Litigation Insights

This article explains the three principal alternatives to litigation for New York and New Jersey business disputes — negotiation, mediation, and arbitration. It covers the confidentiality protections for mediation under CPLR Section 4547 and the New Jersey Uniform Mediation Act N.J.S.A. 2A:23C-1, arbitration clause enforceability under the FAA and New York law, AAA and JAMS commercial arbitration procedures, the narrow grounds for vacating an arbitration award under CPLR Article 75 and N.J.S.A. 2A:23B-23, enforcement of awards under N.J.S.A. 2A:23B-22, and a practical framework for choosing among dispute resolution methods based on contract terms, amount in dispute, and relationship considerations.

This article explains per se violations of the New Jersey Consumer Fraud Act (CFA), N.J.S.A. 56:8-1 et seq. It covers the structure of the CFA and its three categories of prohibited conduct, the distinction between per se regulatory violations and general unconscionable conduct claims, the regulatory scheme at N.J.A.C. 13:45A governing advertising, home improvement practices, and other industries, the mandatory treble damages and attorneys' fees remedy under N.J.S.A. 56:8-19, the ascertainable loss requirement, the Home Improvement Practices regulations at N.J.A.C. 13:45A-16, the six-year statute of limitations under N.J.S.A. 2A:14-1, and defenses available to businesses including lack of ascertainable loss, inapplicability to commercial transactions, and absence of proximate causation.

This article explains the role of the demand letter in New York and New Jersey commercial disputes and the factors that drive the decision to escalate to litigation. It covers demand letter strategy and content, the statute of limitations for contract claims under CPLR Section 213(2) and N.J.S.A. 2A:14-1, court selection across New York's Small Claims Court, Civil Court, Supreme Court, and Commercial Division, New Jersey's Special Civil Part and Complex Business Litigation Program, federal diversity jurisdiction under 28 U.S.C. § 1332, arbitration under the FAA, mediation, and how businesses should respond when they receive a demand letter.

This article explains the legal framework for wrongful termination claims in New York from the employer's perspective. It covers the at-will doctrine and its contractual limits, discrimination claims under Title VII, the ADEA, the ADA, the post-2019 NYSHRL, and the NYCHRL, retaliation claims and the whistleblower protections of NYLL Sections 740 and 741, damages including compensatory and punitive awards under the NYSHRL and NYCHRL, individual supervisor liability, best practices for documenting termination decisions, and the OWBPA requirements for enforceable releases of ADEA claims under 29 U.S.C. § 626(f).

This article explains what New York employers should do when an employee files an unpaid wage claim. It covers the legal framework under the New York Labor Law and FLSA, the forums in which wage claims are filed including the NYSDOL and federal court, the six-year statute of limitations under the NYLL, liquidated damages and attorneys' fees exposure, personal liability for LLC members under NYLL Section 198-a, immediate steps including document preservation and litigation hold, common violations including overtime misclassification and independent contractor misclassification, and settlement considerations including the FLSA court approval requirement under 29 U.S.C. § 216(b).

This article explains the difference between a temporary restraining order (TRO) and a preliminary injunction for businesses in New York and New Jersey. It covers the three-factor state court standard and the four-factor federal standard, TRO procedures and duration limits under CPLR 6301 and Federal Rule 65(b)(2), the undertaking requirement under CPLR 6312(b), common commercial contexts for emergency relief including non-compete enforcement and asset dissipation, appellate rights under CPLR 5701(a)(2) and 28 U.S.C. § 1292(a)(1), and how to defend against an emergency injunction application.

The New Jersey Consumer Fraud Act requires proof of unlawful conduct, ascertainable loss, and causation — all three. Defendants have meaningful defenses at each element, including attacking the sufficiency of the unlawful conduct allegation, challenging the plaintiff's loss calculation, and contesting causation. The treble damages and fee-shifting provisions make early, aggressive defense critical: a case defeated on a motion to dismiss costs far less than one litigated to trial and lost.

FLSA collective actions and state law wage and hour class actions expose small business owners to unpaid wages, automatic liquidated damages under 29 U.S.C. § 216(b), and attorney's fees — with a lookback period of up to six years under New York Labor Law. Owners can also face personal liability. The most consequential decisions occur in the first weeks of the case, before the certification motion is decided.

New York breach of contract defendants have more defenses than they typically realize: statute of limitations, prior material breach by the plaintiff, failure of a condition precedent, impossibility, waiver, and failure to mitigate are each independently capable of defeating or substantially reducing a claim. All must be identified and preserved early — missing the response deadline alone can result in a default judgment.

A lawsuit against a U.S. subsidiary can create direct legal exposure for the Korean parent through alter ego liability, draw Korean-held documents into U.S. discovery, and require parent-level decisions under tight deadlines unfamiliar to Korean corporate practice. Parent companies should retain U.S. counsel and issue litigation holds — in Korea and in the U.S. — immediately upon service.

Effective litigation authorization starts with objectives, not merits. In-house teams should work through four questions — probability of success, cost and timeline, collectability, and opportunity cost — before committing resources, and should structure the outside counsel relationship to keep that analysis honest throughout the life of the matter.

Under UCC Article 2, a purchase order can constitute a binding contract even without a formal signed agreement — and a buyer who accepts delivery generally cannot later dispute that a contract was formed. Sellers holding unpaid invoices should move to enforce promptly; delay weakens collection prospects and forecloses pre-litigation settlement opportunities.

