Complex Commercial & Business Litigation

BurgherGray’s Litigation Department consists of highly experienced practitioners who represent plaintiffs, defendants, and third parties in various commercial and business disputes, including breach of contract, tortious interference, fraud, breach of fiduciary duty, partnership disputes, defamation, consumer litigation, data breach, class actions, and a host of others. BurgherGray attorneys have litigated numerous cases in state and federal courts nation-wide, as well as represented clients before domestic and international arbitration forums. Our attorneys are regularly called upon to handle some of the most challenging litigation for a range of clients from start-ups to Fortune 500 corporations, including global banking institutions and insurance companies; as well as entrepreneurs, corporate officers and directors, investors, not-for-profit corporations, trade associations, labor unions, and governmental bodies.

Our litigation team includes former high-ranking members of the Enforcement Division of the United States Securities and Exchange Commission, certified public accountants, and partners with extensive experience litigating at both plaintiff and defense firms, who can provide a comprehensive view of any legal matter to best serve the interests of our clients. BurgherGray litigators  collaborate seamlessly with colleagues across a broad spectrum of practice areas to improve efficiency and otherwise add value and insight with respect to litigation and trial planning.

Having litigated at both plaintiff and defense firms, our attorneys are particularly adept at identifying and vigorously defending against meritless claims at the outset of any litigation. Our attorneys also tightly control the discovery process to limit actions by opposing parties that needlessly drive up the costs of litigation. BurgherGray attorneys understand that the centerpiece of any successful litigation is understanding the client’s business objectives, and providing the most efficient and cost-effective solutions to the dispute at hand.

Representative Transactions

  • Served as national counsel for a direct marketing client in investigations and actions brought by 12 states and 3 federal agencies alleging deceptive advertising.
  • Defended a national retailer in a class action brought under California’s Song-Beverly Act. In a resounding victory, our attorneys had a previously signed settlement agreement rescinded, plaintiff’s counsel removed from the case, and lead plaintiff disqualified as a class representative. The court then entered a judgment on the pleadings in favor of the defendant. The decision saved the client more than $20 million, based upon the aggregate cost of the settlement that the court rescinded.
  • Conducted an internal investigation for a manufacturer of secure identification cards that had been the victim of a computer hack launched from Southeast Asia. Our attorneys led the investigation into the source of the attack, the cause of the security vulnerability, and counseled the client on remedial measures. In addition, our attorneys coordinated the notification of consumers, government agencies, and credit card companies.
  • Conducted an internal investigation for a national retailer regarding the actions of certain employees in relation to a government funded subsidy program. Our attorneys also coordinated the outreach to government agencies and counseled the client on remedial measures. Based on the tireless work of our attorneys, our client was not subject to any government fines or penalties.
  • Represented a financial services company in response to a third-party subpoena issued by a bankruptcy examiner in one of the most highly publicized bankruptcies of the last decade. Our attorneys coordinated the rapid production of millions of documents, provided strategic litigation advice, and defended key client employees in depositions.
  • Defended a multi-national insurance company in an action brought by the Arkansas Attorney General’s Office, which sought penalties and injunctive relief for deceptive advertising.

1350 Broadway | Suite 1510
New York, NY 10018
T: 646.513.3231 | F: 646.561.9866

[email protected]

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