Complex Commercial/ Real Property

  • Buyer, Seller, Broker
  • Construction & Design
  • Commercial Landlord Tenant
  • Mortgage & Lien
  • Trespass
  • Zoning & Land Use

Representative Mediations:

Multi-party consolidated matters involving major commercial development project. Parties included developer (absent), general contractor, subcontractor, several suppliers and surety.  Failure of general contractor to pay sub and several suppliers resulted in the filing of construction liens and multiple lawsuits   Disputed legal issues included interpretation of terms in Prime Contract (including Stoppage Clause), fraud claims, lawfulness of holding retainage, change orders, scope of work, calculation of lien fund, permissible statutory offsets, etc.

Multi-party consolidated matters involving disputed right to brokerage commission on sale of commercial properties.  Significant claims and issues included breach of contract, unconscionable commercial practices, deception and fraud allegations and intentional and negligent infliction of emotional distress.  Allegedly unconscionable and criminal actions in attempts to collect monies, created significant emotional barriers, which needed to be overcome for successful resolution.

Multi-party matter involving breach of contract and fraudulent misrepresentation allegations by purchaser against seller concerning the sale and acquisition of commercial shopping center.  Former tenant alleges tortious interference with Asset Purchase Agreement against seller.  Significant issues to be resolved also involved restrictive covenants on leased premises, disputed validity of restrictions, breach of contract by former tenant, personal guarantees and claims of fraud.

Plaintiff purchaser of residential real property alleged consumer fraud, common law fraud, breach of contract, intentional misrepresentation and negligence against prior owner of property, real estate sales representative, and brokerage firm.  Factual issues regarding concealment of water and mold by remodeling, and competing expert reports were in dispute.  Conflict of interest claims and alleged failure to disclose ownership and contractor affiliation to prior owner added complexity to the mediation.

At termination of Long Term Industrial Lease on Commercial Property, tenant alleges overcharges of taxes, overcharges of common maintenance fees and Landlord’s failure to fully refund security deposit, held as letter of credit.  Additional issues in dispute included: condition of property at start of lease, Tenant’s responsibility to maintain, disputed positions on “normal wear and tear”, spoliation, disputed True-Up payments, waiver, and contractual right to attorneys’ fees.

Subcontractor sues Developer after filing Construction Lien for work performed on commercial development.  Issues for resolution included conflicting positions on residential vs. mixed use, entitlement to set offs due to improper workmanship and delay, breach of contract and willful overstatement on filing of construction lien.


  • Discrimination Claims
  • Restrictive Covenants
  • Breach of Employment Contract
  • Trade Secrets
  • Whistleblowing
  • Retaliation Claims
  • Wrongful Termination
  • Intra-organizational Disputes

Representative Mediations:

Independent Contractor Sales Representative brings action against former Employer for whistleblowing under Conscientious Employment Protection Act (CEPA) and violations of New Jersey Wage Payment Law (NJWPL) and NJ Independent Sales Representative Act (NJSRA) and breach of contract for violation of terms of Commission Agreement.   Prior to termination, plaintiff had complained about defendants alleged violation of sales tax obligations and violations under the Fair Labor Standards Act. Plaintiff further made claims of unlawful wage deductions, failure to pay earned wages, and failure to pay earned commissions.

Plaintiff-employer brings an action against former computer consultant alleging violation of non-compete clause in a written Employment Agreement.   Under the Agreement defendant- employee provided computer consulting services to plaintiff’s clients.  During course of an assignment with a client, defendant terminated his employment with plaintiff and allegedly continued to work with the client, either directly or through an unrelated vendor.  Plaintiff asserts breach of contract, tortious interference, and sought injunctive relief as well as compensatory damages, liquidated damages, punitive damages and fees.

