Litigation

Increasingly the primary avenue of recourse for many business disputes is the court or before arbitration panels. Our paramount concern is the end result for our client and we candidly assess the benefits and risks of litigation at the outset of every case.

When the decision is made to litigate our attorneys apply themselves with vigor to achieve the best outcome possible. A litigation partner selects and oversees a team whose experience and familiarity with similar matters results in an integrated and comprehensive approach to each issue and every cause of action we initiate or defend.

We routinely litigate multi-million dollar corporate and commercial cases in multiple state and federal jurisdictions. We also serve as local counsel in complex corporate litigation matters for law firms without a presence in New Jersey.

The depth of experience of other practice groups within the firm other departments of the firm is an invaluable resource when multiple and distinct areas of law are encompassed within a single litigation matter. We regularly draw upon attorneys from our corporate, real estate, banking, employment, securities and other groups to provide specific assistance when required. Our clients benefit by having access to lawyers in all areas of practice that can address their case’s full range of legal requirements.

SERVICES

Employment
The relationship between a company’s management and its employees is a continually changing field with new statues and regulations being created and revised regularly. The employer-employee relationship is a complex field when it comes to dealing with discrimination, harassment, retaliation, wrongful discharge, breach of contract, and other workplace claims. Stark & Stark’s Litigation group is well versed in these and other areas of employment litigation and are able to effectively defend employers against employee claims. We protect companies against disputes concerning breaches of restrictive covenants, misuse of confidential information and trade secrets, employee dishonesty and disloyalty, and contract disputes. Our Litigation attorneys create strategies to support our clients’ concerns, objectives, and goals.

Business & Corporate
Stark & Stark’s Litigation team offers the depth of experience needed to serve the diverse needs of corporations in business litigation specialties. Our practice offers its full range of unsurpassed litigation services to assist clients in commercial disputes, antitrust litigation, regulatory compliance, shareholder and partner disputes, franchise litigation, securities litigation and arbitration matters and consumer fraud cases. Stark & Stark’s extensive experience in both state and federal courts enables our attorneys to meet each cleint’s needs in this demanding area of litigation.

Probate
Stark & Stark has represented countless families and individuals in probate and estate litigation matters. We regularly counsel and represent beneficiaries and trustees in issues related to the management and distribution of estates, trusts, and guardianships. Our attorneys are well equipped to represent every level of probate related issues from defending individual executors to corporate fiduciaries. Our Litigation group offers the resources, credibility, and experience clients have come to expect.

Real Estate
Our Litigation attorneys regularly assist our real estate group in order to initiate or defend claims for our clients in every aspect of the real estate industry including, builders, lenders, developers, REITs and brokers. We regularly counsel clients on disputes concerning the financing of a project, land use litigation, zoning regulations, construction claims, redevelopment and eminent domain actions, telecommunications litigation, bankruptcies and foreclosures.

Green Litigation
Stark & Stark's Litigation attorneys have extensive experience in green litigation appearing before federal, state and local administrative bodies. Our litigators work with multinational corporations throughout the country in various aspects of green litigation including disputes arising from the sale and construction of industrial technologies, disputes involving renewable energy sources and solar power installations. Our litigation attorneys regularly consult with members of the firm’s Real Estate group in order to address the myriad of legal needs of our clients.

Recently, our attorneys represented a multinational corporation involved in the sale and construction of emissions cleansing technology. The client was the subject of extensive claims, arising from the retrofitting of a major East Coast coal-burning powerplant with a Selective Catalytic Reduction system. Messrs. Hart and Schrama successfully defended the combined claims emanating from multiple arbitration and court proceedings, which exceeded $50 million.

Our litigation team has also represented the interests of a large industrial host customer in a dispute surrounding a Power Purchase Agreement. The solar power project consisted of 15 acres of photovoltaic tiles, yielding 3,300 megawatt hours of electricity. At the time, the project constituted the largest solar power installation of its kind in the United States and the twelfth largest in the world. Messrs. Hart and Schrama successfully defended combined potential claims in excess of $18.5 million.

Additionally, our attorneys are currently representing a multinational corporation involved in the sale of industrial, bioreactive air and odor control technology. Messrs Hart and Schrama are currently involved in an action to protect the intellectual property rights of the clients against pending infringement by a domestic corporation.
 
Class Actions
When an individual is wronged by a defendant, often times the compensation will not justify the expenses of a single lawsuit. Class action lawsuits allow people to join together to argue a claim as one plaintiff, in order to hold the wrongdoer accountable for the harm caused. Whereas, if filed individually, the defendant could get away with an offense simply because they have harmed countless numbers of people, each for a small amount of money.

Corporate Investigation & White Collar

Stark & Stark’s Corporate Investigation & White Collar group focuses on the investigation and defense of allegations of wrongdoing in complex criminal cases and on civil fraud arising from business transactions.  We realize the ever-changing and increasingly complex local, state and federal governmental regulations placed on businesses frequently leads to unfavorable outcomes for a company’s executives. We work with our clients on corporate compliance issues and internal investigations, white-collar criminal defense, securities fraud/compliance, antitrust issues, and civil/criminal RICO allegations.

Intellectual Property
In today’s technologically advanced work place, intellectual property is quickly becoming one of the most valued resources for family owned businesses to international corporations. Stark & Stark’s Litigation attorneys are actively engaged in protecting intellectual property rights for clients in a wide variety of industries. The firm has served as litigation counsel in patent cases, copyright and trademark infringement matters, and has represented countless clients in unfair competition, trade secret, restrictive covenant, and employee piracy cases. 

Experience
  • Successfully defended a series of national manufactures of consumer products against a $2.5 million claim, which included breach of contract, breach of the covenant of good faith and fair dealing, common law fraud and a violation of the New Jersey Consumer Fraud Act.  All claims against our clients were dismissed with prejudice after the conclusion of a two-week trial. Moreover, our clients were awarded a judgment in excess of $200,000.00.
  • Represented two national builders in a federal lawsuit against the Township of Monroe New Jersey regarding a town ordinance that barred anyone under age 55 from moving into an age-restricted housing development.  We successfully negotiated a settlement which put the township into compliance with federal law by allowing homes in the development to be sold to couples in which one person is at least 55 and the other at least 48.
  • Represented closely held distribution business in a breach of contract dispute. After a two-week jury trial, our client was awarded a $1 million verdict.
  • Represented a financial advisory firm in an investigation by the Securities and Exchange Commission for alleged insider trading activities. After a series of meetings between our client and the SEC, the investigation was dropped and no charges filed.
  • Represented numerous corporations in defending lawsuits filed by bankruptcy trustees seeking to recover pre-bankruptcy payments known as "preference payments" in New Jersey and New York.
  • Represented a distributor in litigation brought under the New Jersey Franchise Practices Act. The matter was settled before trial and our client recovered $1.5 million.
  • Represented the majority shareholders of one of the largest radio stations in New Jersey in a nine-month long trial against the minority shareholders, which ultimately resulted in a favorable settlement for our clients.
  • Currently representing a financial advisory firm in a Pennsylvania State Court on claims of defamation and business disparagement against the county controller of one of the largest Pennsylvania counties. The firm successfully resisted the controller's motion for summary judgement and the case is now on appeal.
  • Won a $425,000 fraud verdict for a group of clients against their former stockbroker in a trial in U.S. Bankruptcy Court in New York.
  • Won a preliminary injunction in U.S. District Court in Illinois for a software developer against a competitor enjoining the competitor from infringing on the copyrights owned by the client in its educational software package.
  • Currently representing the U.S. subsidiary of a large German company in the defense of construction litigation arising out of one of New Jersey's largest pollution control projects.