Mindful of the costs and interruption to business that litigation brings, Goldberg Segalla aims to avoid it whenever possible by employing creative and results-oriented pre-suit negotiations and pre-answer motions to resolve disputes before they become full-fledged litigations.
However, when litigation becomes necessary, our trial-tested commercial litigation lawyers utilize business-minded strategies designed to achieve our client’s desired outcome in the most effective and expeditious way possible. We draw on our decades of collective experience handling commercial disputes of all sizes for businesses, senior executives, investors, financial institutions, and nonprofits in complex matters that often span a multitude of jurisdictions.
Our team is defined by federal and state litigation and courtroom experience matched with creative and collaborative cost-efficiency. Other hallmarks include:
- Bench strength across our national footprint, including in California, Connecticut, Delaware, Illinois, Florida, Maryland, New Jersey, New York, North Carolina, and Pennsylvania
- Collaboration with a team of corporate and transactional attorneys that are able to handle the corporate and transactional needs of start-up, mid-cap, and large companies in a wide-range of industries and on a nationwide basis
- Prominent construction litigation attorneys
- Trademark and copyright attorneys
- Ability to close high-value commercial real estate transactions
- Proven experience conducting internal investigations
- Experience in derivative claims litigation
- In-house e-discovery practice
Recognized for Commercial Litigation Leadership
Based on our team’s successful record in jurisdictions nationwide and testimonials from long-term clients and peers, Goldberg Segalla and our commercial litigation lawyers continually earn placement in the premier annual rankings of elite lawyers and law firms across the country, including Chambers USA, Best Law Firms, and the Best Lawyers in America. While recognizing our Commercial Litigation team as a whole and individual lawyers, Chambers has noted our firm is known for its “large commercial litigation team with experience across a breadth of contentious business matters,” that we are “well placed to represent clients from a broad range of industries and sectors, including financial services, construction, retail and energy.”
Highlighting our leadership in these areas, Goldberg Segalla’s business litigation lawyers are regularly asked to author and present on trends in resolving complex commercial disputes. We have been featured in publications such as Global Arbitration Review, Mealey’s International Arbitration Report, and DRI’s The Voice, and have spoken at national conferences put on by National Arbitration and Mediation, the American Bar Association, and other prominent business and legal organizations.
Our effectiveness stems largely from the exceptional collective experience of our 75-plus-member team, in which many draw on their experience serving as in-house counsel for some of the world’s largest and most successful companies.
But dig deeper and talk to clients who have trusted us with their legal needs for years, and you’ll find our record of success also springs from a firm-wide culture that values collaboration over competition. Our systems reward efficient service rather than hours billed, resulting in an extraordinary commitment to understanding each client’s business thoroughly and providing legal work that is not only exceptional, but also mapped out strategically to help clients meet both short-term and long-term objectives.
When facing litigation, industry knowledge matters. Our litigators have experience representing clients across a broad range of industries, including banking and financial services, pharmaceuticals, technology, communications, renewable and traditional energy, insurance, consumer products, construction, retail, food and beverage, and manufacturing. Throughout proceedings, we partner with each of our clients to ensure our litigation strategy is always aligned with their best interests.
That’s why clients think of Goldberg Segalla as a trusted partner, protector, and extension of their core decision-making team — the first one to call in any time of need, and the one looking out for your interests when industry or legal developments outside your awareness could put your business at risk.
Experience Highlights
Our commercial litigation lawyers represent both plaintiffs and defendants through trial in state and federal courts nationwide, as well as in alternative dispute resolution forums and administrative tribunals. We frequently represent clients in commercial arbitrations before the American Arbitration Association (AAA), International Chamber of Commerce (ICC), and Society of Maritime Arbitrators (SMA), among other well-known arbitration and mediation entities.
Further emphasizing our command of highly nuanced ADR procedure, several Goldberg Segalla partners serve as mediators, neutrals, and factfinders in various jurisdictions. Examples include a member of the International Institute for Conflict Prevention and Resolution’s Panels of Distinguished Neutrals, ARIAS-U.S. Certified Arbitrators, and a Certified Federal Court Mediator.
