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A Deep And Diverse Track Record

Clark Guldin Attorneys at Law is an established and trusted firm serving New Jersey and New York City. The representative matters listed below reflect our attorneys’ wide experience and favorable outcomes across all facets of construction, development and business law.

Business litigation
Business divorce
Construction and development
Construction litigation
Employment law
Media, entertainment and IP law

Business Litigation

  • Represented state university in a real estate lease dispute in state court where tenant failed to maintain exterior facade of the 75-year-old building, resulting in a favorable multimillion-dollar settlement for the university.
  • Represented a licensed engineer before the New Jersey State Board of Professional Engineers where the engineer had been accused of fraud and professional misconduct. Successful in having all claims dismissed in their entirety.
  • Represented creditor of Germany-based Nevada corporation in litigation in federal court in Nevada seeking to foreclose on international intellectual property rights pledged as security for investment. Favorably settled.
  • Represented Swiss-based international investment group in federal court in California against US public company that designed and built hybrid automobile engines, where the company refused to honor the investors’ demands under share warrants. Favorable settlement with the company honoring the warrant demands.
  • Represented Chapter 11 debtor in litigation in several states against state/city entities seeking to reject bus and billboard advertising contracts. Favorably settled.
  • Represented patient advocacy business in arbitration and state court proceeding against surgical center and its related investors, the latter of whom allegedly failed to honor contractual commitments to pay a significant contingency fee to our client for work performed. Favorably settled.
  • Represented commercial tenant alleging that landlord manufactured lease defaults in an attempt to wrongfully evict tenant and/or extract higher lease payments. After obtaining significant partial summary judgment award in favor of tenant, the remaining case favorably settled during trial.
  • Defended company engaged in the development of mobile software and services against start-up company alleging that a multimillion dollar contingency fee was due for the review and audit of licensing agreements. Favorably settled during AAA arbitration for less than 1% of plaintiff’s demand.
  • Defended publicly held company against allegations of employment discrimination based upon plaintiff’s ethnicity. Obtained summary judgment dismissing plaintiff’s complaint in its entirety, and successfully defended plaintiff’s appeal to the 3rd Circuit Court of Appeals.
  • Defended commercial tenant accused of engaging in waste and damaging leased premises upon vacating the leased premises. Favorably settled on the eve of trial after partial summary judgment was awarded dismissing significant parts of plaintiff’s complaint.

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Business Divorce

  • Represented a minority owner in a family-owned, $50-plus million per year industrial services company, which was allegedly being mismanaged by the majority owners. We achieved several in-court victories, including orders that installed our client with full operational and financial control of the company during the pendency of the litigation, and appointment of a custodian to manage the sale of the business on the open market, which resulted in a multimillion restrictive covenant agreement between our client and the company.
  • Represented a minority owner of numerous limited liability companies that owned and operated several restaurants and a franchise in Manhattan. After filing suit, we were able to negotiate a favorable buyout on behalf of the minority owner.
  • Represented the founder and majority owner of a closely-held insurance brokerage firm following a “midnight departure” of his minority partners whom allegedly misappropriated confidential client information and funding. After several expedited and favorable court rulings, including the entry of a preliminary injunction enjoining the minority partners from contacting, communicating with or soliciting clients, the matter was amicably resolved.
  • Represented a minority owner of a closely-held engineering firm against majority owners whom were alleged to be attempting a “squeeze out” of the minority owner (and his family members). Successfully mediated a buyout of the minority owner’s interests and assisted in the formation of a new, competing company.
  • Represented majority owner of closely-held engineering firm with tens of millions of dollars in revenues against minority shareholder alleging oppression. Successfully negotiated buyout of minority shareholder’s interests and achieved dismissal of litigation.

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Construction Transactions, Contracts And Advice

  • Design and construction of a $250 million hospital in Jersey City, New Jersey, involving NJEDA financing on a brownsfield development site.
  • Design and construction of various hospital and medical facility renovations in New Jersey and Newburgh, New York.
  • Design and construction of complex staged renovations to existing, operating clinical spaces in New York City hospital, with financing from Lower Manhattan Development Corporation (federal) and state (New York State Department of Health) sources, together with private funds.
  • Construction of two new hotels in downtown Manhattan.
  • Construction and renovation of flagship retail store and boutique for international luxury retailer involving international design team, high-end finishes and myriad specialty elements fabricated in locations throughout Europe and Asia.
  • Construction of a new $44 million student housing facility in Newark, New Jersey.
  • Implementation of a $150 million technology infrastructure upgrade to New Jersey university campus.
  • Construction of retail apparel stores throughout the United States.
  • Developed and drafted “on-call” demolition contract program allowing a state entity to efficiently demolish hundreds of houses acquired through eminent domain condemnation.
  • Construction renovations for luxury condominium conversions in Tribeca and the Upper West Side.
  • Design and construction of One World Observatory at the World Trade Center.
  • Construction of numerous projects at Hudson Yards.
  • Construction of a ten-story office building above an existing landmark building in Brooklyn.
  • Construction of 170,000 square feet genomic research facility in mid-town Manhattan.
  • More than 150 commercial interiors renovation project in New York City.

