Commercial Litigation
- Jia Law Group
- Jan 1
- 12 min read
Shareholder Disputes
JLG’s attorneys fight for our clients in shareholder disputes. Since 99% of disputes never go to court, we wield the best negotiation strategies to win your dispute. Drawing on our sophisticated knowledge of the law and industry-specific knowledge, we follow a meticulous process during each one of our share holder dispute cases.
Assessment: Before negotiations begin, we pore through each document relating to the shareholder’s company. We examine every facet of the company under dispute to assess the dispute’s value, project its duration, and build your case. Included in the process of assessment is a complete review of existing shareholder agreements and a review of business correspondence related to the dispute.
Negotiation: Once we have amassed the evidence for your case, we will represent you as advisors and negotiators. You can rely on us to safely guide you through the dispute and ensure the best results for your case.
Closing: Once the dispute has been settled, we will work with you to understand the precise terms of the agreement. We will draft any required closing documents.
Litigation: In the event that your case cannot be settled we are prepared to represent you in court. We will help you to enter proceedings by filing a derivative action or by claiming a breach of fiduciary duties on the part of other shareholders. No matter what, we will drive your case to a resolution.
JLG’s experience in business litigation is buttressed by our relationships with corporate colleagues and inspectors; in other words, we will use a broad range of expertise to solve our clients’ corporate disputes.
Breach of Contract
JLG’s business attorneys have decades of experience drafting, negotiating and modifying custom and form contracts. And we know how to write covenants that will protect the interests of both contractors and signees. Yet when breaches of contract occur, we stand ready to defend our clients’ rights.
What Constitutes a Breach?
There are different classes of contract breaches. In the first class are actual and anticipatory breaches; in the second class are material and minor breaches. Actual breaches occur when a contractor violates the terms of a contract, and an anticipatory breach occurs when the contractor gives advance notice of a breach that will occur at some point in the future. In either case, our business lawyers can help represent you during your dispute.
Disputes most commonly arise, however, from material and minor breaches. In material breaches, the contractor fails to provide the employer with the service outlined in the contract. A minor breach, by contrast, occurs when the contract is fulfilled albeit with some broken agreements, such as late completion.
Ultimately, questions about what constitutes breach depends upon a lawyer’s fine knowledge of the law. We can advise you on the contract in question, and represent you during any dispute.
What You Can Expect?
We aim to settle all of our disputes outside of court. If legal action is necessary, however, we are ready to represent your interests. Court-ordered remedies in a contract lawsuit include:
Compensatory Damages
Liquidated Damages
Rescission
Specific Performance
Directors and Officers Liability
Directors and Officers, or D&O litigation involves claims for liability made against directors and officers of both public and private companies including corporations, partnerships, or limited liability companies. These claims vary widely and can be brought against directors and officers from administrative proceedings and lawsuits, congressional investigations, and private parties.
Serving as a director or officer of a company comes with enormous personal risk and liabilities. Directors or officers may be sued by other companies, shareholders, employees, customers, or other parties for breaching fiduciary duty, duty of loyalty, conducting insider trading, and so on. These lawsuits not only harm the reputation of said officers or directors, but also negatively impacts the enterprise’s commercial reputation.
At JLG, our attorneys offer comprehensive representation of those held under directors and officers liability. We have a wide range of experience in all types of litigation involving the duties and responsibilities of directors and officers, shareholder demand letters, and Special Committee investigations. We also assist corporations, directors, and officers with coverage issues related to directors and officers' policies. JLG attorneys provide advice throughout the lifespan of the claim, including comprehensive coverage analysis, strategy assessment, damage evaluation, and claim resolution.
Labor and Employment Litigation
Labor and employment law is complex and subject to frequent changes. These laws and regulations impose a heavy compliance burden on employers. Labor and employment litigations affect the well being of employees and their families, and the success of the companies for which they work, and is often times difficult to resolve.
Labor and employment litigation covers a wide range of claims such as:
Harassment
Discrimination
Wage-hour class actions
Wrongful termination
Unfair competition
Overtime violations
Non-disclosure violation
Retaliation allegations
Employment contract disputes
At JLG, our attorneys represent individuals and class action cases dealing with the aforementioned litigation issues in the workplace. In these matters, individuals often find themselves at a disadvantage to protect their legal rights against companies. If you feel that you have been wronged, our employment law attorneys can help.
