Business Litigation in New York

Our litigation team represents a wide range of businesses and their stakeholders, including partners, directors, officers, shareholders, and LLC members.  We advise clients in diverse industries such as finance, technology, media, fashion, real estate, and law.  From small businesses to large corporations, our firm handles complex disputes involving business agreements, fiduciary duties, internal governance, and commercial torts.

We look closely at your circumstances to identify strategies that will resolve disputes.  Sometimes, it may be as simple as sending a demand letter to remind the other party of their obligations.  We often try to pursue solutions amicably through negotiation or mediation.  If that does not work, our litigation team has experience arguing before state and federal courts across the country, in AAA and JAMS arbitrations, international arbitration institutes and other tribunals.

Mediation is a form of alternative dispute resolution aimed at resolving disputes with the help of a neutral mediator, who is a former judge or attorney trained in the process].  Mediation is voluntary, though some contracts require parties to attempt mediation before initiating litigation or arbitration.  The mediator does not decide who is right and wrong or otherwise impose a decision.  Instead, the mediator facilitates discussions and devises frameworks to help the parties reach an agreement.  While this is an out-of-court process, our attorneys represent clients through the mediation process, preparing settlement strategies and helping negotiate resolutions.  If mediation fails, we are prepared to represent you in binding arbitration or litigation.

Arbitration is another private form of alternative dispute resolution.  Like mediation, the parties must agree to the process.  That agreement typically occurs long before the dispute, as an arbitration clause in a contract.  However, arbitration differs in that the arbitrator, again usually a former judge or a trained attorney, renders a binding decision, or “award.”  Binding arbitration is final and enforceable in court with very limited grounds for appeal.  Arbitration follows a structure similar to litigation, but the parties have more flexibility in setting the rules and process.  Our attorneys have extensive experience representing clients before leading arbitration organizations, including American Arbitration Association (“AAA”), the Financial Industry Regulatory Authority (“FINRA”), the Independent Film and Television Alliance (“IFTA”), and the Judicial Arbitration and Mediation Services (“JAMS”).  We advise on arbitration matters involving the International Chamber of Commerce (“ICC”), the London Court of Arbitration (“LCIA), and many other fora.

Whether you are filing a lawsuit or defending against one, having a skilled litigation attorney to represent you through the process is essential.  Litigation requires a deep understanding of both substantive legal issues and procedural rules.  Our attorneys manage all aspects of litigation—from pre-suit analysis and discovery through trial and appeals.  We are mindful of costs and business impact, and we advise clients throughout the process, including when exploring favorable settlements.  We prioritize clear communication and thorough representation in every phase.

Litigation extends beyond the courtroom, involving pre-trial negotiations, discovery, motion practice, trial advocacy, and potential appeals.  At every stage, strict legal procedures must be followed—failure to comply could weaken a party’s case or even result in dismissal.  While aggressively advocating for our clients, we also explore client-approved settlement discussions to achieve favorable resolutions efficiently.  At Romano Law, we prioritize timely communication and expert handling of sensitive legal matters, providing strategic solutions to complex disputes. Our lawyers have experience representing litigants in US federal and state courts across the United States, as well as courts in Canada, and England and Wales.

A contract is a legally binding agreement between two parties, forming the foundation of most business relationships.  A valid contract is established through an offer, acceptance, and consideration, which is something of value exchanged between the parties.  A breach of contract occurs when one party fails to fulfill its obligations.

In New York, a plaintiff must prove: (1) a valid contract, (2) the plaintiff’s performance, (3) the defendant’s breach, and (4) resulting damages.

We handle all types of breaches—minor, material, or anticipatory—and pursue remedies such as compensatory, consequential, and liquidated damages.  We also assist with equitable remedies like specific performance and rescission where appropriate.  Defenses we address include impossibility, lack of capacity, mistake, unconscionability, and illegality.

Defamation occurs when a false statement of fact is communicated to a third party, resulting in harm to someone’s reputation.  In New York, defamation is categorized as either libel (written statements) or slander (spoken statements).  While not every offensive remark rises to the level of legal defamation, the impact on a person’s or business’s reputation can be significant—especially in professional contexts.

To bring a defamation claim under New York law, the plaintiff must prove: (1) a false statement was made about them; (2) the statement was published to a third party without privilege or authorization; (3) the speaker was at fault; and (4) the statement caused harm—or, in cases of defamation per se, that it falls into a category where harm is presumed.

Importantly, New York courts require specific details when evaluating defamation claims—such as when and where the statement was made, and to whom it was communicated.  The statute of limitations to file a defamation lawsuit in New York is one year from the date of publication, though it may reset if the defamatory statement is republished.

Because defamation claims are complex and highly fact-specific, gathering strong evidence early—such as screenshots, witness statements, or a timeline of events—and consulting with an experienced New York defamation attorney can significantly impact your ability to protect your reputation and legal rights.

Copyright infringement carries serious consequences, as unauthorized use of copyrighted material can lead to significant legal liabilities.  The ease of finding and copying online images, where the source of the image is unknown or unconsidered, leads to most modern-day copyright violations.  Copyright owners who suffer financial harm due to infringement have legal options, including cease-and-desist orders and litigation.  Clients whose company or employees used copyrighted material may be contacted or sued by copyright owners.  Our attorneys assist both copyright owners and alleged infringers, ensuring that all valid claims and defenses are considered.

Trademark infringement occurs when another party uses a confusingly similar mark.  We help clients enforce trademark rights under the federal Lanham Act and New York law.  Our services include cease-and-desist efforts, U.S. Patent and Trademark Office filings, and litigation in federal court.  We also defend clients facing infringement claims by raising applicable defenses and pursuing negotiated resolutions.

While registration is not required, it strengthens an owner’s ability to enforce their trademark.  Defendants in infringement cases also have several potential defenses.  Our attorneys have extensive experience representing clients in both prosecuting and defending trademark infringement claims.

Even the most carefully drafted partnership agreements cannot prevent every dispute.  Common issues include breach of fiduciary duty, disagreements over management or profit allocation, and partner misconduct.  Our attorneys work to resolve conflicts through negotiation or formal legal action, including buyouts, dissolutions, or judicial intervention when necessary.

Shareholder disputes can affect a company’s performance and reputation.  We represent minority and majority shareholders, officers, and directors in disputes involving governance, dilution, and mismanagement.

While New York law provides important shareholder protection, rights often depend on corporate documents and shareholder agreements.  We handle disputes strategically to protect equity, maintain operations, and avoid unnecessary disruption.