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

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...

CPLR 3126(3) — The Ultimate Remedy for Willful Failure to Disclose

In two opinions issued on the same day this spring, the First and Second Departments continued a trend of affirming trial court rulings striking pleadings pursuant to CPLR 3126 once a willful failure to disclose is documented. Although the result is severe, both...

Strike – It’s Out!! Striking Unnecessary, Scandalous Pleadings Pursuant to CPLR 3024(b)

Partnership breakups are characterized by counsel as business divorces for a good reason – the venom that permeates some of the cases is largely unrivaled (excepting, of course, matrimonial practice). A hurdle arises when irrelevant anger is included in a...

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Insights

“All For One and One For All” – Application of Joint Privilege

Sep 16, 2021 | Case Study

When preparing a legal opinion which could apply to more than one entity with a joint interest, a good phrase for attorneys to keep in mind is “All for one, and one for all!” In a recent decision from the New York Supreme Court in a billion-dollar case, a plaintiff was able to “share” the...

Waiving the Right to Terminate a Contract

Aug 18, 2021 | Case Study

Waiver is the relinquishment of a known right. Sometimes waiver is explicit. Sometimes, however, waiver results from a party sitting on a breach of contract for years and not treating it as a deal-breaker until it is looking for an excuse to terminate that contract. This sort of bad faith...

Why You Should Be Careful Signing a Release of Claims

Aug 10, 2021 | Insights

When parties are ending a business arrangement, it is common for one side to be asked to sign a release of all present and future claims against the other party. Such releases are contracts and challenging them is always an uphill battle, even where a party is asserting fraud in the inducement,...