We also have a successful track record representing employers and their business. If your business is confronted with a lawsuit resulting from violating labor and employment laws, the attorneys at Jia Law Group can provide a comprehensive and strategic defense. Of equal importance, our attorneys also provide preventative counseling and compliance policies to business owners to help them avoid any unnecessary litigations.
Employer’s Liability
Under federal and state employment laws, employers have various liabilities. It is important that business owners adhere to these legal requirements to avoid potential disputes.
Employers are liable for laws regarding:
Discrimination
Workplace/ Sexual harassment
Wage- hour
Accrued leave
Wrongful termination
Lactation
Regardless of your type of business, under the Respondent Superior Doctrine, an employer may be legally responsible for the actions of its employees.
From small, family-owned businesses, to large, multinational corporations, we will provide you with the skilled advocacy you need at every stage of your case. Our attorneys are leaders in the effective defense and litigation of claims. Your best interests are our top priority.
To avoid complications due to non-compliance of any laws, JLG also assists employers to conform to legal requirements. This includes the writing of, and implementation of suitable policies.
Preparation for Department of Labor Audit
The New York Department of Labor and the United States Department of Labor routinely perform random audits and inspections of companies, including small businesses, to ensure compliance with labor and employment laws.
If you own a business, you may receive a notification letter from the DOL telling you that your business will be subject to a labor audit. Regardless of the size of your business, any notification from the DOL should be taken seriously.
Some of the things the DOL are looking for include but are not limited to:
Records of overtime pay for nonexempt employees
Compliance with wage-hour laws
Proper classification status
In recent years, the number of audits have been on a rise. To ensure that your rights are protected in the event that you received a labor audit letter, it is best to hire a skilled attorney experienced in labor audits.
At Jia Law Group, our attorneys are well-versed in regulations relevant to DOL audits. We can help you prepare and review necessary documents and can also represent you during the audit period to negotiate with the DOL representatives. Even if you received sanctions for violating certain regulations, we have a wealth of experience in helping businesses reduce fines and minimize audit liabilities.
Employment Practices Liability Insurance (EPLI)
Insurance litigation is a broad and often complicated topic. Employment practices liability insurance, also known as EPLI, provides coverage to employers against claims made by employees. However, when the need arises to use this coverage, insurance companies may deny or limit the claim.
Employment Practices Liability Insurance can cover the expenses that incur when a company is sued over discrimination, harrassment, wrongful termination, and other similar issues. There are also laws such as the Americans with Disabilities Act and Family Medical Leave Act that employers must adhere to, or they may risk dealing with a lawsuit. Having an active policy can minimize financial risks from claims, with typical coverage including legal costs and payment of settlement or judgements.
However, there are some potential loopholes that the insurer might use that can jeopardize the benefits resulting in either a denied or limited insurance claim. In cases like this, Jia Law Group can help. We offer a full range of coverage analysis and litigation services in regards to your EPLI. With all the costs that can result from employment related disputes, proper risk management is needed. By enlisting the experience of Jia Law Group’s attorneys, you can help determine if an EPLI policy is right for your business and give you the proper representation in trials and appeals should the need arise.
Intellectual Property Infringement
Intellectual Property is the heart of any business. Our experienced IP litigators will help you to defend your IP rights in and out of court. We represent all parties on matters related to registered and unregistered IP.
Proving IP Infringement
JLG begins each case by analyzing how and to what degree your IP suffered infringement. If we determine infringement, we then prove whether or not the alleged infringer had access to your work, after which we assess the damage. Our assessment will determine how much money you are entitled to. If you have registered your IP, you may receive enhanced damages and attorney fees.
Many issues attend the process. Did you create the work as an employee or a contractor at the time? Who infringed on the IP? Answering this question requires sleuthing, particularly for infringement of digitally published material. JLG will mount an investigation in order to determine whom to sue. No matter what, JLG will help you to build the strongest case possible for your IP infringement case.