Plaintiff, of Muslim religion, asserts multiple claims against a major national Banking institution for LAD discrimination, civil conspiracy, contractual claims, and tortious claims. Plaintiff, a fifteen year employee at said Bank, and current branch manager had been relocated several times to assist underperforming branches in various locations throughout NJ, all which had exceeded performance improvement expectations under his leadership.  Plaintiff applied for promotion as regional Consumer Marketing Manager position, which promotion was denied by defendant bank and defendant supervisor/ regional executive. Thereafter, defendant claims said defendant supervisor created and encouraged a hostile work environment, under which plaintiff allegedly suffered verbal abuse on account of his ethnicity and religion, failure to accommodate his Friday religious observances, and allegedly pre-textual poor performance reviews, action plan and eventual termination. Mediation involved a lengthy in person mediation session and months of post session mediator led follow up negotiations until a settlement agreement was reached.

Plaintiff, of color and of Jewish religion, brings LAD and common law claims against former employer alleging race and religious discrimination. Plaintiff claims employer refused to accommodate his requests for religious observance. Plaintiff alleges hostile work environment from severe and pervasive verbal harassment and debasement by both the foreman and his supervisor in front of co-workers and superiors. Defendant claims termination was triggered on several grounds including lack of work-ethic which plaintiff claims is pretext.

Plaintiff, a former bookkeeper in defendant company claims failure to accommodate due to medical condition during pregnancy, discrimination and wrongful termination due to pregnancy as protected classification.  Defendant maintains that termination was triggered by plaintiff’s failure to perform fundamental duties evidenced by unpaid bills. Significant factual discrepancies were involved in a heated pre-text discussion and analysis.

Complex Commercial/Business

  • Business Start-Ups & “Divorces”
  • Contract
  • Intra-organizational Disputes & Deadlock
  • Financing
  • Human Resource Issues
  • Not For Profit Services

Representative Mediations:

Creator of original source code and website brings action against defendant online advertising entity and competing IP service provider for Breach of Contract, Breach of Implied Covenant of Good faith and Fair Dealing, Copyright infringement,  and Trademark infringement.  Fraud and RICO claims were asserted for illegal copying of web properties and unlawful attempts to bypass licensing agreement. Plaintiff alleged fraudulent use of funds and sought to pierce the corporate veil to obtain personal liability on defendant entities’ owners.

Business Divorce-  Multiple parcels of commercial property were jointly titled to plaintiff and defendant.  Plaintiff sought partition by way of conveyance in its favor. The properties were encumbered by judgments, and liability responsibility for satisfying same was disputed.    Defendant’s counterclaim included allegations of breach of fiduciary obligation, fraud in the inducement, breach of contract, breach of covenant of good faith and fair dealing, and a demand for partition. Working towards resolution was further complicated by high emotions, in light of the parties’ prior romantic relationship.

Business Divorce-  Fifty-fifty partners of multiple LLCs sought dissolution and buy out. Successful “business divorce” required resolution of issues concerning personal guarantees on outstanding commercial loans and mortgages, fair valuation, ownership transfer of assets, division of liabilities and accounts receivable, and a non-compete clause.  Agreement was reached on all issues and protections were put in place for all parties as entity continued to operate under sole ownership of one of the partners.

Probate, Trusts & Estates

  • Beneficiary & Intra- Family Disputes
  • Elder Care
  • Estate & Trust Issues
  • Will Interpretation & Probate

Representative Mediations:

Contested and extremely emotional probate between out of state sibling after the death of elderly mother. Sibling “A” was named Executor in the Will, but had minimal contact with mother during her later years of life. Sibling “B” had been managing the mother’s affairs for over fifteen years under a Durable Power of Attorney (POA). Executor sibling asserts that POA sibling failed to give a proper and adequate accounting, and had unlawfully mismanaged the mother’s assets during her lifetime including: failure to properly file taxes, failure to properly manage payments to employed caregivers, improperly dispersing gifts from decedents funds, and commingled funds.  POA sibling, with no financial background objects to the asserted heightened standard of  duty of loyalty and care particularly  where the agency  as Power of Attorney in this factual scenario was gratuitous.

Contested probate actions between siblings to remove Executor of Estate and Executor of a Family Trust, invalidate Trust, damages and attorneys fees alleging Trustee’s undue influence in creating the Trust and breach of fiduciary duty in the handling of Trust assets, including self-dealing in changing beneficiaries and transferring assets.

Individual Torts

  • Professional Mal-Practice
  • Tort Claims
  • Personal Injury