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Kirsch & Niehaus’s primary focus is on complex commercial litigation in the State and Federal courts of New York, and around the country.  Our cases run the gamut of business disputes: breach of contract, fraud, tortious interference, breach of fiduciary duties, unjust enrichment, and unfair competition. We litigate disputes involving investment agreements, service contracts, employment contracts, placement 

Commercial Litigation

agreements, asset and stock purchase agreements, LLC agreements, corporate charters and bylaws, and more.  We also litigate disputes based on non-contractual duties and obligations owed by and among investors, partners, co-owners, employees, and contracting parties. Our clients come from all industries, with a concentration in business and finance, and have included lenders, private equity funds, real estate brokers, manufacturers, investment banks, executives at private and public companies, and Broadway producers. 

  • Shareholder Representative Services v. Columbia Care, Inc. (Baltimore City Circuit Court)  Represent one of the largest multi-state cannabis operators in the east coast region in lawsuit seeking more than $100 million in damages arising out of an Agreement and Plan of Merger pursuant to which it was acquired by larger public cannabis multi-state operator. Claims include breaches of contract for failure to make payments under earnout provisions where financial targets were reached and failure to disclose material facts and liabilities, as well as related claims for fraud, tortious interference, and breaches of fiduciary duty.

 

  • Apollo Global Management, et al v. Siddiqui, et al. (JAMS arbitration and related state and federal cases)  Represent former employee of Apollo Global Management in various related arbitrations and lawsuits brought by global hedge fund for purpose of shutting down a competing investment fund.  The primary suit sought a permanent injunction against competing with Apollo, and $300 million in damages for breach of fiduciary duties, theft of trade secrets, and unfair competition. 

 

  • In re: Fyre Festival Litigation (E.D.N.Y.)  Represent rap artist Ja Rule in connection with consolidated nationwide class actions arising out of the infamous Fyre Festival.  Claims included fraud, breach of contract, and violation of various consumer protection statues. 

 

  • Broumand v. Abbott, Vita et al. (New York Supreme Court; 1st Appellate Department; AAA Arbitration)  Represent investors in an investment vehicle that funded a national cannabis startup against managers seeking damages in excess $150 million. Lawsuit involved derivative and double derivative claims against managers for claims of breach of fiduciary duty and related business tort claims alleging that managers misdirected assets, funds and other intellectual property and know-how from original entity to a new entity depriving original investors of their fair share of equity in new entity. 

 

  • TC Tradeco, LLC v. Karmaloop, AG, Greg Selkoe, et al. (New York Supreme Court; 1st Appellate Department)  Represent the CEO of urban wear company in a $10 million lawsuit arising out of alleged misrepresentations regarding loans to the company.

 

  • Yador v. Mowatt (E.D.N.Y.)  Represent founder of hip-hop karaoke company against breach of fiduciary duty claims brought by purported former partner.  Plaintiff alleges that a partnership existed between the two individuals, and that plaintiff is now entitled to a portion of the successful company built by defendant.

 

  • Quinn v. Kreindler & Kreindler, LLP  (D.D.C.)  Represent law firm against former lobbyist who has asserted claims for breach of contract arising out of a commission fee agreement for work in connection with lobbying Congress for the passage of the Justice Against Sponsors of Terrorism Act of 2016 (JASTA).  Plaintiff asserts claims for breach of contract, breach of good faith and fair dealing and other alternative quasi-contract arguments.

 

  • Steinberg, Senequier and LuxuryLoft, Inc. v. Douglas Elliman Real Estate, and related case (New York Supreme Court)  Represent executives and senior real estate agents in breach of contract action against Douglas Elliman, and represent executives in Elliman’s counter suit for breach of contract and theft of trade secrets in connection with their move from Elliman to competitor brokerage firm.

 

  • BCS Placements v. Crossbeam Capital, et al. (JAMS arbitration, S.D.N.Y.)  Represent private equity fund in dispute with former fundraiser over commissions due, and exclusivity rights to fundraise for subsequent investment funds.

 

  • Scura Paley Securities, LLC v. Encore Capital Group, Inc. (New York Supreme Court)  Represent a boutique investment bank against a former client in dispute over fee tail provisions in engagement letter.  Defendant claimed that waterfall calculation had not been satisfied by proceeds from sale of business.

 

  • Rosenblum v. Onyx Renewable Partners (JAMS Arbitration)  Represent former executive in arbitration against Blackstone portfolio company involving both claims and counter claims involving breach of separation agreement, fraud and theft of intellectual property.

 

  • Urben v. GridKor, LLC et al (E.D. Va.)  Represent founder and seller of business against buyer of business for  various material breaches of stock purchase agreement.  Allegations include that defendants’ breaches included violations of an earnout acceleration clause and $3.5 million earnout has become due and payable.

 

  • Marks Paneth, LLC v. Tin Cat London LP (New York Supreme Court)  Represented Broadway and West End producers of James Earl Jones / Felicia Rashad production of Cat on a Hot Tin Roof in litigation involving breach of agreements and professional negligence involving accounting firm.

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