained dismissal of a class action “blast fax” case on behalf of a wellness company in which class action plaintiffs sought $78 million in damages.
  • Represented The College of New Jersey in a successful termination of a delinquent contractor on a $27 million student housing project.  Successfully negotiated an $18.5 million settlement with the contractor and its surety to compensate the College for its construction costs and associated damages.
  • Obtained a $9 million judgment and multi-million-dollar recovery in a complex fraud, RICO, and professional malpractice claim on behalf of a closely held corporation victimized by employee theft.
  • Successfully defended a trade association of insurance agents in a case in which several agents were found responsible for a $9 million judgment.  Represented the trade association as a “friend of the court” on successful appeal, resulting in complete dismissal of the case against the agents.
  • Tried and obtained a “no cause” jury verdict in favor of a Fortune 500 corporation accused of fraud and of maintaining corrupt procurement and bidding processes that allegedly resulted in millions of dollars of damages.
  • Successfully defended, up to the New Jersey Supreme Court, one of the world’s largest charitable foundations against an action in which a citizens’ group attempted to limit the foundation’s ability to manage and dispose of its assets.
  • Obtained on behalf of the New Jersey Schools Development Authority a multi-million-dollar settlement against the Authority’s architect, project manager and general contractor in connection with a school construction project.
  • Successfully defended, tried and achieved favorable settlement for one of New Jersey’s largest engineering firms, which was alleged to have oppressed one of its shareholders.
  • Prosecuted to a successful conclusion a binding, privately arbitrated partnership dispute among medical professionals who accused each other of illicit use of controlled substances, engaging in inappropriate conduct with patients and blackmail.