Commercial Litigation

We represent clients before the Court of International Trade and in federal court. In any commercial transaction, there are numerous points where things can go wrong, leading to disputes and, sometimes, litigation. Our approach is to evaluate our clients’ opportunities for settling claims amicably, without resort to litigation, while at the same time protecting their interests in the event that litigation ensues. We are aggressive courtroom advocates that combine effective legal strategies with years of practical trade experience.

We pursue claims based upon the Carriage of Goods by Sea Act, which governs most movement of cargo between the United States and foreign ports, as well as in admiralty. We litigate claims based upon contract, such as those for non-delivery of goods or damaged goods, and claims based upon breach of employment agreements. We have litigated numerous bill of lading cases and are familiar with the terms and clauses most frequently disputed in the industry. We represent parties with regard to warehouse storage and damages claims arising out of the bailment of goods with warehousemen and claims for demurrage. We often represent importers, exporters, third party logistics operators, customs brokers, NVOCCs and carriers.

Issues involving intellectual property play an ever-increasing role in international trade. We both defend and prosecute claims involving intellectual property rights issues such as copyright and trademark infringement. Similarly, when you believe that you or your company’s intellectual property rights are being violated by unlicensed imports, we invoke both administrative and judicial remedies to prevent the economic harm that counterfeit goods can inflict.

In addition to litigation, we represent our clients in alternative forms of dispute resolution, such as mediation and arbitration. Arbitration is increasing used as an alternative to traditional litigation to resolve commercial disputes. Arbitration is in many ways similar to traditional litigation, although instead of a judge, an arbitrator considers evidence and issues a judgment, which is enforceable as though it were issued by a court. Although similar in many respects to litigation, arbitration has its own unique rules, and effective counsel makes a difference. We have experience arbitrating cases administered by the American Arbitration Association and before other arbitral bodies.