Litigation

Pre-Trial and Trial Litigation at Federal and State Levels

Lauletta Birnbaum’s approach to litigation is direct, aggressive, proactive, and strategic. We focus early and hard on the integral and dispositive issues of the case. At the same time, we work efficiently to manage costs in accordance with client budgets.

The breadth of experience and diverse practice area expertise of our legal team allows us to engage effectively in virtually any type of litigation.  Our attorneys are well versed in all pre-trial and trial phases of sophisticated litigation at all levels, including proceedings before federal and state courts throughout the country.  In addition, our litigators are skilled in administrative hearings before regulatory agencies, such as the Department of Defense, the FTC,  FINRA, and the United States Patent and Trademark Office as well as all types of alternative dispute resolutions, including arbitration and mediation proceedings.

The substantial courtroom experience of our lawyers enables us to advocate client positions on a wide range of substantive legal issues.  Our attorneys have experience in litigating cases involving contracts, financial matters, shareholder disputes, real property, financial and investment matters, construction, employment claims, personal injury, product liability and intellectual property.

Current and Recent Litigation:

  • Represented a supplier in a claim against one of the world’s largest office furniture manufacturers for breach-of-contract damages in excess of $10 million
  • Represent a software development company against Microsoft Corporation for trademark infringement and unfair competition
  • Represent a pharmaceutical data and marketing company against its direct competitor for commercial disparagement and unfair competition under the Lanham Act
  • Represent a national minority-owned construction company in several breach-of-contract cases involving multiple contracts, each in excess of $1 million
  • Represent a national Voice Over IP (VoIP) company in a large breach-of-contract dispute against one of its distributors
  • Handle all litigation, including employment and contract matters, for the owner of multinational dental management and supply companies
  • Represent a retail pharmacy in a dispute with its national distributor
  • Prevailed in a complex, multi-party toxic tort litigation involving claims for personal injury and property damage resulting in a multi-million dollar settlement
  • Successfully defended a national builder in mold litigation resulting in voluntary dismissal
  • Secured a settlement in excess of $1.5 million in favor of a foreign construction company in litigation against a bonding company and subcontractor
  • Obtained partial summary judgment in action under federal and state environmental laws to recover response costs and obtain equitable remedies to shift liability from the current owner of contaminated property to the prior owners/operators who were equitably responsible
  • Successfully represented a client in a significant eminent domain case of first impression involving proper valuation of contaminated property containing a closed landfill
  • Secured the dismissal of a lawsuit seeking significant damages against a corporate client under the New Jersey Consumer Fraud Act
  • Negotiated a favorable settlement involving a complex employment matter against a dental practice
  • Moved successfully for partial dismissal of a discrimination matter involving issues of public accommodation against a national banking client
  • Prevailed in a non-jury trial involving a complex collection matter for a tobacco supplier. The case resulted in the acquisition of property valued at more than $1.5 million for our client
  • Successfully mediated a claim on behalf of a commercial landlord resulting in a $1.25 million award to our client
  • Represent a nationally recognized mixed martial arts training center in all litigation
  • Represent a national seller and distributor of footwear in a dispute with its web developer
  • Represent an engineer and inventor in a case concerning the rights to patented vending machine technology
  • Represented a major supplier of structural fill material in construction defect litigation
  • Represented a multi-unit franchise owner in a dispute against a national quick service restaurant franchisor
  • Represented a multi-unit franchisee in federal court against a major quick service restaurant franchisor in connection with the franchisor’s product pricing
  • Represented a national car rental franchisor in personal injury and product liability action involving a motor vehicle accident in a foreign country

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