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Commercial Litigation

The hallmark of commercial litigation is economic harm. When a business transaction fails, the attorneys of Marshall Dennehey Warner Coleman & Goggin are poised to assist our clients in the resolution or favorable workout of these issues and/or claims.

While our attorneys routinely look to negotiate business solutions to business issues, they are first and foremost skilled trial lawyers. We assist clients in matters ranging from single-matter injunctions to complex financial litigation, recognizing that commercial litigation matters are as varied as there are types of businesses.
With more than 30 distinct practice groups, Marshall Dennehey's attorneys work closely with many of their firm colleagues in related practice areas. This depth of experience assures our clients that their business is understood and their interests are effectively represented.
We regularly represent clients in the following areas of commercial litigation:

  • Acquisition and/or divestiture of business interests
  • Restraint of trade and restrictive covenants
  • Breach of fiduciary duty and abuses of trust
  • Disputes involving the purchase and sale of goods and services
  • ERISA and employment litigation
  • RICO
  • Fraud and deceptive trade practices
  • Privacy and data security
  • Real estate transactions
  • Securities law violations
  • Technology and intellectual property
  • Violations of trademark, copyrights and trade dress 
Dec 1, 2017
After seven years of litigation, we obtained a dismissal with prejudice in favor of our client, a prominent cardiologist, in a negligence and fraud case involving the operation of a Ponzi scheme. ​The 16 plaintiffs brought suit in 2010 against our...
Aug 30, 2017
Obtained a defense verdict on all claims in a breach of contract/quantum meruit action in Chester County. ​The matter involved a dispute between a premium financing company and a Managing General Agent (MGA) concerning the financing of an insurance...
Dec 6, 2016
We achieved voluntary dismissal upon preliminary objections in a commercial litigation case. The plaintiff, a towing company located in Western Pennsylvania, towed a vehicle at the request of the Pennsylvania State Police after a single vehicle...
Feb 16, 2015
Secured a discontinuance for a multi-national auto financing company in a Chancery Division action in New Jersey arising out of claims by a potential franchisee against a dealership, the vehicle manufacturer, the financing company and a potential...
Nov 18, 2013
A three-day trial in the Orphans Court of Philadelphia resulted in a defense verdict for a local Asian benevolent organization that sought to remain independent of a national organization. The national organization claimed that the local...
Oct 17, 2011
Attorney obtained dismissal on preliminary objections for lack of personal jurisdiction over n out of state businessman with regard to a commercial transaction involving an in state resident who sought to enforce a contract clause which he claimed...
Aug 29, 2011
Attorney obtained a defense verdict after the court granted his motion in limine to preclude all evidence of direct damages along with any evidence of lost profits in a commercial business dispute. Our client had filed a breach of contract claim...
Sep 28, 2009
Attorneys obtained a defense verdict on behalf of a large in a binding commercial arbitration.  Plaintiff brought suit pursuant to Restatement (Second) of Torts section 552, contending that the bank issued a false authorization code for purchases on...
Law Alerts January 1, 2019
The Appellate Division affirmed the trial court, holding that the Comparative Negligence Act, N.J.S.A. §§ 2A:15-5.1 to 2A:15-5.8, applied. Since the mortgagor’s lack of familiarity with the terms of the financing agreement..., Case Law Alerts, 1st Quarter, January 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
Defense Digest Article December 10, 2018
Defense Digest, Vol. 24, No. 4, December 2018 By Jeremy J. Zacharias, Esq.* Key Points: New Jersey Supreme Court holds that an attorney’s pledge of anticipated counsel fees can be considered an account receivable. When an..., Defense Digest, Vol. 24, No. 4, December 2018. Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide...
Defense Digest Article March 1, 2015
Key Points: The Supreme Court of New Jersey has authorized a complex business litigation program. Starting January 1, 2015, complex commercial and complex construction cases may be eligible for the program. The program includes a..., Defense Digest, Vol. 21, No. 1, March 2015 Defense Digest is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal...
Defense Digest Article June 1, 2012
Florida – Commercial Litigation Key Points: The Florida Supreme Court held that F.S. 607.0850 provides for indemnification of directors of a condominium association when sued by the association itself. Provisions in an..., Defense Digest, Vol. 18, No. 2, June 2012
Defense Digest Article September 1, 2011
Pennsylvania – Contract , Key Points: Truthful statements alone do not give rise to a claim for intentional interference with contractual relations. It is appropriate to look to the Restatement in analyzing claims for intentional interference with contractual..., Defense Digest, Vol. 17, No. 3, September 2011
Defense Digest Article
A Limits of Liability clause is a contractual provision that attempts to set a cap on liability for breach of the terms of the agreement or for other forms of liability. Until recently, in Florida Limits of Liability clauses designed to protect..., Defense Digest, Vol. 15, No. 3, September 2009
May 21, 2018
Howard J. Smith, an accomplished litigator with 19 years of experience, has joined the Manhattan office of Marshall Dennehey Warner Coleman & Goggin as Special Counsel in the firm's Professional Liability Department. He previously practiced with Olshan Frome Wolosky LLP in New York City. An...
February 21, 2018
Marshall Dennehey has expanded its Florida Casualty Practice with the additions of  Michael J. Bradford and Julie Cunningham Aiello in the firm’s Tampa office. Mr. Bradford joins as a shareholder and Ms. Aiello joins as an associate. Both attorneys previously practiced at Hamilton Miller &...
August 18, 2015
Arthur W. Lefco, professional liability attorney in the Philadelphia office of Marshall Dennehey Warner Coleman & Goggin, has been named the 2016 Legal Malpractice Law – Defendants "Lawyer of the Year" for Philadelphia by Best Lawyers in America©. Mr. Lefco was additionally recognized by Best...


Jay S. Rothman
Co-Chair, Class Action Litigation Practice Group
(215) 575-2802

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