Business Litigation Practice Group

Overview

The business world is fast-paced, and getting faster. Disputes involving your business may arise unexpectedly, threatening your operations and bottom line. Whether you’re dealing with contract breaches, partnership disagreements, or regulatory challenges, you require top-notch professionals to represent your interests. Becker has those attorneys.

Our team understands business laws that enable us to navigate the facets and angles for various disputes. We stay current on the latest legal trends and regulations to keep you and your business on the right track with the best legal strategies.

Tailored Legal Strategies

We recognize that every business dispute is unique. Our team takes the time to assess your specific situation, developing customized strategies that align with your goals and protect your interests.

From the initial assessments and negotiations to litigation and appeals, Becker has you covered with the full spectrum of services necessary to execute the strategy to resolve your business disputes.

We will help you navigate the business dispute maze with confidence and expertise. With you and Becker working together, we can work find the best resolution that supports your business’s growth and success.

Our lawyers are widely recognized by their peers in the profession for their achievement. As an example, many of Becker’s Florida litigators are Board Certified by the Florida Bar and noted experts in their practice areas including Business Litigation, Civil Trial, Appellate, and Construction Law.

Becker obtained the recent dismissal of an indictment against a prominent Lakewood rabbi after a nearly decade-long prosecution and retrial. Rabbi Osher Eisemann, the founder of Lakewood’s School for Children with Hidden Intelligence, was indicted in 2017, accused of stealing public funds from the school’s bank account. The Becker litigation team served as co-counsel in this month’s retrial. The trial team successfully argued that the state brought its charges against the rabbi without consulting a school bookkeeper who, after Eisemann’s first trial in 2019, admitted to making the error while balancing the books. The Court’s ruling fully exonerated Eisemann, who has dedicated his life to the protection and care of severely disabled children. State v. Eisemann, Superior Court ,Middlesex County New Brunswick New Jersey
Becker’s client sued a private school to recover damages related to breach of contract, unjust enrichment, negligent hiring, retention, supervision, and direction, and negligent infliction of emotional distress. Becker’s client’s son attended the private school where teacher chaperoned a school trip to South America in 2020 in which the son participated. On the trip, the teacher allegedly bullied and harassed the son. As a result, the son withdrew from the school. The private school moved to dismiss the complaint which was granted in December 2021. The plaintiffs appealed the dismissal and on May 1, 2024, the Appellate Division, Second Department reversed the lower court’s determination and reinstated the causes of action relating to gross negligence including negligent hiring, retention, supervision and direction, and negligent infliction of emotional distress. Soloviev v. Ross School, State of New York Appellate Division 2d. Dep’t(2024).
Becker’s New Jersey Litigation Team secured a six-figure victory against national homebuilder Toll Brothers, Inc. for construction defects. The clients experienced construction defects in their new home located in the Reserve at Franklin Lakes, in Bergen County. Problems included pervasive issues with the first and second flooring. Various other structural issues were named in the complaint, including floor bracing and window placement. Throughout the four-day hearing, the Becker team presented testimony from multiple witnesses, including expert analyses on behalf of both parties. The arbitrator’s ruling attributes the defects to structural flaws, stemming from improper construction, leading to the full award of damages to the client. Anar Properties v. Toll Brothers et al, American Arbitration Association, 2024
Becker recently achieved a resounding victory on behalf of our client – a U.S. corporation involved in the telecommunications business in Mexico – who had been sued by a former advisor seeking $3.8 million in success fees relating to a corporate financing. Becker litigators navigated sophisticated international financial transaction and finder’s fee regulations to address the case’s main points involving breach and anticipatory repudiation of two different contracts, as well as indemnification for attorneys’ fees. After two years of contentious litigation and a trial in the Southern District of New York, the Judge granted judgment in favor of Becker’s client and awarded no damages to the plaintiff. New York Bay Capital LLC v. Cobalt Holdings, Inc. SDNY 2022.
Becker’s strategic advocacy secured a resolution for a developer seeking final approval for a $60 million construction project. The City of Sanford rejected the financing arrangements and site plan, delaying the development.
Successfully represented CenClub – with more than 8,000 units – in a critical governance dispute involving recreational facilities serving multiple large homeowners’ associations. CenClub sued a property owner with four residences for failing to pay required maintenance fees, which fund the facilities’ upkeep. The defendant challenged the claims by alleging corporate irregularities, improper voting, and other defenses aimed at invalidating the governance documents. With the recreational rights of all unit owners at stake, our firm secured a decisive jury trial victory for CenClub, preserving its authority and ensuring continued access to the facilities. Cenclub v. Montague.
Successfully defended a quick-serve restaurant in securing forgiveness for its $12,000,000 Paycheck Protection Program (PPP) loan. After initially receiving the loan during the pandemic, the Small Business Administration later determined the client was ineligible and denied forgiveness. Becker appealed the decision to an administrative law judge, successfully reversing the eligibility determination and ensuring our client received the full benefits of the PPP loan.
