Commercial Litigation

The commercial litigation lawyers of Marcus & Shapira LLP have a sophisticated and diverse practice. We represent a wide variety of clients that range from small companies and individually owned businesses to Fortune 500 companies.

Marcus & Shapira strives to minimize the cost of litigation for its clients without sacrificing the quality of its representation. In practice, this means that Marcus & Shapira does not send three lawyers to a deposition or hearing where only one is needed. Marcus & Shapira's clients often pay less than they would elsewhere for essential communication among the lawyers working on their matter. Finally, Marcus & Shapira goes to great lengths to avoid needless motions and pointless research to prevent unnecessary costs for our clients.

Our lawyers have been trained to apply appropriate legal pressure from the beginning of the case until its end. They take the initiative to resolve a case quickly when possible, and in the best interests of the client. Our firm's extensive trial experience and demonstrated ability to try cases to a successful verdict are well known.

Marcus & Shapira is extremely proud of our performance in the successful representation of and loyalty to our clients and remain committed to our standard of excellence.

Areas of Commercial Litigation Diversity

Commercial Contracts

Marcus & Shapira has extensive experience in all types of commercial contract litigation, including stock purchase agreements, asset sale agreements, contracts governed by the Uniform Commercial Code, construction contracts, employment contracts, and franchisor-franchisee contracts.

Securities Fraud

In recent years, Marcus & Shapira represented one of the principal defendants against claims totaling over one billion dollars in the Phar-Mor Securities Litigation. In another case, Walker v. Action Industries, Inc., 802 F.2d 703 (4th Cir. 1986), Marcus & Shapira successfully defended the officers and directors of a publicly traded company against Rule 10b-5 allegations.

Marcus & Shapira has regularly represented directors and officers in securities fraud cases, including the Chambers Development Co. Securities Litigation, the Italian Oven Securities Litigation, and Spitzer, et al. v. Abdelhak, et al.

Shareholder Actions

Marcus & Shapira has considerable experience in bringing and defending against shareholder derivative and minority shareholder actions. Marcus & Shapira has recently successfully represented minority shareholders in "squeeze out actions". These actions resulted in very favorable recoveries for our clients.

Insurance Coverage Litigation

Marcus & Shapira has represented insureds and insurers in insurance coverage litigation involving a variety of different insurance policies. Recently, Marcus & Shapira successfully represented an insured seeking $20 million dollars in coverage under its directors and officers liability policy. Marcus & Shapira has also defended Lloyds of London against a claim for over $500 million in insurance coverage for an antitrust violation.

Antitrust

Marcus & Shapira has represented both plaintiffs and defendants in individual and class action antitrust litigation. Most recently, Marcus & Shapira defended Ford Motor Company in connection with an Anti-Trust Class Action and related opt out litigation. Marcus & Shapira also regularly advises clients in a number of different industries on potential antitrust liability.

Real Property Litigation

Marcus & Shapira has represented real estate developers and retail tenants in connection with multi-million dollar real property disputes. Recently, Marcus & Shapira successfully enforced a fee simple reverter against Allegheny County (located in Western Pennsylvania) in land that had been deeded only for use as an airport, so that the grantor's heirs recovered the property back after the county moved the airport to a new location.

Lender Liability and Bank Fraud

Marcus & Shapira has represented lenders against lender liability claims, and has been involved in several major cases involving check forgeries, fraudulent endorsements, and other types of bank fraud. The firm has also represented several small businesses that had nearly a million dollars embezzled by an employee who fraudulently endorsed company checks. Marcus & Shapira has successfully defended a lender liability action for a prominent bank involving multi-million dollar claims.

Construction Litigation

Marcus & Shapira regularly advises a major Pittsburgh contractor in its negotiation of construction contracts. Marcus & Shapira also represents contractors and owners in construction litigation.

The firm recently represented the owner of One Mellon Bank Center in connection with multi-million dollar claims for defective construction.

In 2000, the firm also successfully represented the operator of the Mellon Arena in Pittsburgh against a steel erection company for defective construction. The firm also represents a major hotel developer in construction litigation arising out of hotel construction projects.

Toxic Tort Litigation

Marcus & Shapira has defended companies in mass toxic tort litigation involving asbestos, formaldehyde, and radon.

Covenant Not To Compete & Trade Secrets/Litigation

Marcus & Shapira has represented many companies and employees in litigation involving the enforcement of covenants not to compete. The firm has also litigated disputes over protection of trade names and trade secrets.

ERISA Litigation

Marcus & Shapira has broad experience representing both insurers and insureds in ERISA litigation, including disability and health care insurance disputes. Our ERISA team possesses the specialized knowledge required to effectively and efficiently represent clients in this highly complex area of the law. On the defense side, we represent a large, nationwide insurer in long term disability and health care insurance cases. We have successfully litigated ERISA preemption and related issues against HMOs who have been sued in conjunction with medical malpractice claims. On the plaintiff's side, we have also been successful in obtaining health care and disability insurance benefits for insureds that have been wrongfully denied those important benefits. We represent clients throughout all phases of an ERISA dispute, from the administrative claim phase through trial and appeals.

Our commercial litigation team is available to discuss your litigation issues. Please feel free to contact us for an evaluation of your case.

Areas of Practice

Published Opinions

Examples of litigation matters involving the firm's commercial litigation group: