Business Litigation

Litigation may be the most serious of legal processes, requiring a balance of fine legal skills and strategic decision making in order to attain the best results for our clients through trial, settlement or alternative dispute resolution (ADR). It is our practice to keep the channels of communication open so that even the most hotly contested case can be brought to a favorable conclusion in court or at the negotiation table. In fact, litigation avoidance may be the most appropriate strategy for many disputes.

Our lawyers are recognized for their ability to represent clients in a broad range of matters in both state and federal courts.  Our substantial experience in many areas encompasses national and international matters, including complex contractual, financial, corporate franchise, sales and distribution disputes, construction related matters, antitrust, commercial fraud, creditors' rights, tortious interference, civil RICO, computer law, unfair competition, intellectual property and business torts.

Administrative & Regulatory

Our attorneys actively represent corporate and individual clients in regulatory matters before a broad spectrum of state and federal administrative agencies. We have particular expertise and experience with the N.J. Casino Control Commission, N.J. Department of Insurance, Securities and Exchange Commission, U.S. Environmental Protection Agency and N.J. Department of Environmental Protection.

Alternative Dispute Resolution

In addition to advocating our clients' positions in all types of ADR proceedings, we are also experienced in functioning as mediators or arbitrators to resolve disputes among companies or individuals who are not our clients. Both federal and state courts in New Jersey regularly appoint several of our lawyers as mediators and arbitrators in business and employment disputes.

Antitrust, Trade Regulation & Unfair Competition

In civil and criminal antitrust matters, we have represented individuals, as well as corporations and their officers and directors, in federal and state matters involving competition issues. Our broad experience includes addressing the inter-connection of antitrust and intellectual property law, assisting clients with federal enforcement guidelines and coordinating and consulting with other intellectual property firms.

Bankruptcy and Creditors' Rights

In our capacity as counsel to a number of New Jersey and out-of-state lenders and other creditors, we are regularly engaged in all aspects of creditors' rights practice, including foreclosure and asset recovery, lender liability defense, loan collection and inter-creditor litigation.

Collections & Judgment Enforcement

Collections and Judgment Enforcement has been an important part of the firm's practice for many years. Employing a combination of legal expertise, online data services and, where appropriate, forensic accountants and private investigators, we have enjoyed a high degree of success in helping clients recover losses in a timely and cost efficient manner.

Construction

Our lawyers represent a wide range of entities in construction related matters, including owners, contractors, suppliers, construction managers, architects and engineers. Our practice includes construction and bid litigation, professional design malpractice, contract drafting and negotiation, environmental compliance and insurance matters particular to construction.

Employment & Labor Law

Saiber has particular strength in defending employers and business executives in state and federal courts, before federal, state and local regulatory agencies in New Jersey and New York and through arbitration and mediation. We handle matters involving defense of discrimination claims based on race, creed, color, religion, national origin, ancestry, age, marital status, affectional or sexual orientation, claims of sexual harassment and other allegations of retaliatory, discriminatory or disparate treatment.

Environmental Compliance & Litigation

We have substantial experience in a variety of complex, multi-party environmental, toxic tort and related litigation. We guide our clients through the unique challenges posed by environmental litigation and the enormous costs it potentially can impose, even on well intentioned companies. We have a long history of representing our clients in governmental and private environmental cost recovery and penalty actions brought under CERCLA (the federal Superfund Law), the Clean Air Act, the Clean Water Act, the New Jersey Spill Act and the Industrial Site Recovery Act (ISRA).

Insurance & Reinsurance

The firm has particular depth in insurance related litigation involving commercial, environmental, marine, professional liability and personal coverages, as well as reinsurance arbitrations. We are also involved in significant insurance related insolvency proceedings and litigation.

Intellectual Property

We have significant experience in virtually every type of intellectual property litigation. We have represented clients as plaintiffs and defendants in all types of matters under the Lanham Act, obtained emergency injunctions and litigated matters in federal and state courts involving unfair competition, trade secrets, trademarks, trade dress, dilution, copyright, breach of confidentiality agreements, employee restrictive covenants, the Internet, e-commerce, "cybersquatting" and web site disputes, false advertising, royalty and licensing and patent issues, including matters involving antitrust and business tort claims.

Products Liability & Personal Injury Defense

We have an active practice defending corporate clients in significant product liability and personal injury actions. Our representation includes the defense of major industrial manufacturers, machine distributors, chemical concerns and firearms distributors. The firm also defends major toxic tort claims and wrongful death actions on behalf of self-insured clients and insurance companies.

Professional Liability Counseling & Litigation

The firm represents professionals such as attorneys, accountants, architects, engineers, insurance agents and brokers and others against a wide variety of malpractice claims. We are approved counsel for professional liability carriers and are often selected by the professional firms directly.

Real Estate Transactions & Litigation

Our real estate practice group has broad experience working with all segments of the commercial real estate industry. Our services include: acquiring and selling real property, obtaining government approvals and permits for all types of development, negotiating and closing mortgage loans, structuring mortgage workouts, addressing environmental issues, advising on federal income tax matters, handling real estate tax appeals, developing and converting residential projects, and developing shopping centers, hotels, golf courses and other commercial facilities.

Securities Regulation & Litigation

We have extensive experience representing broker-dealers and associated persons in all facets of securities related counseling, arbitration and litigation, including defending enforcement actions brought by the SEC, CFTC, NASD, NYSE, New Jersey Bureau of Securities, New York State Attorney General's Office and other state agencies. We also defend these entities and individuals in federal and state grand jury investigations involving securities fraud and other possible criminal violations. Additionally, we represent broker-dealers and associated persons who are seeking entry into the securities industry, guiding them through the various phases of business formation and assisting with the NASD registration and pre-membership interview process.

UCC Sales Contract Litigation and Counseling

Our attorneys assist manufacturers, distributors and resellers in prosecuting and defending against actions in New Jersey and other jurisdictions arising under Article 2 of the Uniform Commercial Code. To avoid such litigation, we are often asked to review, revise and update our clients' sales contracts to ensure compliance with Article 2, and counsel our clients on the language needed to limit warranties and remedies under this Article. The attorneys who practice in this area lecture on these issues, and are familiar with the 2003 uniform amendments to Articles 1 and 2 and their adoption status in the various states in which we represent our clients.

White Collar Criminal Defense

Our attorneys defend companies and individuals in federal and state grand jury investigations, and have earned an excellent reputation for our work in business, financial and corruption cases. We defend clients from prosecutions relating to government fraud, tax fraud, environmental violations, insider trading, banking and securities fraud. Frequently, our corporate clients retain us to conduct internal investigations into possible violations of criminal law and other wrongdoing.