Litigation

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Black & Gerngross represents a wide range of clients, including corporations, institutions and individuals, in diverse market sectors such as insurance, construction, real estate and finance.

Our commitment to excellence is foremost in our approach to every area of our practice. We concentrate on attaining a thorough understanding of the individual needs of our clients and implementing strategies that achieve desirable and effective results.

Click on the Practice Area below for more detail.

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Litigation

Business Disputes

Contracts • Purchase/Sale/Dissolution • Injunctions • Fidelity/Fraud • Professional Negligence • Lender Liability

Past and present client matters include representation of:

  • Specialized health care consultant in contract disputes concerning management of hospital-based nursing facilities
  • Financial institutions in claims against appraiser asserting professional negligence
  • Title companies in defense of claims arising from sale of large commercial properties
  • Industrial and residential chemical supplier in contract disputes with other businesses within distribution chain
  • Financial intermediaries in employment disputes
  • Manufacturers in contract disputes arising from defective equipment
  • Shareholders/partners in disputes arising from the purchase, sale and dissolution of business entities
  • Majority shareholders in freeze-out action brought by minority shareholder to obtain injunctive relief, declaratory relief, the appointment of receiver and for the valuation and sale of the minority interest
  • Corporation in litigation brought by former officer and minority shareholder to recover damages where officer was terminated for breaching fiduciary duties
  • Board of directors in defense of hostile takeover of corporation
  • Owners in disputes with brokers arising from the sale of commercial properties
  • Publicly traded biopharmaceutical company in action brought by financing broker
  • Financial institutions in matters arising from loan fraud
  • Gaming entity in seminal litigation involving sports lotteries
  • Food wholesaler in bailment action against warehouse for damaged food products
  • Seller in dispute arising from sale of off shore gaming operation
  • Corporate officer in products liability claim
  • Mortgage brokers in defense of Unfair Trade Practices claims and violations of the Real Estate Settlement Procedures Act (“RESPA”) and Truth in Lending Act (“TILA”)
  • Manufacturer/seller of electronic gaming equipment in dispute with motor carrier to recover damages under the Carmack Amendment

 

Business Disputes

Business Disputes

Contracts • Purchase/Sale/Dissolution • Injunctions • Fidelity/Fraud • Professional Negligence • Lender Liability

Past and present client matters include representation of:

  • Specialized health care consultant in contract disputes concerning management of hospital-based nursing facilities
  • Financial institutions in claims against appraiser asserting professional negligence
  • Title companies in defense of claims arising from sale of large commercial properties
  • Industrial and residential chemical supplier in contract disputes with other businesses within distribution chain
  • Financial intermediaries in employment disputes
  • Manufacturers in contract disputes arising from defective equipment
  • Shareholders/partners in disputes arising from the purchase, sale and dissolution of business entities
  • Majority shareholders in freeze-out action brought by minority shareholder to obtain injunctive relief, declaratory relief, the appointment of receiver and for the valuation and sale of the minority interest
  • Corporation in litigation brought by former officer and minority shareholder to recover damages where officer was terminated for breaching fiduciary duties
  • Board of directors in defense of hostile takeover of corporation
  • Owners in disputes with brokers arising from the sale of commercial properties
  • Publicly traded biopharmaceutical company in action brought by financing broker
  • Financial institutions in matters arising from loan fraud
  • Gaming entity in seminal litigation involving sports lotteries
  • Food wholesaler in bailment action against warehouse for damaged food products
  • Seller in dispute arising from sale of off shore gaming operation
  • Corporate officer in products liability claim
  • Mortgage brokers in defense of Unfair Trade Practices claims and violations of the Real Estate Settlement Procedures Act (“RESPA”) and Truth in Lending Act (“TILA”)
  • Manufacturer/seller of electronic gaming equipment in dispute with motor carrier to recover damages under the Carmack Amendment

 

Employment

Employment

Investigations • Administrative Agency Proceedings • State And Federal Litigation • Discrimination • Civil Rights • Competition

Past and present client matters include representation of:

  • Corporate officers in matters arising from pension, retirement and severance disputes
  • Employers and management level employees in disputes arising from restrictive covenants and misappropriation of trade secrets, including the prosecution and defense of temporary restraining orders, preliminary injunctions and permanent injunctions
  • Corporation in litigation brought by former officer and minority shareholder to recover damages where officer was terminated for breaching fiduciary duties
  • Corporations, business entities, and public and private institutions, including colleges and universities, in the investigation, defense, and prosecution of matters involving allegations of retaliation and discrimination, criminal and civil wrongdoing including assault, theft and fraud, and civil rights violations
  • Corporate and institutional employers in the investigation and litigation of matters involving retaliation and discrimination arising under Title VII of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and analogous state statutes
  • Colleges and universities in discrimination matters arising under Title IX of the Education Amendments of 1972
  • Employers in matters involving the investigation and defense of wrongful discharge claims by employees
  • Police officers in Section 1983 police misconduct matters

