Emery Celli Brinckerhoff & Abady LLP
 
Commercial Litigation

The Firm has a substantial commercial litigation practice involving a range of clients, from publicly traded companies to individuals. The Firm served as co-counsel on one of the largest antitrust cases in history, resulting in a $3 billion settlement with Visa/MasterCard. We have also litigated securities cases, handled intellectual property matters for clients as diverse as a prominent Russian watercolorist and Martha Stewart Living Omnimedia, and represented parties in partnership disputes. The Firm also has a general commercial practice involving contracts, breach of fiduciary duty, real estate, commercial paper, and business disputes.

  • In Gateway Detroit Associates, LLC v. The Witkoff Group, the Firm represented the plaintiff in an action to enforce a $32 million real estate contract for the sale of a major industrial property. The Firm successfully litigated the plaintiff's appeal of a prior ruling dismissing the action, and the case subsequently settled.

  • The Firm represents MortgageIT, a leading mortgage broker and bank, in various litigation matters around the country involving contract disputes, covenants not to compete, and other business and employment issues.

  • The Firm represents Martha Stewart Living Omnimedia in a wide range of commercial disputes in state and federal courts around the country.

  • The Firm has served as litigation counsel to Penguin Putnam in over two dozen matters arising out of the publisher's contracts with authors, licensors, and suppliers.

  • In Wu v. Maroley Communications, the Firm successfully represented the defendants in a $30 million fraud, breach of contract, and breach of fiduciary duty case.

  • In Witherspoon v. Rappaport, the Firm successfully represented boxer Tim Witherspoon, winning a jury verdict in excess of $1.3 million in a breach of contract and fraud case against his former manager.

  • The Firm has represented Urban Box Office Network in a number of matters, including a current dispute in federal court involving the breach of a $20 million stock transaction.

  • In The Pillsbury Company v. Uppercrust Ltd., now before the Second Circuit Court of Appeals, the Firm is representing a large Canadian manufacturer of food products in a labeling dispute brought by a multinational corporate competitor.