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Construction Litigation And Dispute Resolution

  • Represented a large, public university in the successful prosecution of multiple design and construction defects involving structural steel, mechanical, concrete and other defects, against the design team, general contractor, owner’s rep and subcontractors.
  • Represented university in the successful prosecution of construction defect litigation concerning the installation of several hundred defective windows in a scientific research facility.
  • Represented an oceanfront luxury condominium association against the developer due to design and construction defects in the waterproofing and pre-cast concrete construction of a large underground parking structure. Favorably settled in mediation.
  • Represented NJSDA in a mediation with the architect, contractor and project manager concerning mold infiltration in a school under construction in Neptune, New Jersey. Recovered $6.5 million from architect and contractor.
  • Mediated and settled approximately $40 million in construction claims (differing site conditions, delays, inefficiency, lost productivity, cumulative impacts) for NJSDA.
  • Litigated and successfully settled myriad subcontractor lien and quasi-contract claims on behalf of New York-based hospital where general contractor defaulted and became insolvent after its principals were indicted.
  • Represented state university in dispute with design professionals, contractors, subcontractors and sub-consultants involved in construction of a complex 80,000 square foot medical sciences facility. Favorably settled in mediation.
  • Represented national day spa builder/operator in litigation brought by a subcontractor seeking payment directly from owner due to the bankruptcy of the general contractor. Summary judgment for client.
  • Represented contractor against design professional alleging defective design of underground structure. Favorably settled in mediation.
  • Defended subcontractor against owner of project alleging a defective roof installation and consequential damages. Favorably settled in mediation without any monetary contribution by subcontractor.
  • Represented credit service company against general contractor that refused to pay for allegedly defective construction materials purchased from material supplier. Obtained summary judgment dismissing claims in addition to an award of attorneys’ fees and costs.
  • Defended lumber supplier of 160-plus wooden decks installed at apartment and townhouse complex that allegedly deteriorated prematurely. Negotiated settlement with plaintiff and multiple defendant-parties in mediation that resulted in less than 15% contribution by lumber supplier.
  • Represented general contractor that performed complete renovation of women’s day spa facility. Obtained arbitration award in excess of $600,000, including award of attorneys’ fees and costs.
  • Represented state university in dispute with roofing contractor, manufacturer and surety regarding allegedly defective roof installation. Successfully negotiated settlement with all interested parties without resort to litigation.
  • Represented State Commission against general contractor alleging that State Commission was responsible for construction work performed in Meadowlands District. Obtained summary judgment dismissing contractor’s claims and successfully defended plaintiff’s appeal to the Appellative Division.

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Employment Counseling And Litigation

  • Secured dismissal before trial of disabled student’s discrimination claim against a university.
  • Obtained dismissal of EEOC disability discrimination charge against third-party administrator of disability benefits programs.
  • Secured dismissal of former professor’s claim that he was overcharged COBRA premiums and obtained monetary award for university on its counterclaim for overpayment of wages.
  • Won summary judgment dismissal of former adventure park employee’s gender discrimination claims.
  • Structured and implemented a reduction in force when a foreign bank closed two of its U.S. branch offices.
  • Provided anti-harassment and nondiscrimination training to employees and management of a foreign bank based in New York.
  • Settled breach of duty of loyalty claim on behalf of international transportation company after surviving a motion to dismiss.
  • Successfully negotiated employment and severance agreements for business management consulting firm, computer forensics company and home health aide agency.
  • Secured reinstatement of civil rights and employment discrimination claims of Chinese restaurant workers after default judgment was vacated for insufficient service of process.
  • Obtained six-figure settlement for school bus driver in a federal whistleblower and wage and hour case./li>
  • Obtained six-figure settlement for former employee in a Family and Medical Leave Act and whistleblower case.
  • Negotiated generous severance package for 10-year employee in his late 50s.
  • Negotiated generous severance package for disabled, gay employee who was about to be fired.

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Media, Entertainment & Intellectual Property

  • Successfully defended David Chase, creator of The Sopranos, through litigation and trial concerning early development of the enormously successful television series.
  • Represents creator/director/writer Christian Charles in copyright litigation against Jerry Seinfeld, Netflix and SONY over creation and authorship of “Comedians In Cars Getting Coffee”.
  • Successfully represented musician/songwriter Jason Van Dyke in copyright litigation against the band The Lumineers.
  • Represented the Estate of Vladimir Nabokov successfully in a highly celebrated case involving infringement of the copyright to Lolita.
  • Obtained a dismissal in defense of filmmaker Jamie Johnson against an invasion of privacy suit arising from his award-winning documentary for HBO, Born Rich, in which Peter also appears.
  • Successfully negotiated contract matters for, among others, actress Ginnifer Goodwin, and prima ballerina Suzanne Farrell.
  • Prevailed in arbitration of a dispute between the former chief executive of a book packager/publisher and its owner.
  • Halted deceptive U.S. practices and infringements by a Pakistani-based Internet purveyor of phony academic degrees and “term paper” services.
  • Mounted an effective First Amendment defense of cult expert Rick Ross, in defamation litigation brought by Landmark Education concerning criticisms of Landmark’s “Forum” that appear on Ross’s web site.
  • Applied unusual doctrines of trademark law on behalf of an all-male ballet company to convince a U.S. federal court to halt trademark infringements in Japan.
  • Applied untested doctrines of U.S. copyright law on behalf of a Danish toy maker to halt infringements of its troll dolls here.
  • Mounted aggressive media defenses that resulted in plaintiffs voluntarily withdrawing complaints challenging “speech” in a major cable broadcaster’s sports programming, and in a Canadian publisher’s political magazine.

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Contact Results-Oriented Business Lawyers

To arrange a consultation with one of our lawyers, call Clark Guldin Attorneys at Law at 973.707.5346 or contact us online.