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BUSINESS LITIGATION
Litigation may be the most serious of legal processes, requiring a balance of
fine legal skills and strategic decision making to attain the best result for
a client through trial, settlement or alternative dispute resolution. It is
our practice to keep the channels of communication open so that even the most
hotly contested case can be brought to a favorable conclusion in court or at
the negotiation table. In fact, litigation avoidance may be the most
appropriate strategy for many disputes.
Our attorneys
are recognized for their ability to represent clients in a broad range of
matters in both state and federal court. A number of them are designated by
the New Jersey Supreme Court as Certified Civil and/or Criminal Trial
Attorneys, a status that requires requisite experience, course work, and
written examination.
Our
substantial experience in many areas encompasses national and international
matters including disputes of the following types: complex contractual,
financial, corporate franchise, sales and distribution disputes,
construction, antitrust, commercial fraud, creditors' rights, tortious interference, civil RICO, computer law, unfair
competition, intellectual property and business torts.
Administrative & Regulatory
Our lawyers actively represent corporate and individual clients in regulatory
matters before a broad spectrum of state and federal administrative agencies.
We have particular expertise and experience with the N.J. Casino Control
Commission, the N.J. Department of Insurance, the Securities and Exchange
Commission, U.S. Environmental Protection Agency and N.J. Department of
Environmental Protection.
Alternative Dispute Resolution
In addition to advocating our clients' positions in all types of ADR
proceedings, we are also experienced in functioning as independent neutrals -
mediators or arbitrators - to resolve disputes among companies or individuals
who are not our clients. Both federal and state courts in New Jersey regularly appoint several of our attorneys as
mediators and arbitrators in business and employment disputes.
Antitrust, Trade Regulation & Unfair Competition
In civil and criminal antitrust matters, we have represented both individuals and corporations, their officers and
directors, in federal and state matters involving the universe of competition
issues. Our firm has experience in treating the interconnection of antitrust
and intellectual property law, in providing assistance to clients relating to
federal enforcement guidelines and in coordinating and consulting with other
intellectual property firms.
Bankruptcy and Creditors' Rights
In our capacity as counsel to a number of New Jersey and out-of-state lenders
and other creditors, we are regularly engaged in all aspects of creditors'
rights practice, including foreclosure and asset recovery, lender liability
defense, loan collection and inter-creditor litigation.
Collections & Judgment Enforcement
Collections and judgment enforcement has been an important part of the Firm's
practice for many years. Using our own legal expertise as well as computer
technology and, where appropriate, outside investigators, we have enjoyed a
high degree of success in helping clients recover losses in a timely and
cost-efficient manner.
Construction
We represent owners, contractors, suppliers, construction managers,
architects and engineers. Our practice includes construction and bid
litigation, professional design malpractice, contract drafting and
negotiation, environmental compliance and insurance matters particular to
construction.
Employment
Saiber has particular strength in
defending employers and business executives in state and federal courts,
before federal, state and local regulatory agencies in New Jersey and New York, as well as through arbitration and mediation. The
matters involve defense of discrimination claims based on race, creed, color,
religion, national origin, ancestry, age, marital status, affectional
or sexual orientation, claims of sexual harassment and other allegations of
retaliation, discriminatory or disparate treatment.
Environmental
We have substantial experience in a variety of complex, multi-party
environmental, toxic tort and related litigation. We help our clients through
the unique challenges posed by environmental litigation and the enormous
costs it potentially can impose even on innocent companies. We have a long
history of experience representing our clients in governmental and private
environmental cost recovery and penalty actions brought under CERCLA (the federal
Superfund Law), the Clean Air Act, the Clean Water Act, the New Jersey Spill
Act and ISRA.
Insurance & Reinsurance
The firm has particular depth in insurance related litigation involving
commercial, environmental, marine, professional liability and personal coverages, as well as reinsurance arbitrations. We are
also involved in significant insolvency proceedings and litigation.
Intellectual Property
We have significant experience in virtually every type of intellectual
property litigation. We have represented clients as plaintiffs and defendants
in all types of matters under the Lanham Act, emergency injunction and
litigated matters in federal and state courts involving unfair competition,
trade secret, trademarks, trade dress, dilution, copyright, breach of
confidentiality agreements, employee restrictive covenants, Internet,
E-commerce, "cybersquatting" and website
disputes, false advertising, royalty and licensing, and patent issues
including matters involving antitrust and business tort claims.
Products Liability & Personal Injury Defense
We have an active practice in defending corporate clients in significant
product liability and personal injury actions. Our representation includes
the defense of major industrial manufacturers, machine distributors, chemical
concerns and firearms distributors. The firm also defends major toxic tort
claims and wrongful death actions on behalf of self-insured clients and
insurance companies.
Professional Liability
The firm represents professionals such as attorneys, accountants, architects,
engineers, insurance agents and brokers and others against a wide variety of
malpractice claims. We are approved counsel for professional liability
carriers and are often selected by the professional firms directly.
Sales Contract
Litigation and Counseling
Manufacturers, distributors and resellers
retain our services to assist them in prosecuting and defending against
actions in New Jersey and other jurisdictions arising under Article 2 of the
Uniform Commercial Code. To avoid such litigation, we are often asked to
review, revise and update our clients' sales contracts to ensure compliance
with Article 2 and counsel our clients on the language needed to limit
warranties and remedies under this Article. The attorneys who practice in
this area lecture on these issues, and are familiar with the 2003 uniform
amendments to Articles 1 and 2 and the status of their adoption in the
various states in which we represent our clients.
Securities
The firm represents broker-dealers and individuals in disputes arising from
trading and underwriting activities, as well as defending enforcement actions
by the SEC, NASD and the N.J. Bureau of Securities. We have been appointed by
the court as counsel to the Receiver in one of the largest New Jersey securities enforcement cases brought by the N.J.
Attorney General and Bureau of Securities.
White Collar Criminal Defense
We defend companies and individuals in federal and state grand jury
investigations and have earned an excellent reputation for our work in
business, financial and corruption cases. We defend clients from prosecutions
relating to government fraud, tax fraud, environmental violations, insider
trading, banking and securities fraud. Frequently we are retained by
corporations to conduct internal investigations into possible violations of
criminal law and other wrongdoing.
Saiber attorneys practicing in this area include:
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One Gateway Center 13th Floor
Newark New Jersey 07102-5311
Voice: 973.622.3333 Fax: 973.622.3349 Email: info@saiber.com
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