Financial fraud litigation often begins when inaccurate financial statements, manipulated earnings, or misleading disclosures come to light during year-end reporting and audit cycles. December brings heightened scrutiny as companies finalize annual results, auditors issue opinions, and lenders review financial covenants. When discrepancies arise, claims may arise under fraud, negligent misrepresentation, or...
Climate-Driven Claims in Commercial Real Estate: Flood, Mold, and Rising Insurance Disputes
Extreme weather is driving a surge in commercial property losses, including flooding, mold, water intrusion, business interruption, and structural damage. As claims rise, many property owners face unexpected coverage disputes with insurers over exclusions, deductibles, causation, and the scope of repairs. These conflicts often involve complex policy interpretation and highly technical...
Earn-Out Litigation After an M&A Deal Goes Sideways: Key Strategies for Buyers and Sellers
Earn-outs are often used to bridge valuation gaps in M&A deals, but they also create fertile ground for disputes. When performance metrics fall short or one side believes the other interfered with the result, buyers and sellers may end up litigating how the earn-out should be calculated or enforced. Most conflicts...
Specific Performance vs. Money Damages: Enforcing Commercial Real Estate Contracts in Court
Commercial real estate transactions often involve complex agreements, sizable investments, and high stakes. When one party breaches a contract, the non-breaching party can pursue specific performance or seek monetary damages to resolve the dispute. These two legal remedies represent different approaches to enforcing an agreement, each with its own advantages and...
Emergency TROs in Commercial Disputes: Freezing Assets Before They Vanish
In times of economic uncertainty, businesses often face the risk of asset dissipation during disputes. An Emergency Temporary Restraining Order (TRO) serves as a critical legal tool to prevent such actions, ensuring that assets remain intact pending litigation. An Emergency TRO can freeze assets, such as bank accounts or property, to prevent...
Shareholder Meeting Disputes: Proxy Battles and Voting Irregularities
As the fiscal year comes to a close, many companies, both public and privately held, prepare for their annual or special shareholder meetings. These meetings are essential for corporate governance, setting the course for the next year, and addressing key business matters. However, when disputes arise, these meetings can quickly escalate into...
Account‑Stated Claims: Turning Unpaid Invoices Into Swift Judgments
For Manhattan businesses, unpaid invoices can quickly disrupt cash flow and threaten financial stability. While traditional breach-of-contract lawsuits are often lengthy and costly, an account-stated claim provides a streamlined legal remedy to collect undisputed debts. At Levy Goldenberg Law, we help companies turn overdue receivables into enforceable judgments efficiently, preserving revenue...
Year‑End Contract Audits: Avoiding Breach Claims Before January 1
As the fiscal year draws to a close, Manhattan businesses face not only financial reporting deadlines but also the risk of contract disputes and potential litigation. Minor oversights in obligations, payment terms, or deliverables can result in breach-of-contract claims that carry significant legal and financial consequences. At Levy Goldenberg Law, we...
Understanding New York’s Statute of Limitations for Business Disputes
Navigating a business dispute in New York requires an understanding of many legal nuances—chief among them is the statute of limitations. This legal deadline determines the timeframe within which a party must initiate legal action after a dispute arises. Missing this window can be fatal to a case, no matter how strong...
Recent Trends in Real Estate Litigation: Case Studies from New York
Real estate litigation in Manhattan continues to evolve against the backdrop of rising regulatory scrutiny, tenants’ rights activism, and high-stakes developer disputes. Below, from Levy Goldenberg Law, are four recent case studies illustrating key litigation trends—and what property owners, landlords, and developers in Manhattan need to know.