Business Litigation

Phillips Lytle’s Business Litigation attorneys represent businesses facing significant antitrust issues. Some of our most notable cases involve Sherman Act Section 1 and 2 claims, as well as New York General Business Law Section 340 claims, Robinson-Putman Act claims and the Federal Trade Act. Our attorneys provide antitrust compliance advice to businesses across many industries, including health insurers, public utilities, franchisors and medical service providers.

For more than 40 years, Phillips Lytle has assisted finance companies dealing with automobile dealership defaults, work-outs, terminations, foreclosures, replevin of collateral, bankruptcy proceedings, and the pursuit of dealer and guarantor obligations. Our team of experienced partners and associates also handle dealership consolidations, buyouts and mergers, and prosecute and defend claims arising out of those transactions.

Phillips Lytle boasts a wealth of experience providing lenders with thorough and effective representation. Our understanding of the financial services industry ensures our clients receive the representation they need in defense of the business dispute they are facing.

Our Business Litigation attorneys’ expertise in commercial settings and business law comes from a long history of success dealing with cases involving financial transactions, insurance, manufacturing, product distribution, employment relationships, professional services and more.

Business torts encompass a wide and diverse set of legal disputes, including breach of fiduciary duty, conversion, defamation, disclosure of confidential information, embezzlement, employee disloyalty, fraud, fraudulent or negligent misrepresentation, interference with contractual relations, professional misconduct, trespass, theft of trade secrets, trade libel and unfair competition.

Our Business Litigation Team has successfully resolved these disputes in bet-the-company litigation; complex commercial disputes; disagreements arising from the purchase or sale of a business; improper actions by employees, shareholders, partners, disgruntled activists, competitors and government regulators; business transactions, contract breaches and technology disputes; breakdowns in internal controls; and workplace investigations. We also assess and address the collateral impacts of the misconduct and the dispute—including customer or shareholder relations, public opinion and government oversight.

Phillips Lytle Business Litigation attorneys have an impressive history representing owners, architects, general contractors, subcontractors and material suppliers in a host of construction litigation matters. Our attorneys represent clients in need of negotiation, mediation, arbitration and litigation.

The Consumer Finance Defense Litigation attorneys at Phillips Lytle have extensive experience representing clients facing individual and class action cases brought under a wide variety of federal and state consumer finance and consumer fraud laws, including the FCRA, FDCPA, TCPA, FCBA, TILA, Reg. Z and New York’s GBL 349. Our attorneys also advise on compliance with consumer protection statutes for our clients.

The attorneys who represent our clients in equipment finance matters have a wealth of experience and knowledge in the field and the intricacies of these cases, including litigation, bankruptcy and creditors’ rights. We provide legal counsel on equipment lease and finance litigation, counterclaims, foreclosure proceedings, workouts, restructurings and numerous other aspects faced by equipment finance clients.

Our ERISA Team represents employee benefit plans and plan sponsors, as well as insurers, in litigation involving the Employee Retirement Income Security Act (ERISA). Our team of highly experienced trial counsel and ERISA practitioners achieve successful and cost-efficient results for our clients through their experience with the unique substantive and procedural aspects of litigating ERISA issues.

In addition to our broad experience in defending claims against contested ERISA employee benefit plans, our Litigation Group has handled a variety of ERISA-related litigation, including ERISA Section 510 claims, ERISA preemption issues, and claims arising out of alleged reporting and disclosure violations.

Our team has extensive experience representing franchisors, distributors and manufacturers in state and federal court. We work to find business solutions to the disputes our clients face while having the experience and expertise to offer effective counsel in litigation, arbitration, mediations and administrative proceedings.

Our attorneys represent individuals, financial institutions and companies in connection with claims of fraud, misrepresentation, deceptive trade practices, tortious interference with contractual relations, and violations of the Racketeer Influenced and Corrupt Organizations Act (RICO). Our case work involves significant damages claims and covers numerous sectors, industries and financial transactions.

Our Business Litigation attorneys have experience representing clients in healthcare-related disputes which cover antitrust, class actions, crisis response, employment litigation, HIPAA and privacy issues, business torts, and numerous other aspects of the healthcare industry. Healthcare clients that may find themselves facing a business dispute include hospital systems, insurers, medical device manufacturers, physician groups, physicians, nurses and long-term care facilities, among others.

A host of business litigation disputes require legal representation to manage claims related to insurance coverage. Our Business Litigation attorneys have extensive expertise concerning virtually every type of insurance policy or claim.

Our Business Litigation Team resolves commercial disputes involving claims of breach of warranty and performance specifications for engineered products, agricultural, energy, manufacturing and processing machinery and infrastructure. In cases where defective machinery is alleged to have tainted consumer products, we successfully guide clients through product recall procedures, insurance claims, regulatory requirements, and litigation against insurance carriers and machinery manufacturers.

Our Business Litigation attorneys have experience representing financial accounting firms, law firms and other professional firms, as well as their clients, in malpractice, professional negligence and breach of contract disputes. Our team also provides advice to our clients over preventive measures which will aid them in avoiding potentially critical legal matters. This includes engagement letter writing and compliance with current legislation.

We represent clients on a full range of real property disputes, including mortgage foreclosures, zoning and land use, tax assessment challenges, breach of contract and breach of warranty, title disputes, eminent domain proceedings, consumer fraud allegations, public and private nuisance claims, community association law, lease disputes and other landlord/tenant conflicts.

Our Business Litigation Team has lengthy experience working with businesses in matters related to restrictive covenants. We work to protect our clients’ interests in instances where trade secrets or other legitimate business interests may be at risk due to a prior agreement or relationship.

Securities litigation clients include financial institutions, financial advisers, investors and others facing securities-related lawsuits and arbitration proceedings. Our attorneys are well versed in the business litigation process with the experience and expertise to offer our clients unparalleled representation in their business dispute.

Our Business Litigation attorneys represent many clients in cases related to shareholder disputes, business divorces and partnership dissolutions. Our team regularly works with partners, principals and businesses on resolving legal disputes in the most cost-effective manner.

Our Business Litigation Practice also sees a number of matters related to buyouts and other transactions, executive compensation matters, succession planning, insurance coverage, risk management, workplace fraud, trade secret disputes, labor and employment matters, corporate tax issues and intellectual property matters.

Phillips Lytle is well versed in the myriad aspects of technology. Our business litigators and transactional lawyers provide clients with guidance related to a host of legal matters in this field.

Workplace fraud claims are serious and can affect businesses of all sizes. Whether dealing with the theft of trade secrets, manipulating financial statements, embezzlement, converting property or other fraud, the need for a business litigation attorney who provides your company with discreet and effective counsel is paramount.

Our Business Litigation Team has experience representing clients who have dealt with a wide variety of claims related to unfair competition and workplace fraud―from principals, executives, trusted employees, vendors, customers and competitors. We lean on that experience to advise clients on preventive and remedial measures and represent businesses in court, if necessary.