Business and Commercial Litigation and Services

Arbitration & Mediation
Bendit Weinstock's attorneys have extensive experience in alternative dispute resolution, including arbitration and mediation, which often are utilized as a way to resolve disputes without formal litigation. Individuals and businesses often can benefit from participating in mediation or arbitration, as these methods of dispute resolution can be cost effective as well as less adversarial than a court proceeding. Alternate dispute resolution is a private method of addressing disputes, whereas litigation in court is a matter of public record.

Our attorneys have represented businesses and individuals in private as well as Court-directed mediation and arbitration, and many have served on mediation or arbitration panels.

Business, Corporation Formation & Counseling
Bendit Weinstock's business clients include corporations, partnerships, limited liability companies, and closely held businesses. Our attorneys are able to counsel our business clients with sensitivity to their unique needs and creative approaches to their problems. We address legal concerns of businesses from the start-up phase, through growth, and in the ongoing day-to-day operation of a business. We offer expertise in a wide range of substantive areas, including formation of the entity, corporate/entity governance and procedures, contract drafting and review, corporate and internal business disputes, transactions, and regulatory issues.

Business Litigation
A major component of our firm's practice is litigation on behalf of businesses in the state and federal courts of New Jersey, including the state Chancery Court. We handle business litigation in a variety of areas, from intellectual property disputes, to breach of contracts and agreements. We approach business litigation with a practical eye – and the knowledge that the primary goal of a businessperson is to resolve the dispute effectively and with a minimum of time diverted from the operation of the business. We strive to learn the details of our clients' businesses, to enable us to effectively advocate on their behalf – and resolve their disputes efficiently.

Collections
Many businesses face issues, one-time or ongoing, relating to collection of accounts, or after a lawsuit, collection of a judgment. We strive to provide our clients with information to enable them to evaluate the practical aspects of collection issues - whether the debt is worth pursuing, and whether collection from a debtor's assets is likely. Enforcement of a judgment is sometimes as difficult as the lawsuit itself. If suit is filed, we pursue it efficiently, with the ultimate goal not only of obtaining a judgment, but enforcing it.


Contract Enforcement
A great deal of litigation between business entities involves contracts and agreements which have been crafted to establish the parties' rights and obligations, but which often need to be enforced, as well as interpreted. Our attorneys have expertise in gathering, and sifting through factual information necessary to evaluate breach of contract issues, and in focusing upon contract provisions which may need to be interpreted in litigation. This area of the law often requires in-depth analysis of the purpose of the contract and its provisions, as well as of the conduct of the parties, to determine their rights and obligations. Our attorneys have a proven track record in litigating contract-based business disputes, and in providing practical counseling with respect to resolution of contract-based disputes in non-judicial forums.

Environmental Litigation
Our attorneys have experience in dealing with environmental regulatory issues, as well as litigating disputes involving environmental issues. We counsel clients on a broad range of issues, including compliance and reporting obligations. We also have experience in the area of remediation responsibility, and in dealing with insurance issues relating to remediation. Our attorneys also counsel clients with respect to environmental issues which should be addressed in various business transactions, including real estate transactions.

Financial Transaction Litigation
Bendit Weinstock has represented financial institutions as well as individuals and businesses in litigation relating to financial transactions, from secured transactions to mortgage loans. We also represent creditors in bankruptcy proceedings in the New Jersey bankruptcy Courts.

Insurance Coverage Litigation
Our attorneys are experienced in dealing with all nature of disputes relating to insurance coverage. Denial of coverage, or an insurer's defense of a matter with a reservation of its rights, at times are matters which should be examined in-depth, from a legal perspective. In the business context, it often is necessary to address and resolve insurance disputes quickly, to enable the business to move forward with certainty relating to potential liability. Our attorneys have the expertise to evaluate and advise as to one's rights under policies of insurance which have been purchased, and under which coverage is expected.

Intellectual Property
Bendit Weinstock's attorneys are experienced in a broad range of litigation involving intellectual property. We have litigated matters in the New Jersey state and federal courts relating to unfair competition, business torts, restrictive covenants, trademarks, licensing, royalties, confidentiality agreements, and trade secrets. We are well-prepared to evaluate and address this often complex and difficult litigation, and if time is of the essence in protecting one's intellectual property, we have the resources and expertise to bring a matter before a court expeditiously, by seeking emergent injunctive relief. We have represented both plaintiffs and defendants who find themselves involved in disputes over intellectual property – often critical to the survival of a business.

Regulatory Issues
Bendit Weinstock's attorneys are experienced in representing clients before state administrative agencies in a variety of regulatory matters. Such representation requires expertise in procedural matters, as well as familiarity with complex substantive regulations and their application.


Transactional Services
Bendit Weinstock regularly represents business clients in a wide range of transactions, from formation of the entity, to financial, regulatory and other transactions required in the day-to-day operation of a business. Our attorneys provide practical advice and guidance to enable our clients to make necessary business decisions, and proceed on their behalf to reach their goals. We are experienced in drafting and negotiating the terms of documents necessary to close transactions.