 

Insurance

Insurance

Insolvency • Regulatory • Reinsurance • Coverage • Inter-Company Disputes

Past and present client matters include representation of:

Insolvency

  • Several state insurance commissioners in their capacities as rehabilitators or liquidators of insolvent insurance companies. Our representation includes:
    • administrating and marshaling assets
    • investigating, analyzing and prosecuting claims
    • obtaining judicial enforcement of lawsuit injunctions in other jurisdictions based upon full faith and credit, comity or reciprocity under the Uniform Insurers Liquidation Act, the Insurers Supervision, Rehabilitation, and Liquidation Model Act, and the Insurance Receivership Model Act
    • evaluating and defending claims
    • investigating, analyzing and prosecuting complex civil lawsuits against former company directors, officers, investment advisors and financial consultants to recover damages for their role in causing, aiding or masking the distressed financial condition of the insurer
    • developing, implementing and executing litigation strategies to recover assets and maximize recovery to policyholders and guaranty associations
    • assisting federal and state law enforcement agencies, including the United States Department of Justice, to prosecute white collar criminals responsible for the financial demise of the insurer
    • assisting the United States Department of Justice in the prosecution of criminal forfeiture actions to recover stolen assets involved in criminal conspiracies and money laundering activities
    • working closely with guaranty associations to protect their interests
    • representing insolvent insurers in disputes with other insolvent insurers concerning claims to ownership of assets in the unwinding of reinsurance trusts
    • representing insolvent insurers in disputes with cedents, reinsurers, retrocessionaires and intermediaries
  • Directors and officers of insolvent insurers in defense of claims brought against them by rehabilitators and liquidators
  • Insurance company in constructive trust litigation to recover assets in the possession of an insolvent insurer’s receiver

Regulatory

  • Insurance commissioners in:
    • inter-state disputes with other state insurance commissioners in matters of regulatory control
    • insurance department regulatory hearings
    • supervision proceedings
    • seizure proceedings
  • Insurers and reinsurers in disputes arising from Form A change of control applications
  • Insurance producer in license revocation proceedings
  • Insurance regulatory filing consultant in dispute with several state insurance departments arising from rate and form filings
  • Employer in state licensing board disciplinary action against licensed employee arising from employee’s conduct
  • Insurance carrier in litigation against state insurance department in matter arising out of market conduct examination findings and subsequent Orders
  • Long term health insurance carrier in appeal from state insurance department disapproval of rate increase application

Reinsurance

  • Cedents, reinsurers and retrocessionaires in disputes involving: treaty or facultative certificate interpretation; ex gratia payments; late notice; improper underwriting or claims practices; improper supervision of managing general agents or third party administrators; or breaches of the duty of uberrima fides
  • Cedents in disputes with managing general agents and third party administrators arising from improper underwriting and claims practices

Coverage

  • Insurers in coverage disputes arising from the professional negligence of managing general agents
  • Insureds in coverage disputes arising from employment practices
  • Refinery insureds in coverage disputes arising from pollution exclusion endorsement
  • Insureds in coverage dispute arising from flood damage to commercial premises
  • Insureds in directors and officers coverage dispute arising from statements made by director and officer’s agent in furtherance of director and officer’s business duties
  • Insured building owner in coverage disputes arising from fire damage to multi-tenant commercial premises
  • Insured in coverage dispute arising from property damage to river boat gaming vessel
  • Third party beneficiary in coverage dispute arising from boarding and riding stable liability
  • Insureds in first party coverage disputes arising from health, disability or long term care insurance
  • Insureds in cybersecurity coverage matters

Inter-Company Disputes

  • Defense of insurers in claims against and by managing general agents arising from program business
  • Majority shareholder of insurance company in dispute arising from purchase of failing insurance company
  • Regulatory consultant in disputes with insurers concerning rate and form filings
  • Bail and surety specialty insurer in contract dispute with managing general agent concerning premiums and commissions
  • Major multi-line insurer in contract dispute with managing general agent
  • Workers’ compensation insurance broker in dispute with insured arising from alleged application misrepresentations

 

Investigations and
Compliance

Investigations and Compliance

Corporate • Institutional • Criminal • NCAA • Due Diligence • Compliance

Past and present client matters include representation of:

