Contract Law

This firm represents businesses and individuals in disputes arising out of virtually every type of business contract and business relationship. For qualified cases we offer flat-fee or contingency fee representation. We’ve handled a significant number of matters arising out of business governance contracts (e.g. partnership agreements, corporate contracts, LLC operating agreements, etc.), purchase agreements (asset, stock and real estate purchase agreements), commercial lease agreements, non-solicitation contracts, non-compete agreements/contracts, employment contracts, and virtually every other type of common business contract or contractual provision. Flat fee litigation services available for contract disputes. Flat fee contract dispute resolution. We’re ready to bring your case in Civil, Supreme, Federal Court, or Arbitration.

Construction Contracts. See the “Construction Law” section below.

Employment Contracts. See the “Employment Law” section below.

Real Estate Contracts. See the “Real Estate Law” section below.

Asset/Stock Purchase Contracts. We also have extensive experience in dealing with disputes arising out of asset purchase and stock purchase contracts. We’ve successfully counseled numerous individuals and businesses on issue pertaining to breach of purchase contract, breach of non-solicitation contracts/provisions (either as stand alone contracts or a section in the purchase contract), fraud, fraudulent inducement, breach of non-compete agreements/contracts, and contract indemnification issues. We’ve represented individuals and businesses in New York and New Jersey.

Real Estate Law

Real Estate Broker Contracts. We have made a name for ourselves in the world of real estate broker contract disputes. In fact, in representing commercial real estate broker Sohayegh Enterprises Corp. 6 times (with successful judgments and truly phenomenal settlements in each case) we’ve even managed to establish new law in New York as it relates to real estate brokerage contracts (https://law.justia.com/cases/new-york/appellate-division-first-department/2016/1089-162112-14.html). In representing real estate brokers over a decade, we have never lost a single case. Why? The answer is simple: we’re experts in contracts, negotiating contracts, and contract dispute resolution. Our approach has been founded on working collaboratively with our adversary, building trust, and investigating the issues arising out of various forms of contract disputes. We love to win, but we also love to win with a sense of honor, professionalism, and dignity — principles that seem to be lost by so many these days.

Foreclosures. We’ve represented individuals and businesses in commercial and residential foreclosure lawsuits. With incredible success we’ve negotiated buy-outs and loan modifications. We’ve also had cases dismissed against big banks such as Wells Fargo.

Real Estate Contracts. We’ve represented individuals and business in a significant range of real estate purchase agreement disputes.

Landlord-Tenant. We’ve represented scores of individuals and businesses, tenants and landlords, in a variety of landlord-tenant disputes. For more information see the “Landlord Tenant Law” section below.

Click HERE to schedule a consultation regarding your contract or contract dispute.

Debt Collection Law

Debt Collection. Do you have unpaid invoices? Does someone (individual or business) owe you money for services you performed pursuant to a written contract? Then look no further. Davis & Associates provides full-service debt collection expertise. As a certified licensed debt collection agency we get you paid.

Construction Law and New York Lien Law

Construction Contracts. One of our areas of expertise when it comes to contract disputes is disputes arising out of construction contracts. Having worked in construction (project manager, estimator, union iron worker), represented scores of contractors and homeowners in construction contract disputes, taught classes on construction contract matters, and currently representing scores of contractors through the Virtual Counsel program, Jeffrey K. Davis, Esq. is well prepared to represent you in your construction contract dispute.

Mechanic’s Liens. We’re experts in filing and enforcing mechanic’s liens, litigating trust fund accounting claims, litigating and pursuing breach of contract matters, and pursuing professional (architects and engineers) negligence. Our goal is to get you paid and reduce your liability. Flat fee litigation services are available for depositions, court appearances, complaints, and answers. Click HERE to prepare a mechanic’s lien for FREE.

Trust Fund Accounting Claims. Lien Law Section 76/77 is a powerful tool for construction companies. It requires the owner or contractor to account for all payments received and paid on the job. If they don’t account in detail for all payments received and paid then the owners of the company can be held personally liable. It all starts with sending the required notice by certified mail. Visit www.LienWiz.com for a free demand letter.

Corporate Law and LLC Law

General Counsel. Corporate law, LLC law, and Partnership law involves the formation, dissolution, management, and all other legal aspects of the administration of corporations, LLCs or Partnerships. Typical issues in the corporate/LLC/partnership law world involve mergers, acquisitions (stock purchase or asset purchase), and compliance with state and federal laws and regulations.

Fiduciary Duty Claims. We represent corporations, LLC’s, shareholders, directors, officers, and members in breach of fiduciary duty claims: breach of duty of care, breach of duty of good faith, breach of duty of loyalty, waste, misappropriation of corporate opportunities, misappropriation of corporate funds (theft, embezzlement), fraud, excessive compensation, and minority oppression. Breach of fiduciary duty claims are almost invariably complex because they are extremely fact sensitive and depending on how you structure your claim, your remedies can be quite extensive as well. We can represent you or the corporation/LLC in direct or derivative lawsuits or arbitration.

