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The employment agreement is a document that helps both employer and employee assess their relationship to each other. You have two sides to the agreement. However, protecting the interests of each side should be a cooperative and not an antagonistic endeavor. The goal is to protect the harmony that exists at the beginning of an employment relationship and not to be one-sided in either direction.
For the past 20 years, we have handled a broad array of commercial litigation matters, representing individuals as well as small- to medium-sized businesses in breach of contract claims, partnership and shareholder disputes and drafting transactional documents. Our firm has the flexibility to tailor our fee schedule to the needs of individual clients. We make it a point to map out an appropriate strategy for each client and each claim, so that costs are kept within control.
The contested issues in shareholder and partnership disputes often revolve around money: how much each party is entitled to under the terms of the agreement, as well as succession issues and other fallout from company break-up. It is not without reason these disputes are sometimes called "business divorces."
The remedy in a breach of contract claim is to put you in the same position you would have been in if the contract had never been violated. The court can either compel performance under the terms of the contract or allow you to collect compensation for damages caused by the breach.
One of the more frustrating aspects of litigation is the enforcement of judgments. You may have been elated by the entry of a large judgment against your adversary, only to find that the judgment, standing alone, does you no good at all. Perhaps you enlisted the assistance of a "collection" firm, only to find that the firm may be competent to handle the simplest of cases, but has neither the desire nor temperament to pursue a determined defendant intent on avoiding enforcement of your claim.
Having represented both management and individual employees, our lawyers have a unique perspective which enables us to resolve cases quickly or litigate matters aggressively, and to know which tactic to choose in any given circumstance.
Noncompete agreements are a growing area of litigation. Employees often sign these agreements as a part of their employment agreement. The restrictive covenant may go unnoticed for years, until there is a parting of the ways with the employer. Then one day after the employee has started a new job, he or she receives a nasty letter from their prior employer.
Property in New York City is extremely valuable, so the stakes are high in almost any real estate dispute. Our lawyers have more than 20 years of experience representing landlords and tenants, buyers and sellers, and property owners and developers in a broad array of real estate litigation.
We have successfully represented injured individuals in a variety of malpractice claims, ranging from surgical errors, misdiagnosis, improper prescription of drugs and dental malpractice. All of these cases required extensive medical research, dogged determination and relentless preparation.
Our lawyers are highly skilled at writing clear and persuasive briefs. Briefs carry great weight at the appellate level, since your attorney must make a written argument to the appellate court why a verdict should be reversed or affirmed. The written brief is all the appellate judge will use to decide whether the case will be heard.
Our attorneys represent clients in federal and state courts in the New York City area, including the Bronx, Brooklyn, Manhattan, Queens, Staten Island, and Long Island, as well as Rochester, Buffalo, and White Plains.
Contact the New York civil litigation law firm of Himmel & Bernstein for more information.
New York City Civil Litigation Law Firm
