Members of the firm have successfully litigated many matters involving the federal Petroleum Marketing Practices Act (the "PMPA"), antitrust and unfair business practice cases against virtually all of the major oil companies as well as many state cases including the areas of practice below:

Statutory Right of First Refusal

  • The statutory right of first refusal allows a party to have the first opportunity to purchase property or assets before the owner offers them to others. This right is often included in lease agreements and can provide significant leverage to the holder. Understanding the specific statutes governing this right is crucial for both parties involved.

Illegal Contract Waivers

  • Waivers in contracts must adhere to legal standards. Any attempt to waive a statutory right or a public policy provision may render the contract unenforceable. It is essential to evaluate the legality of any waiver clauses to avoid disputes and potential litigation.

Lease and Supply Agreements

  • These agreements outline the terms under which goods or properties are leased or supplied. They must clearly define obligations, payment terms, and duration. It is vital that both parties review lease and supply agreements thoroughly to ensure compliance with relevant laws and regulations.

Wholesale/DTW and Predatory Pricing Claims

  • Predatory pricing occurs when a company sets prices extremely low in an attempt to eliminate competition. Claims related to wholesale pricing and direct-to-wholesale (DTW) methods require careful analysis of pricing strategies and market dynamics to establish whether they violate antitrust laws.

Unfair Business Practices

  • Unfair business practices involve deceptive or fraudulent actions by a business that harm consumers or competitors. Identifying and addressing such practices is critical for maintaining fair competition in the marketplace.

Trademark

  • Trademarks protect brands and their associated goods or services. Proper registration and enforcement of trademarks are essential to prevent unauthorized use and to maintain brand integrity in a competitive environment.

Trade Dress and Copyright Matters

  • Trade dress protects the visual appearance of a product or its packaging if it is distinctive. Copyright matters involve the protection of original works of authorship. Understanding the nuances of both areas is important for safeguarding intellectual property rights.

Royalty Reclamation

  • Royalty reclamation involves recovering unpaid royalties due to contractual obligations. Companies must establish effective tracking and enforcement mechanisms to ensure they receive owed royalties and comply with relevant laws.

Real Estate Litigation

  • Real estate litigation encompasses disputes over property transactions, leases, and development agreements. Engaging legal counsel experienced in real estate law is critical in navigating these complex issues effectively.

Employment Wage and Hour Claims and Defense

  • Employment wage and hour claims arise when employees believe they are not fairly compensated for their work. Defending against such claims requires an understanding of labor laws and proper documentation of employee hours and payment.

Personal Injury

  • Personal injury claims arise when individuals suffer harm due to another's negligence. Understanding the legal framework surrounding these claims is essential for both plaintiffs seeking compensation and defendants responding to allegations.

Medical and Legal Malpractice

  • Medical and legal malpractice cases involve claims against professionals for failing to provide standards of care that result in harm. Establishing the extent of negligence and its impact on the plaintiff is critical in these matters.

Insurance Bad Faith Claims

  • Insurance bad faith occurs when an insurance company unreasonably denies a claim or fails to settle within policy limits. Policyholders should be aware of their rights in these situations, as pursuing a bad faith claim can lead to additional compensatory damages.

Ask us what we can do for you. Here are some examples of the services our firm can provide:

  • Residential and Commercial Real Property Contracts: If you sign a document, you agree to its terms. That's the law, regardless of what you intended. The time to find out what you're getting into is before you sign, not after a problem arises. Our team of experienced attorneys can help you determine your rights and responsibilities regarding key contract clauses. We will also help you develop negotiation strategies that maximize your leverage and return.

  • Transactional Documents: A real estate transaction can involve leases, sales contracts, promissory notes, security agreements, deeds of trust, environmental reports, partnership agreements, corporate resolutions, mechanic lien issues as well as other general advisement areas. Advice should be sought before signing documents.

  • Advice: Whether negotiating a lease or a purchase and sale agreement including the numerous related documents, obtaining advice before you agree to the terms and conditions can save you money and anxiety should a problem arise after execution of the agreements. Over the years, our firm has reviewed hundreds of leases, drafted hundreds of real property purchase agreements and business purchase and sale agreements, and if necessary litigated disagreements over such transactions. 

  • Ensuring effective risk management: Of course you have to take risks to make money. But the informed businessperson makes sure he or she takes only calculated risks. Good legal advice is critical to successful risk management and can be a key factor in maximizing your leverage and your potential return.