Before joining Goldberg Segalla, Courtney Darmofal was working as an attorney for a major insurance company, representing drivers involved in motor vehicle accidents.

Eager to expand her practice, Courtney used the experience gained in that arena to shift into more complex personal injury defense work that reached beyond car accidents. It was a career move, she said, driven by her interest in “the nitty-gritty of contracts” – something that doesn’t come up very frequently in a standard motor vehicle accident case.

These days, that interest in the “nitty gritty” is certainly serving Courtney well at Goldberg Segalla, where she’s fast ascended to partner in the firm’s Commercial Litigation and Arbitration practice group, defending clients that include major national retailers, transportation companies and commercial developers.

“A lot of the work that I do I find to be really important because we’re representing, at the end of the day, not only some larger companies, but a lot of small businesses that really have an impact on their communities,” she said. “How their litigation turns out really has an impact on their day-to-day business.”

Much of the time, Courtney’s work begins after something’s gone wrong – and in some cases, disastrously so. However, she also advises clients on ways to mitigate risk, oftentimes through the review of leases and contracts and the details within.

“When it comes to leases, there are a few things that are really important that come up in almost every case, and that is ‘the common elements’ and how they’re defined and who’s responsible for them under the lease,” said Courtney. “You’d be surprised how many leases there are where it’s not clear – for example, a sidewalk – whether it’s in the common area or if it’s outside of a common area. It seems like splitting hairs, but it’s really not, because at the end of the day, when someone slips on that sidewalk, we’re going to look at the lease and see who’s responsible for that area. It’s very important that we make sure that the lease agreements specify exactly where the common areas are, and who’s responsible for what in those common areas. And to that end, it’s important that the leases define what the ‘common elements’ are.

“When it comes to agreements,” Courtney added, “generally the most important contractual provision is an ‘indemnification provision.’ New Jersey law is very clear on which indemnification provisions are enforceable and not enforceable. So, from our perspective, having a good indemnification clause is critical. It should be something that you’re looking at in every single contract that you enter. New Jersey courts are very clear on enforcing the terms of a contract, and furthermore, a written contract. So, it’s really important that you look over that contract with a fine-tooth comb. The theory of liability is some form of contractual liability. So, what’s in those contracts is critically important.”

An accomplished litigator who’s also prevailed in oral arguments before New Jersey’s Appellate Division, Courtney is particularly skilled when it comes to defending clients by strategically analyzing opportunities for shifting risk to other parties, thereby delivering favorable outcomes for those she represents.

“The cases that I handle,” said Courtney, “have a lot of moving parts and a lot of moving defendants. Often, it’s a matter of multiple people having different responsibility. In cases that involve multiple contractors and subcontractors, as many of our cases do, it comes down to looking at the terms of the contract.”

In one such case highlighting that ‘shifting risk’ strategy, Courtney represented a major retailer who was named as a third-party defendant in a lawsuit brought by a plaintiff whose purchase of custom cabinets went awry. After studying the contract, Courtney was able to show that under the terms of the agreement entered with the manufacturer, our client did not breach any duty to the plaintiff as a matter of law. Thus, Courtney then filed a motion for summary judgment seeking dismissal of all claims and crossclaims against the retailer, which the court granted. The judge in the case noted too that given the plaintiff’s suit also naming the manufacturer, a party still existed from whom the plaintiff could recover damages.

For commercial developers and others, said Courtney, mitigating risk and protecting yourself often comes down to knowing what’s in a contract you’ve entered into and understanding the terms under which you are responsible in the event something happens.

“For many of my clients,” Courtney said, “many of the businesses they’re in involved in require them entering a contract that’s effectively a ‘contract of adhesion.’ And what that means for the layperson is, it’s kind of a ‘take-it-or-leave-it’ contract. Unfortunately, many of the businesses that are out there are in that position in order to get business. That’s just the way it is. But there are things that you can still do to protect yourself in that situation. Some of it may be carefully combing through the contract and asking for clarification. But the other part of that is to have routine, ongoing written documentation between yourself and your contractor so that you can very clearly establish what your duties are under a contract and that you have confirmation from your contractor. This is critically important.”

With Goldberg Segalla’s nationwide reach, its deep roster of experienced and highly skilled attorneys and its reputation for providing the gold-standard in client service, Courtney said both she and the firm are uniquely positioned to ensure clients are poised for success.

“With respect to what I provide for the client, I think that my skills in case management exceed other attorneys,” she said. “I offer a distinctive skill set and the ability to manage other attorneys who don’t work for the firm so that we can get cases settled. Sometimes, that’s what you need for a case to move along so that the client can get a matter settled and not have to deal with it every day.”

“With Goldberg Segalla, our attorneys really drive cases,” Courtney added. “If the court says to do something, we’re the ones who organize, we’re the ones who step up. A lot of the partners I’ve worked with, they’re very proactive in how they handle their cases and in responding to the court, which is very, very important. It’s also very important to our national clients that we have 23 offices and provide counsel in jurisdictions across the country.”