Regardless of the forum, our litigators efficiently and proactively represent client interests in complex litigation matters and arbitration proceedings involving:
- Breach of contract
- Partnership dissolutions
- Breach of fiduciary duties
- Commercial fraud
- Commercial defamation
- Corporate governance
- Construction contracts
- Mergers and acquisitions
- Theft of trade secrets
- Unfair competition
When investors threaten company executives or boards with shareholder derivative or class-action lawsuits, Goldberg Segalla offers experienced counsel and proactive defense. Our commercial litigation attorneys have defended matters involving claims and allegations of:
- Accounting malpractice and adherence to generally accepted accounting principles (GAAP)
- Antitrust and unfair competition
- Breach of Duty of Care
- Breach of Duty of Loyalty
- Compliance with the Robinson-Patman Act and related matters
- Compliance with the Sherman Act, Clayton Act, and Federal Trade Commission (FTC) Act
- Failure to address violations of environmental regulations
- General regulatory concerns
- Monopolization and cartels
- Unsuitable Mergers and Acquisitions
- Wage and hour
- Workplace safety
- Other state and federal rules and regulations
We resolve complex, high-exposure commercial and fraud-based disputes on behalf of businesses and their executives and board members. This involves:
- Conducting pre-suit investigations and pre-trial settlement negotiations
- Defending against regulatory investigations and enforcement by state and federal agencies
- Litigating or arbitrating any dispute that cannot be resolved through negotiation or mediation in cases involving single-plaintiffs or class actions, as well as derivative actions
- Advising on litigation and regulatory risk, conducting internal investigations, and providing training to avoid pitfalls that can lead to litigation and regulatory action
- Providing data privacy regulatory guidance on compliance with the evolving requirements placed on companies and their officials in various industries to protect their networks and data
Goldberg Segalla real estate attorneys counsel clients on the acquisition, use, and sale of real property and represent their interests in litigation and disputes, with a focus on multi-state real estate litigations and title disputes. This practice includes:
- Reviewing title reports and clearing title exceptions
- Mortgage fraud, fraudulent real estate conveyances, and forgeries
- Advising on commercial and residential defaults and mortgage disputes
- Lender underwriting procedures and title agent’s due diligence
- Bankruptcy proceedings involving motions to lift stays and adversary proceedings
- Expert opinions in bad faith litigations
- Tax proceedings and representing municipalities
- Representing developers and property owners in actions concerning land use and zoning
These real estate litigators have particularly deep experience in handling seven-, eight-, and nine-figure title disputes; litigating complex consumer finance claims on behalf of banks, mortgage lenders, and mortgage services; and representing large developers in land use claims, including the disputes touching on the full spectrum of concerns related to transactional and environmental due diligence. Click here to learn more about our teams dedicated to Real Estate Litigation and Title Disputes and Land Use.
Goldberg Segalla commercial litigation lawyers defend and counsel professionals, shareholders, nonprofit boards and board members, and corporate directors and officers in white collar criminal matters and government investigations. These services include:
- Consumer Fraud
- Criminal and civil antitrust violations
- Enforcement Actions, including FINRA investigations and SEC inquiries
- FCPA and Anti-Bribery Compliance
- Health care fraud
- Insurance fraud
- Internal Investigations
- Public Corruption
- Regulatory Compliance
- Securities fraud and insider trading
- Tax evasion
- Violations of the Foreign Corrupt Practices Act and other anti-bribery statutes
- Violations of the Investment Company Act and the Investment Advisers Act
- Violations of the Robinson Patman Act
- Violations of U.S. Treasury regulations
Learn more about our capabilities on the White Collar Defense and Government Investigations practice page.
Recent legislation and legal developments have led to increased attention on antitrust and competition issues in business. As a result, legal advice and representation on issues of business competition and related regulation is increasingly important for companies looking to grow and compete in a rapidly evolving, global marketplace.
The Corporate Services and Commercial Litigation team represents corporations and business ventures across multiple industries in all civil and criminal legal issues arising from alleged anticompetitive practices. We work closely with clients to identify potentially anticompetitive practices, and help them avoid litigation when pursuing mergers and acquisitions or devising sales and distribution policies.
When dealing with antitrust and competition litigation, our experienced business litigation lawyers recognize the nuances of antitrust matters (such as the difficulties in distinguishing between aggressive competition and monopolization), and we acknowledge the tremendous burdens placed on clients by antitrust and unfair competition claims in both the civil and criminal contexts. We keep ourselves and our clients informed on developments in the law and trends in enforcement. And, because of our firm’s collaborative culture, we’re able to work with attorneys in our Intellectual Property, Litigation and Regulation, and other teams, to leverage the maximum experience and power for our clients, without driving up legal spending.
As a result, our antitrust and competition team has been successful across multiple jurisdictions in state and federal practice, domestically and internationally, at achieving timely, cost-efficient results for our clients.
We advise clients regarding a full range of antitrust and competition issues, including:
- Antitrust and unfair competition litigation
- Class actions and shareholder derivative cases
- Compliance with the Robinson-Patman Act and related defense litigations
- Compliance with the Sherman Act, Clayton Act, and Federal Trade Commission (FTC) Act
- Distribution and pricing issues
- General regulatory concerns
- Intellectual property concerns
- Mergers and acquisitions
- Monopolization and Cartels
- Price-fixing claims
Our commercial litigation lawyers have broad restructuring and litigation experience as well as a comprehensive knowledge of state debtor-creditor laws and federal bankruptcy law. We counsel creditors, trustees, official and ad hoc committees of creditors, corporate debtors, purchasers of distressed assets, financial institutions, manufacturers, developers, retailers, mechanics’ lien claimants, and judgment creditors in all aspects of federal bankruptcy, receiverships, insolvency, state law assignment for the benefit of creditors, and collection law.
Learn more about our capabilities on the Bankruptcy, Restructuring, and Creditors’ Rights practice page.
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