NEW YORK COMMERCIAL
LITIGATION ATTORNEYS

How We Help Our Clients

The Long Island-based Commercial Litigation attorneys at Barnes & Barnes, P.C. pursue complex business claims in the Commercial Division of the New York State Supreme Court, Federal Court and various arbitration forums. Many of our clients are immersed in complex disputes. Nonetheless, our decades of experience in Commercial Litigation helps us deliver pragmatic strategies to achieve solutions which align with the client’s business objectives. In that regard, we achieve timely and relevant results on a cost-effective, results-oriented matter. We invite you to explore our website and learn why our sage advice and tenacious advocacy constitutes a key client asset.

DISPUTES
BETWEEN
BUSINESSES

BREACH OF
CONTRACT

FRAUD &
FINANCIAL
MISCONDUCT

INTERFERENCE
WITH BUSINESS
RELATIONSHIPS

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Case Studies

What to do When a New York Based Client Gets Sued Out of State

In E3 Innovation Inc., et al. v. DCL Techs. Inc., et al., No. CV-21-01141-PHX-DWL, 2021 WL 5741442 (D. Ariz. Dec. 2, 2021), the United States District Court for the District of Arizona recently dismissed an action for lack of personal jurisdiction against three...

PGA Capital LLC v. Toman – Defendants Do Not Have an Easement in Their Former Waterfront Lot

As seen in the New York Law Journal Upon the efiled documents numbered 37-50; 52-55; and 58, it is ORDERED that plaintiff PGA Capital LLC’s motion for an order pursuant to CPLR §3212 granting summary judgment pursuant to RPAPL 1501(1), canceling and discharging the...

An Alternative to Arbitration via Commercial Division Rule 9

In late 2018, the First Department’s decision in Daesang Corporation v. The NutraSweet Company, 167 A.D.3d 1, 85 N.Y.S.2d 6 (1st Dep’t 2018) refused to vacate a $100 million arbitration award premised upon a purported manifest disregard of law, confirming that: ...

Speed & Efficiency – The New Norm for Commercial Division Cases

With the recent adoption of new Commercial Division Rules, and several others proposed and open for public comment, practicing in the Commercial Division is likely to become more akin to Federal Courts, adding greater speed and efficiency to the litigation process. In...

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Insights

A Lesson in Avoiding Dismissal and Potential Sanctions in Maryland Federal Court

May 4, 2022 | Insights

A complaint missing key factual pleadings and setting forth bare legal conclusions masquerading as facts was recently dismissed in a scathing opinion by the Maryland Federal Court in Temescal Wellness of Maryland, LLC T/A Evermore Cannabis Company, v. Faces Human Capital, LLC, et al., No. CV...

Trade Secrets May Remain Secret in Perpetuity

Apr 28, 2022 | Insights

While a former employer cannot impose a non-compete restrictive covenant against an ex-employee in perpetuity, the recent case of Coeur, Inc. v. Wygal, No. 6:20-CV-06473 EAW, 2021 WL 4225657 (W.D.N.Y. Sept. 16, 2021) has shown that trade secrets can indeed remain secret forever. By way of...

The Implied Covenant of Good Faith and Fair Dealing

Apr 21, 2022 | Insights

Sometimes, a breach of contract claim is not enough, especially when presented with a bad faith scheme to undermine the deal which founded the contract. In the recent decision in Healthy Lifestyle Brands, LLC v. Env't Working Grp., No. 20 CIV. 1098 (ER), 2021 WL 4459458, at *1 (S.D.N.Y....