Complex Commercial Litigation & Disputes

Kenneth M. Abell

David M. Eskew

Scott R. Landau

AEL are accomplished commercial counsel who have achieved victory for clients in myriad business litigations and disputes. With approximately 60 years’ combined experience, our lawyers have successfully represented clients in hundreds of commercial disputes in federal and state courts and in alternative dispute settings, including mandatory arbitration and mediation. We have successfully litigated or resolved favorably a wide variety of hard-fought commercial matters, including TCPA class actions, ADA class actions, employment contract disputes, real estate matters, breach of contract and tort matters, healthcare billing and payment disputes, and deceptive trade practice cases.

We have obtained dozens of pre-trial dismissals “on the papers” and are known for our creative approaches to dispute resolution and settlement. But we are also accomplished courtroom advocates who are not afraid to take cases to trial. We have handled scores of hearings, arguments, and trials in both federal and New York and New Jersey state trial courts, and regularly handle complicated appellate matters before the U.S. Court of Appeals for the Second Circuit and the Appellate Divisions of the New York State Supreme Court.   

In every litigation no matter the size, we are rigorously focused on achieving our clients’ objectives with the utmost efficiency, so that their businesses can continue to thrive.

Representative Matters

  • Successfully obtained pre-discovery dismissal of all claims against two hospitals in multi-party litigation alleging tortious interference with contract between physicians stemming from breakup and dissolution of private medical practice.
  • Obtained dismissal of putative class action alleging that “flu shot” reminder text message sent by physician’s practice violated the Telephone Consumer Protection Act (TCPA); dismissal affirmed on appeal by Second Circuit Court of Appeals in noteworthy decision regarding TCPA’s “health care exception” and scope of “prior express consent” (Latner v. Mount Sinai Health System, Inc., 2016 WL 10571897 (SDNY Dec. 14, 2016), aff’d 879 F.3d 52 (2d Cir. 2018)).
  • Convinced plaintiffs to voluntarily withdraw lawsuits in New York State court against healthcare provider alleging breach of contract and deceptive trade practices following submission of motions to dismiss demonstrating that plaintiff’s claims were legally and factually deficient.
  • Successfully represented and settled lawsuit on behalf of medical school against former services vendor for breach of contract, conversion, and unjust enrichment stemming from failure to remit fees vendor collected by vendor on school’s behalf. 
  • Litigated and negotiated innovative “structured settlement” agreement in putative class action lawsuit against hospital system alleging that physical access barriers and practices that failed to accommodate individuals with disabilities violated Title II of the Americans With Disabilities Act (ADA).
  • Representing former employee of prominent hedge fund in mandatory arbitration related to alleged breach of severance and general release agreement.
  • Representing reverse mortgage lender in breach of contract dispute over securitization of mortgage loan pool.