  • Corporations, business entities, and public and private institutions, including colleges and universities, in the investigation, defense, and prosecution of matters involving allegations of retaliation and discrimination, criminal and civil wrongdoing including assault, theft and fraud, and civil rights violations
  • Publically traded corporation in cybersecurity evaluation and threat assessment following breach
  • Colleges and universities in the investigation of matters arising from the receipt, administration, and disbursement of federal funds under Title IV HEA Programs, including matters implicating the reporting requirements to the Department of Education, Office of Inspector General, under Section 668.16(g)
  • Court-appointed Monitor in investigation of government agency in areas of sexual discrimination and sexual misconduct
  • Individuals and business entities in response to federal and state grand jury investigation subpoenas
  • Assistance and support to the United States Department of Justice in prosecuting criminal forfeiture actions to recover stolen assets involved in criminal conspiracies and money laundering activities
  • Assistance and support to state and federal law enforcement agencies, including the United States Department of Justice in investigating and referring matters involving white collar criminal activity
  • NCAA member institutions in the investigation of matters involving NCAA Constitution and Bylaws infractions and compliance
  • Colleges and universities in the investigation and coordination of matters that may implicate institutional liability under several federal or state laws that impose civil or criminal liability for discrimination, fraud, assault, the receipt, administration or disbursement of federal funds, infractions and compliance with NCAA Constitution and Bylaws and Cleary Act reporting including any associated liability arising from retaliatory action or the duty to self report
  • Corporations and business entities in investigating and performing litigation analysis to assist them in performing due diligence evaluations
  • Special committees of the Board of Directors, including Audit Committees, to investigate allegations of officer misconduct and self-dealing
  • Corporate and institutional employers in the investigation and evaluation of internal policies and procedures to determine compliance with federal and state laws and regulations

 

Real Estate/
Construction/Surety

Real Estate/Construction/Surety

Owners • Contractors • Design Professionals • Sureties • Mechanics’ Liens • Creditors’ Rights

Past and present client matters include representation of:

  • Owner of signature mixed used buildings in Philadelphia, Pennsylvania in claims arising from improper design and installation of exterior building maintenance system and improper application of protective coating to building spire
  • General contractor in seminal litigation against the United States Department of Housing and Urban Development (HUD) to recover payment for unpaid contract balances
  • General contractor in claims made by and against large national builder arising from construction of active adult residential community and recreational facilities in Southern New Jersey
  • Wrongfully terminated subcontractor in obtaining award of contract balance and statutory interest, penalties and attorneys fees against general contractor arising from dispute concerning subcontractor’s work in installing a building automated system at a laboratory and teaching facility on the campus of a prestigious university
  • Design professional in dispute with owner regarding the scope of design services
  • Commercial real estate developer in litigation by architect to recover disputed fees for additional services
  • General contractor to recover payment from owner of commercial development project through veil piercing action against owner and related shell companies formed to shield owner’s assets from liability
  • Owner of large private retirement facility in claims against general contractor and design professional arising from defective roof
  • General contractor in claims against sub-contractor arising from damage to sewage containment pipe
  • Subcontractor in claims against sub-subcontractor arising from defective design and manufacture of underground double-containment pipe system supplied on chemical labs construction project
  • Subcontractors in claims against general contractors for damages under the Contractor and Subcontractor Payment Act
  • Maintenance contractor in claims against HVAC contractor for fraudulent invoices
  • Materials and specialty equipment suppliers in payment claims
  • Non-debtor owners, general contractors and trade subcontractors in bankruptcy proceedings, including issues related to Pearlman claims, mechanics’ liens and Project completion by debtor contractors
  • Creditors in bankruptcy matters, including non-dischargeability proceedings and the defense of preference claims

 

Speciality Matters

Speciality Matters

Owners • Contractors • Design Professionals • Sureties • Mechanics’ Liens • Creditors’ Rights

Past and present client matters include representation of:

  • Financial institution in kidnap and ransom claims arising from abduction of employee and holding of employee’s family hostage as part of bank robbery
  • Former officer of technology company in defense of breach of fiduciary duty claims
  • NCAA member institutions in infraction and compliance matters
  • Police officers in Section 1983 police misconduct matters
  • Incompetent in breach of contract claims arising from unauthorized partial sale of structured settlement and prosecution of fraud and breach of fiduciary duty claims against corrupt advisor
  • International fraternal charitable organization in claims against corporate fiduciary for damages associated with the failure to properly invest and timely distribute trust proceeds
  • Local club comprised of members of national fraternal organization in property rights dispute with local chapter
  • Bidder in Pennsylvania Right to Know Law litigation to compel disclosure of public contracting bids

 

Litigation

Business Disputes

Employment

Insurance

Investigations and
Compliance

Real Estate/
Construction/Surety

Speciality Matters