Obtained a dismissal of complaint for a foreign government in a dispute before the U.S. Department of Transportation (DOT) regarding fees imposed on domestic companies, successfully challenging these fees as excessive and discriminatory. Defended client’s sovereign right to charge the fees, demonstrating the fees were applied uniformly and aligned with international practices. The DOT ultimately dismissed the complaint, affirming the client’s authority.
Obtained a ruling by the Fourth District Court of Appeal in Raiser-DC, LLC v. B&L Service, Inc. and Broward County, Florida, which held that Broward County was required to disclose information about Uber’s operations at the Fort Lauderdale-Hollywood International Airport, despite Uber’s claims that the records were trade secret information and exempt from Florida’s Public Records Act.
Obtained a $3 million jury verdict against a high-rise residential developer for breach of warranty claims, that was trebled to $9 million under the New Jersey Consumer Fraud Act, in Grandview At Riverwalk Port Imperial Condominium Association, Inc. v. K. Hovnanian At Port Imperial Urban Renewal II, LLC.
Obtained a jury verdict for compensatory and punitive damages in the amount $11,906,171 against four bulk-buyer-related, former condominium association directors under claims of breach of fiduciary duty based on actions taken by the former directors that were contrary to the interests of the association and its owners, in Shores of Panama Resort Community Association, Inc., Plaintiff, v. Solly Halberthal, Isere Halberthal, Joshua Ostreicher, and Jay Glatter, Defendants.
Obtained a permanent injunction against the City of Fort Lauderdale prohibiting it from implementing a lease with a developer to build a water park on City land because the City failed to submit the contract for competitive bidding, in Premier Parks, LLC. v. The City Of Fort Lauderdale. Subsequently, our client became the successful bidder for the water park.
Obtained a ruling by Fourth District Court of Appeal in Lyons v. Lyons, which held for the first time that a married grantor of homestead property cannot challenge the deed she signed without joinder by her husband because she lacked standing to do so.
Prevailed on appeal on behalf of a transportation service provider in a bid protest dispute arising out of Broward County’s award of a shuttle bus contract for Fort Lauderdale-Hollywood International Airport, in Academy Express, LLC v. Broward County.
Prevailed on appeal on behalf of a residential land developer where the court held the developer was exempt from the disclosure requirements under the federal Interstate Land Sales Full Disclosure Act (ILSFDA) statute, in Van Hook v. The Residences at Coconut Point.
Prevailed at trial and on appeal on behalf of a real estate developer in a breach of contract suit against famed boxing promoter Don King regarding a parcel of property located in Palm Beach County, in DK Arena, Inc. v. E.B. Acquisitions I, LLC. The decision affirmed the trial court’s finding that Mr. King breached obligations in a dispute concerning a $23-million purchase and sale agreement for real estate. This case also firmly established the precedent that detrimental reliance upon verbal representations in the context of a real estate transaction can, under certain circumstances, overcome the statute of frauds.
Represented several thousand investors in a securities fraud and Interstate Land Sales Act (ILSFDA) class action against a publicly traded home builder and affiliates alleging fraud in connection with the sale of new homes as pre-leased investment properties, in Sewell v. D’Alessandro & Woodyard, Inc. The class was certified and the firm was approved by the court as class counsel. The certified class included 2,000 – 4,000 individuals. The case settled following four years of contentious litigation and considerable motion practice resulting in a substantial payment to the class.
Prevailed on behalf of the purchaser of assets from a bankruptcy estate in an adversarial bankruptcy matter authorizing the purchaser’s acquisition of assets from the trustee, in In re Chira.
Represented a national class of consumers against a wireless phone insurer, alleging that insurers demanded unreasonable deductibles on phone protection policies, failed to adequately inform that refurbished phones were available and provided replacement phones that cost less than deductibles, in Perez v. Asurian Corporation. The Court approved a class action settlement providing for improved disclosures, improved claims administration procedures, monetary relief, and additional subclass relief in the form of vouchers redeemable for a free phone.
Obtained an appellate court ruling that government officials enjoyed qualified immunity from suit based on officials’ land-use determinations concerning the interpretation of a comprehensive land-use plan, in Southwest Ranches v. Kalam, (2009). The Court held that the qualified immunity doctrine applied to officials at the earliest possible time, prior to having to incur an expense of defense including discovery. The Court based its application of the immunity doctrine on objective standards, concluding that the official’s intent was irrelevant to the application of the doctrine of immunity.
Successfully defended the City of Hollywood and a real estate developer, with vested rights, from constitutional challenges brought by a citizens group relating to the City’s review criteria for development approval, in Friends of Great Southern, Inc. v. City of Hollywood (2007).
Prevailed on behalf of property owner seeking disbursement of loan proceeds in action brought by mortgage broker, seeking to freeze loan proceeds as security in commission dispute, in Cohen Financial, LP v. KMC/EC II/LLC, 967 So. 2d 224 ( Fla. 3rd DCA 2007).
Prevailed on behalf of client seeking reversal of trial court judgment holding individual personally liable, in Penichet v. American Recruiters Consolidated, Inc., 929 So. 2d 738 (Fla. 4th DCA 2006).
Defended a $400-million lawsuit by the FDIC against third-party providers for bank fraud.
Represented a multi-billion-dollar federal bank in trademark enforcement and domain dispute matters. The firm successfully litigated a range of claims including the infringement of the bank’s registered trademark, false designation of origin, cyber-piracy, unfair competition, and deceptive and unfair trade practices.
Successfully represented one of the named former directors of Banco Latino in an action brought under the RICO statute, in U.S. District Court, by the Government of Venezuela. The firm obtained personal jurisdiction in Florida over a Mexican telecommunications company in an action brought by a U.S. citizen.