Litigation

The attorneys of Sherman Wells have extensive experience in virtually all areas of commercial and business litigation. Our firm represents businesses ranging in size from closely-held small businesses to Fortune 500 companies,  partnerships, limited liability companies, corporations and individuals in all aspects of litigation in state and federal courts, both at the trial and appellate levels, and in alternative dispute resolution proceedings, such as arbitrations and mediations.   Our litigation practice extends to virtually all areas of law, including contract and commercial disputes, banking litigation, shareholder and securities litigation, estate and fiduciary litigation, broker-dealer litigation and arbitration, professional liability and fiduciary and directors’ and officers’ liability.

 
AREAS OF EXPERIENCEExpand All
Contract/Commercial Disputes

Our attorneys have decades of experience representing clients in a wide range of contract and commercial disputes. We regularly represent businesses and individuals in connection with claims relating to breach of contract, real estate and lease disputes, and commercial tort cases, including claims of fraud, tortious interference, unfair competition and consumer fraud.

Shareholder and Securities Litigation

Our attorneys have handled numerous cases involving securities claims and shareholders. We have successfully defended companies against post-acquisition or merger claims brought by dissenting shareholders. We have also represented companies and their members in minority shareholder oppression actions.

Fiduciary and Estate Litigation

The attorneys at Sherman Wells have successfully represented individual executors, trustees, personal representatives, guardians and other fiduciaries, as well as beneficiaries and other interested parties, in all aspects of fiduciary litigation before the Superior Court of New Jersey and the Surrogate’s Court in New York.

Our firm has extensive experience litigating diverse fiduciary disputes involving trusts and estates, including will contests involving allegations of undue influence and lack of testamentary capacity, will and trust construction and reformation, contested fiduciary accounting proceedings, other proceedings involving alleged breaches of fiduciary duties, and the appointment or removal of fiduciaries.

Our Fiduciary and Estate Litigation Team:
Julian W. Wells, Partner
Joshua S. Bratspies, Partner
Jordan D. Weinreich, Counsel


Broker-Dealer Litigation and Arbitration

The attorneys at Sherman Wells regularly represent broker-dealers and their employees in a wide range of matters, including customer disputes, employment disputes, securities-backed lending, anti-money laundering and asset forfeiture, subpoenas, levies and garnishments and regulatory enforcement defense. We have extensive experience representing broker-dealers and their employees in a wide range of complex securities litigation matters brought before the Financial Industry Regulatory Authority (FINRA) and federal and state courts throughout the country and routinely, and successfully, defend brokerage firms in both pre-arbitration customer disputes and sales practice arbitrations. We are also experienced in handling promissory note litigation against former employees, claims for violation of non-solicitation agreements and raiding and recruiting disputes and have successfully defended broker-dealers against claims by former employees and have handled numerous expungement proceedings before FINRA.

Sherman Wells attorneys have recovered millions of dollars in defaulted securities-backed loans for our clients. Our attorneys have also handled a broad range of money laundering investigations and are experienced in responding to state and federal authorities concerning complex fraudulent schemes, including civil and criminal asset forfeiture proceedings, particularly where forfeiture is being sought of assets that are pledged as collateral for securities-backed loans. We regularly work with government agencies, including the U.S. Attorney’s Office, the Office of Foreign Assets Control (OFAC) and state District Attorneys’ offices, to favorably resolve asset seizures and forfeitures for our clients.

The firm’s attorneys have handled subpoenas, levies and garnishments throughout the country for our broker-dealer clients, and regularly provide counseling with regard to inquiries from the Internal Revenue Service, complying with liquidation and turnover orders and producing documents pursuant to third-party subpoenas.

Fiduciary Liability/D&O Litigation

The attorneys of Sherman Wells have extensive experience representing clients in litigation arising from the formation, operation and dissolution of businesses. Our attorneys have successfully defended businesses and their directors and officers against claims of breach of fiduciary duty, corporate mismanagement, shareholder oppression and corporate waste. We have also successfully defended and pursued claims involving the misappropriation of trade secrets and confidential business information by a former employee and the enforcement of restrictive covenants.

Banking Litigation

Our attorneys have extensive experience representing commercial banks, savings banks, savings and loan institutions, and other financial institutions in connection with litigation-related matters. Several Sherman Wells attorneys spend the majority of their time representing banks and financial institutions in commercial foreclosure actions, actions on commercial notes and guaranties, and commercial loan workouts and restructurings, and have successfully recovered substantial money judgments and foreclosed properties on behalf of our clients. Our attorneys have also represented our banking clients in recovering possession of and subsequently disposing of REO properties and landlord-tenant issues arising in connection with such properties.

Our attorneys have extensive experience representing banks and financial institutions in a broad range of other types of litigation, including RICO claims, shareholders’ actions, general collection matters, letter of credit cases and real estate-related litigation. We have also routinely and successfully represented banks and financial institutions in defense of lender liability and other claims.

Sherman Wells attorneys also have substantial experience representing banks in connection with retail banking matters involving claims brought under Articles 3 and 4 of the UCC by both customers and non-customers. In addition, our attorneys handle consumer class actions against banks and financial institutions involving claims brought under New Jersey’s Secondary Mortgage Loan Act, the Federal Truth in Lending Act, and New Jersey’s Consumer Fraud Act.

Professional Liability Defense

The attorneys at Sherman Wells have significant experience defending attorneys and other professionals against professional liability claims. Every step of the way, our attorneys work closely with the client, whether it is a solo practitioner or an international law firm, to develop a litigation strategy that eliminates or significantly reduces the client’s exposure in a cost-effective and efficient manner. Given the broad scope of the firm’s litigation and corporate practice areas, our attorneys routinely defend attorneys against claims of negligence and breach of fiduciary duty arising in litigation and transactional matters, including real estate transactions, loan transactions, trusts and estates matters, and general corporate counseling.