KDVG

Commercial Litigation

KDVG’s Commercial Litigation team handles business disputes including:

  • breach of contract,
  • business dissolutions,
  • interference with business relationships,
  • non-compete clauses,
  • civil Racketeer Influenced and Corrupt Organizations Act (RICO) actions,
  • breach of fiduciary duty,
  • franchise issues,
  • shareholder issues,
  • partnership disputes,
  • debt collection.

Our attorneys have a record of accomplishment proactively litigating complex business and commercial matters in state and federal courts across the United States – proactively, expeditiously and cost-effectively. These include:

  • contract interpretation between merchants,
  • enforcement of equipment lease transactions,
  • distinction between true leases and leases intended as security agreements,
  • security interest enforcement and defense that include obtaining and avoiding orders of attachment and seizure,
  • contesting and conducting commercially reasonable sales in accordance with §9-504 of the Uniform Commercial Code,
  • trade dress issues

Trade dress infringement occurs when a company copies a competitor’s packaging to confuse the buying public and profit from the competitor’s goodwill. Our attorneys advise our clients how to position themselves through marketing surveys, anecdotal evidence and expert testimony. This allows for success whether we are asserting or denying the existence of a recognized trade dress infringement.

 

Janene M. Marasciullo, Esq.
Michael V. DeSantis, Esq.