General Business and Contract Litigation

We understand that business and contract disputes can be very expensive and time-consuming. They also distract business owners from what they do best—running their business and earning profits. When our business clients find themselves enmeshed in litigation, they often tell us what a headache it is, and how much they would prefer to be spending their time operating their business—not dealing with lawyers. We like to tell our clients to let their headaches become ours.We also understand that all businesses are unique, and that what may be the right approach for one client, may not be for another. Our commercial litigators will step in and craft effective, cost-efficient and unique strategies, with the ultimate goal of achieving the best possible result, for clients large and small,while minimizing unnecessary costs and disruptions.Sonkin • Koberna’s trial lawyers routinely pursue and defend a wide variety of business and contract disputes in state and federal court (as well as through many forms of alternative dispute resolution), from very complex matters involving multi-million dollar damage claims to smaller cases involving only a few thousand dollars. Our litigators have significant experience handling and trying cases involving:

    • UCC-related matters
    • Vendor, supply and distribution agreements
    • Promissory notes
    • Warranty claims
    • Franchise agreements
    • Loan and related agreements
    • Sale and merger agreements
    • Business torts, such as contract interference and unfair competition

At Sonkin • Koberna, we are willing to explore alternative fee arrangements with our clients, and to share the risk of recovery in the right case. We also know how to staff cases appropriately, so that our clients do not incur unnecessary or duplicative legal fees or costs. And if the best or only solution is to go to trial to protect your interests, our litigators have the experience and unwavering tenacity needed to do so.


  • Obtained an arbitration award of over $2 million on behalf of a local company whose supply contract with a national automobile manufacturer was terminated, and manufacturer took possession of tools and molds
  • Represented dealer in pursuit of claims against automobile manufacturer seeking to recover over $5 million in land acquisition, development and construction costs incurred by dealer-developer joint venture after manufacturer reneged on promise to enter into dealer agreement
  • Successfully pursued claims on behalf of leasing company against truck dealer for breach of contract and misrepresentation, resulting in substantial six-figure settlement
  • Obtained summary judgment in favor of consultant in action against Canadian manufacturer of heavy duty vehicles used in electric utility business, resulting in consent judgment of $600,000, plus 2% royalties for 20 years
  • Obtained a six-figure jury verdict against accounting firm for negligent advice, resulting in business losses
  • Represented former CFO of mortgage broker business in connection with claims for commissions and other unpaid compensation owed under phantom stock agreement
  • Represented purchaser of pulverizer machine in breach of warranty action against supplier of machine for damages caused by misrepresentations concerning capabilities of machine
  • Obtained judgment in favor of national automobile insurance company on claims brought by rental car company for indemnification under national account agreement for claims arising from accident involving driver of rental car
  • Successfully defended claims brought by employer seeking to enforce non-competition provisions contained in employment agreements entered into with previous employer prior to sale of the company
  • Obtained a jury verdict in favor of former employee for the full amount of a “retention bonus” earned by employee prior to his departure from a national insurance company
  • Defended partner in national law practice in legal malpractice action brought by investor in start-up business who claimed that law firm failed to protect his interest in investment
  • Obtained a jury verdict in favor of buyer of commercial real estate after seller refused to close purchase/sale transaction
  • Obtained judgment for national developer of retail shopping centers against a former retail tenant, and pursued collection through various collection hearings and other lawsuits against tenant, tenant’s bank, and tenant’s customers to collect nearly $200,000 of past due and future rent before funds were recovered by tenant’s other creditors
  • Represented former officers of real estate development firm in fraudulent conveyance action brought by contractor to recover unpaid construction bills
  • Represented owners of apartment facilities in action against lender to obtain release of replacement reserve funds needed to maintain property
  • Represented collection firm in dispute with software design firm regarding substandard performance of accounting and business software
  • Represented commercial borrower in putative class action in action against bank for charging more intererst than permitted under commercial promissory note
  • Recovered damages on behalf of manufacturer of insulating glass material from purchaser who wrongfully terminated requirements contract prior to the expiration of the contract term
  • Litigated legal malpractice claim relating to negligent advice given in connection with formation of charitable trust instrument
  • Obtained substantial arbitration award for exclusive naming rights partner of major league sports venue against major league sports franchise, both for money damages and removal of high profile sign that could be easily confused  as naming rights sign
  • Won judgement after trial in favor of auto dealer seeking to purchase car dealerships, successfully defeating claim that third party had properly exercised a right of first refusal