Licensing Agreements Instead of Litigation
We sometimes advise our clients to begin a licensing agreement with the infringer. This type of agreement could yield benefits for both parties. Either way, we will choose the best option for you.
Our IP attorneys can handle your case and advise you on all matters related to IP infringement.
Insurance Coverage Litigation
Insurance is generally defined as an arrangement in which a company or agency provides a guarantee of compensation for specified loss, damage, illness, or death in return for payment of a premium. However, there may be times when your insurance company withholds benefits after you filed a claim to recover damages.
There are many reasons why one may have to file an insurance claim. Perhaps you were involved in a car crash, had a medical emergency, or experienced a natural disaster. To protect against life’s unforeseen events, it is important to have insurance coverage.
As policyholders, it is understood that you pay insurance premiums and in return, you expect the insurance provider to follow through and honor the validity of a claim when necessary. However, that is not always the case. Disputes arise when an insurance company denies or undervalues a valid claim, often without a legitimate reason or explanation.
At Jia Law Group, our attorneys have extensive experience helping clients recover the insurance benefits in which they are entitled. Whether you are filing an auto insurance claim, health insurance claim, or business property insurance claim, you can trust in our network of highly acclaimed attorneys to assist you in recovering the compensation you are due.
Analysis and Interpretation of Insurance Policies
Under most state and federal laws, companies are required to enforce various insurance policies such as workers’ compensation, health, disability, and medical insurance. The insured and the insurer can encounter situations that require an experienced legal analysis of the policy in question.
Insurance is a highly complex and specialized area of law that can affect both large corporations and small businesses. Because disputes can involve factors such as underwriting issues, coverage and interpretation of an insurance policy, and performance of policy conditions by the policyholder and insurer, handling these disputes properly requires extensive knowledge of the specific policy and the laws that surround it.
At Jia Law Group, we have attorneys skilled in handling a broad range of complex insurance matters including the analysis and interpretation of insurance policies. We have experience practicing in landmark insurance cases, and routinely provide comprehensive insurance policy analyses and coverage interpretations. In addition, we also assist clients in making customized policies during the insurance procurement and renewal process with their best interest in mind.
Construction Disputes
Construction disputes frequently occur between the general contractor and the developer. We help developers to negotiate and protect themselves when issues of quality control arise, specifically:
Construction Defects
During the course of construction, the developer may identify work that does accord with the plans and specifications, causing a dispute to arise. No matter the type of defect, JLG’s litigators can defend your interests.
Construction Delays
Disputes tend to arise when general contractor cannot provide sufficient excuses for delays.
Dispute Resolution
JLG has successfully negotiated, arbitrated, and litigated on behalf of its construction clients. However, we strive to save our clients’ time and money by resolving cases outside of court. The following processes can successfully end a dispute related to construction before litigation is necessary:
Negotiations with the architect/initial decision maker
Arbitration
Mediation
Dispute Resolution Boards (DRBs)
JLG’s litigators will tailor a method of resolution to your situation. In all of our construction-related disputes we strive to save you time, money, and stress.
Construction Claims
Construction accidents occur frequently on the job. Reporting the details of the each accident are imperative to determine who will be held responsible for the resulting damages and injuries.
Under New York Labor Law §§200, 240(1), 241(1-6) and 241-a, construction workers have financial protection and may be able to file a lawsuit when they suffer certain injuries. When facing these claims, it is important to retain an experienced attorney to help protect your interests.
At Jia Law Group, our experienced construction litigation attorneys represent owners, contractors, subcontractors, suppliers, and design professionals in disputes regarding construction claims.
JLG's attorneys specialize in construction accident claims that involve the application of labor laws. Our attorneys have successfully represented both leading companies and injured workers to obtain the client a favorable decision in court. Even if you are not certain that you have a case, we can help you understand your rights and guide you in handling you case in the most effective way.
Landlord and Tenant
Whether you are a landlord who needs to evict your tenant, or are a tenant whose landlord violating the terms of your lease agreement, JLG’s attorneys have experience in resolving landlord-tenant disputes. Our firm represents landlords and tenants in a wide variety of disputes.
