Our Litigation group is well known for taking on the most difficult cases.  We spearheaded the legal challenge to the MTA payroll tax, a fight later joined by municipalities and legislators across the region.  We obtained the first civil judgment against sub-brokers of the Agape World Ponzi scheme, obtaining a multimillion dollar damage award for our clients.  We represented an emerging medical device company in a complicated trade secret misappropriation case involving highly technical issues in the esteemed Delaware Court of Chancery.  Our attorneys have the experience, creativity, and drive to take on the most complex matters our clients face.

Led by Patrick McCormick, our team includes seasoned litigation attorneys with extensive courtroom experience, honed over careers spanning private practice, on the bench as state and local judges, and as prosecutors on Long Island and in New York City.  We have substantial trial experience in a vast array of matters including business litigation in federal and state court, courts throughout the country, as well as before various state and federal regulatory agencies nationwide.

We believe that the most effective way to negotiate on your behalf is to always be prepared to go to trial.  As such, we immediately develop a targeted, strategic approach to every matter, taking into account our clients’ ultimate goals for themselves and their businesses.

We also recognize that result achieved in a case by motion practice or at trial are worthwhile only if they can be upheld on appeal.  Our team has significant appellate experience, handling hundreds of appeals and oral arguments on the state and federal levels (including the New York State Appellate Divisions, the New York State Court of Appeals, Delaware Supreme Court, the United States Court of Appeals for the Second Circuit, and petitions to the United States Supreme Court).  Clients and fellow attorneys trust our appellate team with appeals involving critical issues in commercial litigation, land use, and criminal justice.  Our work includes collaboration with trial counsel as trials progress to ensure the proper preservation of issues for eventual appellate review.

Commercial Litigation

We represent clients in a variety of commercial and corporate-related matters including shareholder and partnership disputes, dissolutions and business divorce, breach of fiduciary duty (including officers, shareholders, and board members), antitrust and unfair competition, fraud, breach of contract, and debtor/creditor disputes.  We also have unique experience in RICO (Racketeer Influenced and Corrupt Organizations Act) matters in the business context on issues ranging from investments to theft of corporate opportunity.

Labor & Employment

The firm aggressively defends employers in a full range of labor and employment litigation matters.  These cases include individual and class actions pertaining to wage and hour issues, wrongful termination, discrimination and harassment, breach of employment contract, allegations of FLSA violations, and non-compete/restrictive covenant matters.  We regularly litigate these issues before various administrative and government agencies as well as in state and federal court.

Prevailing Wage

The firm defends contractors, subcontractors, builders, and other industry professionals in litigation concerning federal, state, and local prevailing wage laws and regulations, including on a class action basis.

Intellectual Property

We litigate high-stakes intellectual property disputes on matters involving trademarks, copyrights, and patents.  We also handle litigation pertaining to IP agreements, trade secrets, and unfair competition claims in multiple jurisdictions.  Our team enforces and defends trademark rights in opposition and cancelation proceedings before the Trademark Trial and Appeal Board (TTAB) of the USPTO and in domain name administrative proceedings under the Uniform Domain Name Dispute Resolution Policy (UDRP).

Environmental and Land Use

The firm works with clients to efficiently resolve environmental disputes.  We handle civil cost recovery litigation, State Environmental Quality Review Act (SEQRA) issues, zoning disputes, challenges to administrative and municipal determinations via Article 78 petitions, insurance claims, and matters concerning the New York State Department of Environmental Conservation (DEC) and United States Environmental Protection Agency (EPA).  We also represent clients charged with environmental crimes and handle appeals of all environmental-related matters.

Real Estate

We represent clients in all aspects of real estate litigation, including landlord-tenant disputes and proceedings, title claims, boundary disputes, adverse possession, easements, and real estate contract matters.  We also represent clients in cooperative, condominium, and homeowner association disputes.

Estate Litigation

The firm represents fiduciaries and beneficiaries in a variety of estate and trust litigation matters including will contests, contested accountings, and disputes involving competency and asset recovery.  Our team is also experienced in handling appeals of these matters.

Regulatory Agencies

Companies and individuals regularly turn to us for representation before state and federal regulatory agencies, including the New York and U.S. Departments of Labor (DOL), the Securities and Exchange Commission (SEC), the NYC Department of Consumer Affairs (DCA), and the New York State Attorney General’s Office.

Banking Litigation

CMM attorneys are seasoned litigators with extensive courtroom experience representing financial institutions, banks, and other lenders in a variety of matters including commercial and residential foreclosure actions, collection matters, mergers and acquisitions, regulatory issues, UCC claims, and commercial matters including breach of contract and director and officer liability.

Alternative Dispute Resolution

When litigation is the proper course, our attorneys aggressively and zealously advocate for our clients in that arena.  When no-holds-barred litigation may not align with the clients’ goals, we guide clients through various alternative dispute resolution (ADR) procedures, including arbitration, mediation, mini-trials, summary jury trials, expert fact-finding, and early neutral evaluation.