Harris Beach Murtha attorneys have wide-ranging experience and proven success in high-stakes class action litigation and related complex actions in numerous federal districts and multiple states, including New York, Massachusetts and Connecticut. We defend class action lawsuits across numerous industries, including financial institutions, insurance companies, pharmaceutical and health care companies, nutritional supplement manufacturers, cosmetic companies, energy companies, telemarketing companies, employers, municipalities, manufacturers, governmental entities and retailers.

Our experience includes claims regarding the Telephone Consumer Protection Act (TCPA), the Fair Debt Collection Practices Act (FDCPA), deceptive trade practices, aiding and abetting, product defect and warranty, employment, wage and hour and civil rights.

We have significant knowledge in unique and evolving procedural and substantive rules under Federal Rule of Civil Procedure 23, as revised by the Class Action Fairness Act, and state equivalents. We aggressively seek dismissal of claims and oppose class certification, on novel and threshold grounds, including pursuing all available standing and jurisdictional defenses.

We regularly handle disputes between owners of privately-owned businesses, whether formed as corporations, LLCs or partnerships.

In disputes arising between partners, members and shareholders, Harris Beach Murtha attorneys litigate breaches of fiduciary duty, self-dealing by business fiduciaries, usurpation of corporate opportunities, buy-sell agreements, shareholder redemption agreements, option agreements, tag along/drag along rights, minority owner squeeze-outs and freeze-outs, minority shareholder oppression, company dissolution and shareholder appraisal rights.

Litigants increasingly attempt to assert claims against directors and officers of entities to leverage an advantage in a dispute with an entity. This trend affects all types of businesses, from large public corporations to not-for-profit organizations and family-owned businesses.

Harris Beach Murtha’s attorneys are well-versed in defending claims asserted against directors and officers for actions and alleged wrongdoing taken on behalf of companies, and are also skilled at carefully navigating the potential diverging interests when allegations are made against individual directors and officers.

In highly competitive industries, claims frequently arise that an entity has improperly interfered with another’s business or contractual relationships, misappropriated another’s proprietary information or otherwise engaged in unlawful and unfair competition. Our attorneys are well-versed in protecting the interests of our clients when claims of unlawful interference or competition arise.

Disputes arising from commercial contracts, leases and transactions are common in the business world. We are experienced at drafting, reviewing and enforcing these agreements, including sales contracts, service agreements and partnership deals. If necessary, we are skilled at negotiation, mediation and litigation.

Intellectual property is a key driver of economic growth and often one of an organization’s most important assets. As technological advances accelerate the pace of innovation, organizations are searching for ways to strategically protect their investments and maintain their competitive edge. Our clients, ranging from emerging businesses to universities and research institutions to Fortune 500 corporations, count on our attorneys to protect their knowledge-based investments and their brand integrity.

We help you safeguard your IP assets, including patents, trademarks, copyrights and trade secrets. This involves both enforcing rights against infringement and defending against claims brought by others. Through vigilant IP protection, businesses can maintain their competitive edge and foster innovation.

Our attorneys draft and review employment contracts to ensure they include clear and enforceable terms to prevent misunderstandings and reduce the likelihood of future litigation. Should a dispute arise, we have experience in cases involving wrongful termination, discrimination, wage disputes and non-compete agreements.

As we move into an increasingly specialized economy, the need to protect company investments through restrictive covenants and non-solicitation/non-competition agreements continues to grow. Much is happening at the state and federal level and our attorneys follow closely, ready to inform clients what they must do to stay in compliance.

If necessary, our attorneys vigorously enforce or challenge these agreements, including in sales or acquisition of company assets, and frequently secure relief through restraining orders and injunctive relief to protect company interests.

Harris Beach Murtha has a proven track record of successfully representing private and public-sector clients in disputes with local, state and federal tax authorities. Our team assists corporations, partnerships and trusts and estates, as well as individuals and tax-exempt clients, in tax controversies and litigation.

Our seasoned attorneys provide strategic advice and advocacy throughout the entire tax dispute resolution process. We handle a full range of audit defense and tax dispute matters, including business tax, employment tax, franchise tax, sales and use tax, personal and fiduciary income tax, estate tax, residency tax, civil or criminal actions involving taxing authorities and challenges to local, state and federal tax incentives and credits.

We represent clients in Internal Revenue Services (IRS) and New York State Department of Taxation and Finance audits, conciliation conferences, petitions before the New York State Department of Tax Appeals and Tax Appeal Tribunal, and before federal and state courts, including the New York State Supreme Court Appellate Division.

The fair market value of real estate is a crucial issue for municipalities concerned about the loss of tax revenue. Harris Beach Murtha attorneys recognize the high stakes in the valuation of real property.

We provide clients with knowledgeable and aggressive representation in tax assessment disputes and condemnation proceedings, whether bringing parties together to negotiate settlements or litigating the matter in court. Our work includes:

Tax Assessment Disputes: We provide an initial evaluation of the merits of the potential claim and offer guidance in negotiations to resolve the dispute, assist in the selection of appraisers and advise on potential acquisitions and dispositions relative to real property tax issues.

Condemnation Proceedings: We work with the condemning authority to define the scope of the project, publish required notices and, if needed, represent the condemning authority against challenges of determinations and findings.

We help businesses defend and uphold their hard-earned reputations against defamation by competitors and the media. Through active monitoring of the social media and digital landscape, we defend clients against disparaging and derogatory postings, blogs, forums, chat rooms and other technology-driven vehicles that may assault a client’s name and reputation.

We represent alcohol-serving establishments (bars, restaurants, hotels) in allegations of over service that leads to underage drinking violations, drunk driving accidents, bar fights and assaults. These cases often lead to high-value personal injury and wrongful death lawsuits.

We also assist businesses in creating, training, and implementing responsible alcohol service policies, such as staff ID checks, to mitigate potential liability.

Litigation related to the Fair Debt Collection Practices Act (FDCPA), Fair Credit Reporting Act (FCRA), Telephone Consumer Protection Act (TCPA) and other consumer-protection provisions is on the rise. We have decades of experience representing attorneys, collection agencies, debt buyers and financial institutions in these matters, including class actions.

In addition to litigation, we handle administrative and regulatory matters, including claims by Attorneys General and enforcement/licensing proceedings before Affairs/Banking regulators. We advise collection agencies, debt buyers, financial institutions and others on complying with the FDCPA, FCRA and TCPA to avoid penalties. We analyze debt collection procedures to ensure they are up to date and meet all legal standards. We also represent clients facing investigations or actions brought by consumer protection agencies.