The TVPRA's beneficiary liability provision allows trafficking survivors to bring civil claims against businesses — including hotels, landlords, financial institutions, and technology platforms — that knowingly profited from trafficking ventures. Survivors have ten years to file, may proceed anonymously, and are not required to have participated in a criminal case.

Non-compete agreements in New York and New Jersey are enforceable today — but may not be for long. New York's Senate passed a bill in June 2025 that would ban most non-competes for employees earning under $500,000 per year, and the bill remains pending before the Assembly. New Jersey introduced an even broader bill that would void most existing agreements retroactively. This article explains the current law in both states, what the pending legislation would change, and what employers should do now.

On February 17, 2026, Judge Jed Rakoff of the Southern District of New York issued a written opinion explaining why documents generated using a consumer AI platform were not protected by attorney-client privilege or the work product doctrine. The decision highlights the critical distinction between consumer and enterprise AI tools, the importance of reasonable expectations of confidentiality, and the need for counsel-directed use when AI is involved in litigation. This article provides practical guidance for businesses in New York and New Jersey on managing AI-related privilege risks and updating internal AI governance policies accordingly.

In United States v. Heppner, the Southern District of New York held that documents created with a consumer AI platform and later shared with lawyers were not protected by attorney–client privilege or the work product doctrine. This article explains what the ruling means for businesses and provides practical steps to reduce waiver risk when using AI tools.

When Korean companies are involved in U.S. litigation, depositions can be unfamiliar, lengthy, and outcome-determinative. This guide explains how the process differs from Korean proceedings, how interpretation and document review affect testimony, and why careful preparation is essential. Good Pine P.C. outlines practical steps businesses can take to protect their interests and reduce risk.

Closely held corporations are especially vulnerable to internal shareholder disputes arising from unclear ownership rights, management authority, exit strategies, and valuation methods. This article explains the key provisions every shareholder agreement should include—such as governance rules, transfer restrictions, buy-sell mechanisms, deadlock resolution clauses, and dispute resolution terms—to help business owners reduce litigation risk and preserve long-term enterprise value.

Small businesses involved in federal litigation frequently misunderstand their discovery obligations, leading to unnecessary disputes, sanctions, and strategic setbacks. This article explains what small businesses often get wrong about federal discovery, including evidence preservation, electronically stored information (ESI), internal coordination, and proportionality. It provides practical guidance on how businesses can comply with federal discovery rules in good faith while protecting their legal and operational interests.

Spoliation of evidence can lead to severe sanctions, adverse jury instructions, or dismissal of claims. This article explains what spoliation is, when the duty to preserve evidence arises, common mistakes businesses make, and practical steps to avoid losing a case through evidence destruction.

Litigation hold letters require businesses to preserve documents and electronic data once litigation is reasonably anticipated. This article explains when litigation holds are required, what evidence must be preserved, who must comply, and the risks of failing to meet preservation obligations.

This article explains how courts pierce the corporate veil under New York law, requiring proof of both complete domination and control over the entity and the use of that domination to commit a fraud, wrong, or inequitable act causing the plaintiff's injury. It covers the domination factors courts examine — commingling of funds, failure to observe formalities, undercapitalization, and absence of financial separation — the wrongdoing element and its connection requirement, application of the doctrine to LLCs, the discovery consequences of a veil-piercing claim, and the governance and financial practices business owners should maintain to protect their limited liability shield.

Winning a lawsuit does not guarantee payment. New York and New Jersey provide powerful tools to enforce judgments, including bank restraints, wage garnishment, asset discovery, and property execution. This guide explains how judgment enforcement works in both states and what steps judgment creditors can take to turn a court victory into real recovery.

FINRA arbitration is a specialized dispute resolution process that governs most investor and broker-dealer disputes. This article explains how FINRA arbitration works, the rules that apply, how it differs from court litigation, and what investors and financial professionals should know before bringing or defending a claim.

The New Jersey Consumer Fraud Act (CFA) offers powerful remedies, including treble damages and potential attorney’s fees, but those remedies are not automatic. This article explains how CFA claims actually work in practice, what must be proven in litigation, and why contingency-fee representation is not always appropriate despite the statute’s strength.

Minority shareholder oppression occurs when majority owners in closely held New York businesses abuse control to exclude minority shareholders from the economic benefits of ownership. Common issues include freeze‑outs, withheld distributions, lack of transparency, and self‑dealing. New York courts offer remedies ranging from damages to buy‑outs and dissolution, making early legal guidance critical.

Commercial litigation in NYC affects small and mid‑sized businesses across industries. Common disputes include contract breaches, internal ownership conflicts, and commercial lease issues. Early case assessment, evidence preservation, and strategic decision‑making are essential to managing risk and controlling costs in New York’s demanding litigation environment.

Breach of fiduciary duty claims in New York City commonly arise in closely held businesses, LLCs, partnerships, and nonprofits. Directors, officers, managers, and controlling owners owe duties of care and loyalty, and violations can result in serious legal and financial consequences. Understanding common risk areas—such as self-dealing, conflicts of interest, and misuse of assets—can help business owners avoid disputes and protect their organizations.

A well-written demand letter can settle a dispute before a lawsuit even starts. Learn how NYC businesses can use pre-litigation strategy to protect their rights and reduce legal costs.

Disagreements between partners or shareholders can quickly disrupt even the strongest business. Learn how New York law handles internal business disputes — and how to resolve them strategically.