Commercial Litigation Attorney

Business litigation involves legal disputes stemming from business-related or commercial relationships where the parties seek to resolve the conflict through the legal system. Business litigation usually raises complex, industry-specific issues and proceedings may be conducted in venues ranging from state and federal courtrooms to administrative hearings and private arbitrations.

The commercial litigation attorneys at the law firm of Thomas H. Curran Associates represent regional, national, and international clients involved in business litigation before state and federal courts. Our corporate lawyers have the skills and judgment necessary to provide business clients with legal advice, guidance, and aggressive advocacy. Our attorneys regularly represent business clients involved in the following types of controversies:

• Contract Disputes. These disputes arise when the parties to a business contract disagree about its terms. Contract disputes are often the result of poorly written agreements, but they can arise with any business contract. An attorney from Thomas H. Curran Associates can help clients evaluate the terms of a contract before it is finalized and represent clients in resolving a contractual dispute through negotiations, dispute resolution procedures, or litigation.
• Business Torts. Sometimes known as “economic torts,” business torts are wrongful acts that intentionally or unintentionally injure a business. Many wrongful acts fall under the umbrella of business torts, which can include everything from false advertising to the theft of trade secrets. Our attorneys have extensive experience with business torts and can help clients with both claims and defenses.
• Unfair and Deceptive Trade Practices. Both state and federal law bar transactions intended to mislead or deceive consumers and will subject businesses involved in unfair and deceptive trade practices to fines and penalties. The lawyers at our firm have the experience needed to represent businesses and individuals who have been victims of these practices and those defending themselves from unfounded claims.
• Shareholder/Director Litigation. While the shareholders in a corporation have little day-to-day input in the company’s management, they do have the power to take legal action to force the organization to make changes. The lawyers at Thomas H. Curran Associates can represent the interests of shareholders seeking to make changes to how a corporation operates as well as the interests of directors and officers defending themselves from shareholder actions.
• Employment Litigation. Employment law issues can impact both the livelihoods of employees and the future success of the businesses for which they work. Our attorneys understand the complexities of employment law as well as state and federal employment regulations. We represent both employees and employers attempting to settle a dispute before trial or advocate on their behalf in court or before agency tribunals.
• Probate and Estate Litigation. Probate litigation usually occurs when there is a dispute about how the assets of an estate should be distributed or who the estate’s executor should be. Challenges to the probate process are often complicated and the parties need to be represented by experienced attorneys like those from Thomas H. Curran Associates to ensure their rights are protected.
• Equitable Claims and Remedies. Not every lawsuit seeks monetary damages from the defendant. In some cases, the plaintiff’s claim seeks an equitable remedy, such as a judge’s order requiring the defendant to comply with an agreement or to stop taking actions that are damaging the plaintiff’s business operations. Our lawyers understand that equitable relief needs to be tailored to a client’s specific needs and work to obtain the necessary relief.
• Cross-Border Litigation. Globalization has increased the number of international opportunities available to U.S. businesses, but those opportunities have been accompanied by increased exposure to litigation in foreign jurisdictions. An attorney with our firm can help clients to develop strategies in response to international litigation and help manage the case when the client is involved in parallel litigation in the U.S. and abroad.
• Creditor Rights. Business and individual bankruptcies often threaten the rights of creditors to seek repayment from them. But creditors do have some rights that are protected in a bankruptcy proceeding. Thomas H. Curran Associates’s bankruptcy attorneys can assist secured and unsecured creditors in recovering loaned funds from a borrower that has filed for bankruptcy.

Often, business disputes can be settled outside of court, even after a lawsuit has been filed. The experienced business litigators at Thomas H. Curran Associates assist their clients in negotiating a settlement to the dispute to spare their clients the time, expense, and uncertainty involved in taking a case to trial. Additionally, most court documents are open to the public and there are times when the parties want to avoid the disclosure of commercially damaging or embarrassing information that may come to light during litigation.

Even companies that make concerted efforts to avoid business litigation can sometimes end up in a situation that can only be resolved through court action. When that happens, the experienced business litigators at Thomas H. Curran Associates provide clients with legal advice, guidance, and an effective courtroom advocate.

Foreclosure of residential and commercial real property varies by state because each one has its own laws governing the process and addressing such issues as the property owner’s options for bringing the loan current and the process for selling the property. Generally, foreclosures fall into two categories: (i) by judicial process or (ii) by statutory power of sale contained in the mortgage. Thomas H. Curran Associates mortgage foreclosure lawyers have conducted foreclosures under both methods in various states. The Firm has also served as foreclosure defense attorneys in certain cases. In many cases, Thomas H. Curran Associates’s lawyers also represent lenders and servicers in bankruptcy courts in cases that arise in connection with foreclosure proceedings. Individuals and businesses facing foreclosure should seek experienced legal counsel as early as possible to understand their rights, evaluate available options, and determine whether negotiation, litigation, or other legal remedies may help protect their interests.

In states that require judicial foreclosure, mortgagees must commence a foreclosure lawsuit asking the court for the right to sell the property in satisfaction of the underlying debt. Throughout the litigation, both lenders and borrowers may face complex procedural and evidentiary issues that require experienced legal representation. Judicial foreclosure is the primary method of foreclosure used in 22 states, including Florida, Illinois, New Jersey, New York, and Pennsylvania. When the state allows for it, the lender’s attorneys may ask the court to grant it a deficiency judgment if selling the property is not expected to fully pay off the borrower’s debt. If granted, the borrower will remain responsible for any unpaid debt following the foreclosure sale. Alternatively, there are 28 states that allow for non-judicial foreclosures, including Massachusetts, California, Texas, and Georgia. In those states, the mortgage foreclosure process is typically faster because it does not originate through the courts unless the borrower chooses to sue the lender.

The last significant U.S. economic downtown that began in or around 2008 stemmed in large part from the excesses of the home mortgage sector of our economy and related substandard lending practices. The resulting nationwide wave of foreclosures spawned years of litigation challenging mortgagees and lenders and servicers’ right to foreclose mortgages. This foreclosure litigation resulted in many novel legal theories to prevent foreclosure. Thomas H. Curran Associates’s lawyers have years of experience successfully litigating an array of mortgage foreclosure cases that raised numerous complex and novel defenses across multiple jurisdictions in both state courts and bankruptcy courts, with some cases resulting in complex appellate proceedings. The Firm also has deep expertise in ancillary relief such as receiverships and injunction proceedings that are sometimes required to secure the property during the foreclosure process.

By virtue of their broad and deep foreclosure and bankruptcy expertise, the attorneys at Thomas H. Curran Associates are uniquely positioned to advise and represent mortgage lenders and servicers, as well as borrowers in some cases, with their foreclosure proceedings. Our lawyers seek to utilize their experience advocating on behalf of clients to provide them with quality representation while assisting them in prosecuting or defending their foreclosure proceedings in the fastest, most efficient manner.