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Practice Leader: Howard Graff

In commercial disputes and litigation, Dickstein Shapiro is the firm to have in your corner. With more than 200 litigators supported by dozens of corporate, regulatory, and government relations professionals, Dickstein Shapiro is the firm to turn to for smart litigation that achieves results.

In the know

Litigation is a powerful business tool, but it takes the right counsel to know how to use it. Litigation is not just about winning a case. It’s about achieving specific business goals for the client. Our litigators work with attorneys in our corporate and finance, government relations, and real estate practices to first and foremost understand the client’s business so any litigation is undertaken with a knowledge of both the risks and rewards for the client.

In the ring

When the time is right and our clients and attorneys agree that litigation is the best course of action, we act quickly. We know that protracted litigation can affect your bottom line, so we approach each case with the goal of keeping things efficient and coming out strong so cases can be resolved quickly and decisively.

In the spotlight

With scores of high profile clients, high stakes cases, and precedent-setting wins, our litigators are in the spotlight and making national headlines, including coverage in The Wall Street Journal, The New York Times, The Washington Post, national television news stations, and other major media outlets. We are ranked as one of the leading litigation practices by Chambers USA: America’s Leading Lawyers for Business. Of the firm, Chambers writes: “Marrying ‘top-notch’ client service with first-class legal expertise, this is ‘a firm that revels in the nitty-gritty of trial work.’

Commercial Real Estate

The commercial real estate markets are confronting an unprecedented crisis. In a perfect storm of collapsing property values, looming loan maturities, and credit woes, pressure has never been higher for every market participant. In the midst of this crisis, Dickstein Shapiro is a powerful ally. Our litigators have secured huge wins for our clients, often with precedent-setting implications. Through targeted, proactive litigation strategies, our litigators give clients additional leverage to achieve favorable results.

  • The firm represents Destiny USA in connection with the construction of a multibillion dollar project that breaks new ground in green technology and retail concepts. The project is financed by both public and private funding from a commercial lender, municipal bonds, state Brownfield tax credits, and federal green bonds. The firm recently obtained a precedent-setting injunction compelling Citigroup to fund the construction loan required to complete the project.
  • The firm represents Arbor Realty SR, Inc. and Arbor Realty Funding LLC, subsidiaries of a publicly traded real estate investment trust, in connection with a lawsuit brought to protect Arbor’s $75 million mezzanine loan in a construction project located in Flushing, Queens. The lawsuit alleges that the project’s senior lenders (acting in concert with the borrowers) contravened an intercreditor agreement by impairing the value of Arbor’s investment (by amending the loan agreements without Arbor’s consent). 
  • The firm represented Helmsley-Spear, Inc., the real estate management company in multifaceted litigation challenging the management and ownership of certain commercial properties in New York City (including the Empire State Building, the Toy Building, the Fisk Building, and the Lincoln Building). A significant component of that litigation was an arbitration that spanned more than 60 hearing days and resulted in a complete vindication of Helmsley-Spear and the rejection of efforts to oust the management company from 11 buildings. The firm ultimately won a significant decision in the New York Court of Appeals, confirming the arbitration award in favor of Helmsley-Spear and establishing the standard of review that New York courts must apply to arbitration awards that are subject to the Federal Arbitration Act. Wein & Malkin v. Helmsley-Spear Inc. (6 N.Y.2d 471 (2006)).

Alcoholic Beverage Industry

Companies in the heavily regulated alcoholic beverage industry face unique challenges in commercial disputes. With major victories on behalf of distributors such as Charmer/Sunbelt and W.J. Deutsch and retailers such as Zachys, Dickstein Shapiro’s team of litigators has developed a reputation for representing companies in the alcoholic beverage industry in every type of commercial and corporate governance dispute.

  • The firm has built a national reputation in the alcoholic beverage industry as a result of its involvement in lawsuits across the country challenging state statutes prohibiting unlicensed out-of-state producers from shipping their alcoholic beverages directly to in-state consumers. Working to maintain state regulatory systems under which alcoholic beverages are distributed in a responsible and reasonable manner, the firm has acted as counsel for wholesalers in litigation, including the New York case that went up to the United States Supreme Court (Granholm v. Heald (544 U.S. 460 (2005)) and the more recent case upholding New York’s ban on the crossborder shipments of alcoholic beverages (Arnold’s Wine, Inc. v. Boyle (571 F.3d 185 (2d Cir. 2009)).
  • The firm represented Charmer Industries in the action brought by Eber Brothers, the terminated distributor of Allied Domecq (the supplier of many popular spirit brands). After Charmer opposed Eber’s preliminary injunction motion, the case folded—without Charmer paying anything in settlement or otherwise. 
  • The firm represented W.J. Deutsch when Renwood Winery terminated Deutsch as its exclusive wine marketing firm and thereafter sued Deutsch (in an arbitration) for damages; Deutsch counterclaimed for damages flowing from the breach. After a year-long arbitration, Deutsch prevailed on all fronts—defeating all of Renwood’s claims (for which Renwood sought over $77 million) and obtaining more than $5 million on its counterclaims. 
  • The firm represents Deutsch, the distributor of Yellowtail wines, in a lawsuit regarding the insolvency of Ascentia, one of Sonoma County’s largest wine companies. 
  • The firm represented Zachys, one of the largest retailers of alcoholic beverages in New York, in its litigation against its former wine auction joint venture partner. Following the successful settlement negotiated by the firm, Zachys formed what has become the country’s premier wine auction company. 
  • The firm successfully represented Charmer Industries in a dispute between Bacardi USA and Premier Wine and Spirits, following Bacardi’s termination of Premier and appointment of Charmer as its distributor in New York. Charmer Industries is now Bacardi USA’s primary distributor in the New York metropolitan market.

Arbitration/Non-litigation Solutions 

Our litigators frequently employ alternative dispute resolution as a vehicle to advance our client’s business objectives. Our attorneys have successfully arbitrated a substantial number of domestic and international matters:

  • The firm represented Comverse, Inc., a subsidiary of one of the world’s premier telecommunication companies, in the multimillion dollar arbitration resulting from Comverse’s termination of a large South American distributor. Comverse was awarded almost $40 million against ATI Chile and its sister companies in Brazil, Peru, Bolivia, and Ecuador, an award which was confirmed by the federal court for the Southern District of New York.
  • The firm successfully defended the domestic manufacturer of laser vision correction equipment in disputes with its foreign distributors (in Germany, India, and Colombia) regarding termination of the distributorship and in arbitrations before the AAA International Center for Dispute Resolution. 
  • The firm successfully represented TSG, a well known private equity fund (known for the development of branded consumer products such as Famous Amos Cookies and Vitamin Water) in connection with the claims made by three former members for more than $40 million.
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