Commercial Litigation

Levy Phillips & Konigsberg, LLP, applies the same result-driven approach that is the cornerstone of its mass tort practice to its Commercial Litigation Section. In keeping with the methodology used in its other practice areas, LPK prepares and litigates each commercial case as if it will be tried to verdict and defended on appeal. From the outset, trial lawyers cooperate with the firm's appellate lawyers to prepare litigation strategies for any stage that a case may enter. This team approach helps the firm maximize the settlement value on its cases, but sometimes winning a judgment or successfully handling an appeal is not enough.

The Firm is also committed to following up on judgments to ensure that its clients receive a full recovery. For example, in a case involving a dispute between former partners at an investment banking/brokerage business, the Commercial Litigation Section obtained a multi-million dollar verdict, which was successfully defended on appeal. After the defendant tried to conceal assets from rightful collection, LPK located the defendant's assets in a foreign country and commenced enforcement proceedings there. In similar matters, the firm has pursued other commercial defendants through garnishment and bankruptcy proceedings.

The Commercial Litigation Section has a substantial and varied caseload. With regard to corporate litigation, the firm has dealt with issues including:

• Director & officer fiduciary duties;
• Asset valuations;
• Solvency determinations;
• Appropriateness of issuing dividends;
• Adherence to generally accepted accounting principles;
• Aiding & abetting liability of third party professionals;
• Entitlement to corporate tax benefits;
• Successor liability/corporate veil piercing;
• Reliance on the business judgment rule;
• Sufficiency of public filing disclosures.

The Commercial Litigation Section also litigates insurance coverage disputes. In identifying, pursuing, and maximizing the available insurance proceeds that will compensate our clients, LPK has handled precedent setting cases involving issues such as the validity of exclusion claims, and the validity of "stacking" consecutive premises insurance policies in lead paint and asbestos cases.

LPK’s Commercial Litigation Section has also brought class action lawsuits to seek redress for commercial wrongs suffered by large numbers of people such as phone call recipients who are charged exorbitant rates which are used as “kick-backs”, credit card holders who are the victims of consumer fraud at the hands of insurers, and automobile insurance policy holders who are rated improperly under their policies. In doing so, LPK has successfully defended its cases against defenses such as the Filed Rate Doctrine and the Primary Jurisdiction Doctrine.

Drawing from its experience as a plaintiff's firm, Levy Phillips & Konigsberg, LLP assists corporate clients in defending themselves in environmental and product liability litigation. The firm has advised national corporations on claims brought against them and has helped major companies assess their claims against manufacturers for product defects.

Flexible Fee Arrangements

While the Firm does represent clients on a pure time billing approach, LPK, unlike many firms that represent commercial clients, is flexible. If we believe in the client's purpose and potential legal position, we will work with the client to fashion a mutually agreeable compensation arrangement so that the shared litigation objective will be achieved.

For more information, please call 212.605.6200 or submit a confidential email inquiry (see form above).