Types of Litigation
Two main forms of litigation arise between landlords and tenants: holdovers, when tenants overstay or breach their lease, and non-pay, when tenants refuse to pay their bills. When these forms of litigation arrive, they are decided before district courts in rapid proceedings. Our lawyers know the pitfalls of the landlord-tenant practice, and we will help guide you through these technical proceedings.
For landlords, JLG will ensure that you comply with New York State’s strict guidelines during court. Since the burden of proof falls upon the landlord for evicting non-compliant tenants, we will help you to amass the strongest evidence possible and help you to draft and serve the correct notice of petition.
Tenants, on the other hand, are accorded more leniency by the court than landlords. If your landlord is violating your lease agreement or seeking to evict you, JLG will raise the appropriate defense to any action commenced. Specifically, we can prove a landlord’s breach of your warranty of habitability and seek abatement of your rent.
We can also help you to settle disputes that arise from:
Property repairs
Lease violation
JLG’s team is here to ensure that you receive the best legal support. When rental issues arise, contact us for counsel and representation.
Business/Auto/Trucking Liability
Employees using business vehicles may cause legal disputes between employers or victims, so it is crucial for companies to know whether or not the vehicular accident is “within the scope of employment.”
General business operations often give rise to unfortunate commercial auto or trucking accidents that may involve complicated legal and factual issues, injuries, deaths, or substantial property damages. It is important that a business with automobiles obtain commercial auto liability insurance as auto accidents will typically generate large claims. These accidents can involve company owned vehicles, rental vehicles, or even employee owned vehicles that are utilized by the company.
These insurance polices are complicated and often difficult to determine what is exactly covered by the policy in question. At JLG, our attorneys provide legal counseling to help employers fully understand the liability of having business vehicles and how to minimize legal risks. In the event that your business is being sued, our attorneys can build a strong defense and represent you in court.
FINRA & Securities Industry Defense
FINRA is a nonprofit organization authorized by Congress to help protect American investors in the broker-dealer industry. They
Write and enforce rules governing the activities of all registered broker-dealer firms
Examine firms for compliance
Foster market transparency
Educate investors
When an investor wants to resolve a complaint with its financial advisory or brokerage firm, the investor can initiate a FINRA arbitration proceeding by filing a FINRA claim.
At JLG, we defend brokers during arbitration hearings brought by the Financial Industry Regulatory Authority (FINRA). Our attorneys are experienced in representing brokers in cases of:
Arbitration
Subpoena compliance
OTR depositions
Insider trading prevention
Wells Notices
Correcting U5-Filing and Broker Check entries
Identifying and mitigating conflicts of interests
FINRA often aim to pursue those who seem most vulnerable. When brokers are not represented by an attorney who is not familiar with FINRA, they can be greatly disadvantaged and negatively impacted by their enforcements. At JLG, our experienced attorneys can support you during arbitration hearings, and help you identify and plan for future business and regulatory risks.
ADA Compliance
In 1990, the Congress of the United States passed a set of laws that changed the way businesses accommodated Americans with disabilities. The Americans with Disabilities Act (ADA) is designed to ensure that employees with physical, mental, and emotional disabilities have reasonable accommodations to be productive members of the workforce. Under the law, employers may face penalties for violating the rights of workers with disabilities or for not having accommodations that are deemed reasonable.
Businesses of all sizes increasingly face claims alleging violations of the Americans with Disabilities Act. Navigating and understanding the laws of the ADA can be elusive due to the subjectivity nature of reasonability, and the definition of disability as defined by the ADA.
JLG’s attorneys advise and defend businesses in many industries such as hospitality and restaurants to protect their interests.
Our services include:
Reviewing premises for ADA compliance
Taming government agencies during inspections
Settling with claimant
Lowering fines
Conducting post-litigation compliance checks
Our attorneys are able to apply their experience with the ADA’s extensive enforcement regulations to defend clients in these disputes through innovative litigation tactics and strategic settlement of claims.
Not only do we assess the situation and evaluate the claims, but we also provide advice tailors to your specific circumstances to accomplish your objectives and ensure that you won’t violate ADA rules and regulations again.