Informational Lawsuits. We represent corporations, LLC’s, shareholders, directors, officers, and members in disputes between business partners, books and records proceedings, and accountings.

Business Torts. We also represent businesses in disputes against other businesses and individuals such as: interference with contractual relationships, unfair competition, unfair business practices, and misappropriation of trade secrets.

Shareholder Agreements. When it comes to corporations, business corporation law is a heavy influencer as to how a lawsuit might play out. Corporate resolutions, bylaws, shareholder agreements, and buy-sell agreements are complex in their nature because Corporate Law is complex and extensive and much of what corporations and shareholders can do or not do is dictated by Corporate Law. Compare this to LLC law which can and often is mostly determined by contract i.e. the LLC operating agreement. We’ve represented businesses in shareholder agreement disputes and corporate dissolution proceedings — and with tremendous success.

LLC Operating Agreements. We have litigated scores of complex matters arising out of Limited Liability Company (LLC) Operating Agreements — the contract that governs the relationship between the members of the LLC and the LLC itself. The LLC operating agreement is interpreted by both contract law and the state LLC statute. Generally issues that arise out of the LLC operating agreements include: management rights of members/managers, membership interests, withdrawal of members/managers, dissolution, voting rights of members/managers, duties of members/managers, liability of members/managers, etc. This can be especially complex in the world of small businesses i.e. family owned businesses, closely held businesses. We’re equipped to address your breach of LLC operating agreement matter efficiently and affordably.

Click HERE to see our Guide: 41 Questions to Ask Before Entering into a Partnership

Employment Law

Employment issues can be especially tricky for a business owner considering the “guilty until proven innocent” direction of most state and federal laws. Whether it’s a contract dispute, overtime claim, wage dispute, or discrimination claim, we exclusively represent business owners in proving them innocent or negotiating a sensible settlement. We focus on representing businesses in wage disputes, overtime disputes, discrimination claims, and breach of employment agreement matters.

Intellectual Property Law

Protecting your brand is everything for a small business. Navigating through Federal Court claims can be daunting — even for attorneys. This firm represents small businesses in prosecuting and defending a wide range of copyright and trademark infringement claims. Our typical clients include restaurants, software companies, inventors, not-for-profits, and entrepreneurs. We are set up to represent businesses in Maryland, New York, New Jersey, Texas and Connecticut. Contact us today for a free consultation.

Landlord Tenant Law

We represent landlords in both commercial and residential matters. Whether it a non-payment proceeding, holdover proceeding, injunctions, or breach of contract matters, we can efficiently and flawlessly represent your interests. Our team of attorneys each bring something unique to the table in terms of experience and strategy with a combined 50 years of experience. We’re confident we can address your landlord tenant matter in an efficient and cost-effective manner.

A Few Success Stories

  • Represented a Canadian investor in a Delaware limited partnership. We sued the general partner for mismanagement, breach of fiduciary duty and breach of contract (breach of the limited partnership agreement). After a very long battle in New York Supreme Court we obtained a Judgment against the Defendant in excess of the client’s $230,000 investment.
  • Represented a mid-sized family owned LLC in a dispute against a rogue member who breached the LLC operating agreement, unlawfully competed against the business, and diverted company opportunities. We obtained $70,000 for the the breach of the non-compete agreement and a clean severance of the relationship.
  • Represented investor in real estate Corporation whose business partner stole the profits from the venture, engaged in self-dealing, and failed to return my client’s $20,000 investment as required by their contract. Obtained a Judgment for the sum of $30,000 representing the investment plus profits as dictated by the Shareholder Agreement.
  • Represented business owner in a family owned Corporation in a dispute with her sibling. The sibling was trying to force my client out of the business because of her mis-reading of the shareholder agreement (and her attorneys’ drastic misinterpretation of relevant provisions in the shareholder agreement). In arbitration, up against two law firms jointly representing the sibling, we negotiated a buy-out that was substantially above market value, with an $85,000 downpayment and monthly payments over 5 years.
  • Represented a team of investors in a closely held LLC. LLC was extremely mismanaged (breach of fiduciary duty) and as such we negotiated the full return of their $30,000 investment.
  • Represented children of a group of family owned corporations involved in the real estate development and management industry. In a dispute against their father for mismanaging the business and embezzling company funds (breach of fiduciary duty), through aggressive litigation tactics we forced the father out of his management role and negotiated a favorable buy-out that included the funds he already wrongfully embezzled.
  • Represented investor (a retired firefighter) in an LLC engaged in nightclub entertainment. Client sought the return of his life savings from a mismanaged business (breach of fiduciary duty). Defendant was an attorney as well. Through aggressive litigation tactics we negotiated a substantial return of the client’s investment.
  • Represented member of an LLC engaged in pharmaceutical billing services. In a claim against a member that was diverting company opportunities (breach of fiduciary duty) we successfully negotiated an $80,000 buyout for our client.
  • Represented member of an LLC in the financial services industry. In a claim against the other members for ousting him from the business (breach of fiduciary duty) we successfully negotiated the return of his investment and the right to continue his services in a competing business.