Dai & Associates has a diverse litigation practice. Our litigators have produced exceptional results of national importance. Over the years, Dai & Associates has provided an array of litigation services to clients in need of legal representation. We guarantee our clients the highest quality of representation at reasonable rates which reflect the services provided.
Our litigators handle a broad range of complex matters in courts in the United States as well as before agencies, administrative bodies and arbitration tribunals. We represent clients as plaintiffs and as defendants in a wide range of substantive areas. Our core practice areas include general commercial litigation, business torts, breach of contract, intellectual property violations and landlord-tenant disputes.
Our services are specifically tailored to provide creative and cost-effective legal solutions to each client. Our personalized service and experience in these matters allows us to effectively advocate our clients' interests during negotiation and litigation. The Firm recognizes that litigation must always be conducted with the client’s reputation in mind and, accordingly, as their lawyers, scrupulously manage and limit the disclosure of any of the client’s confidential information stemming from handling their litigation matter.
At the end of the day, a law firm is only as good as the results it obtains for its clients. In our view, the key to a successful litigation practice area is to have the creativity to knock out claims at the earliest possible stage, to have the flexibility to reach advantageous settlements, and to have the experience and talent needed to take cases to trial and obtain our client’s goals.
Chinese-American Attorneys Who Offer a Competitive Edge
As a certified Chinese-owned and operated law firm, we have a competitive edge arising from a fluently bilingual primary and support staff. This language skill gives us a significant edge in litigations involving Chinese parties or witnesses, or disputes involving cross-border litigation. We offer the linguistic skills of native Chinese speakers combined with the research, writing, advocacy and litigation skills of an attorney with a degree from an American university.
Alternative Dispute Resolution (“ADR”)
When our clients face disputes, they often wish to preserve their relationships with the opposing parties. The Firm’s trial attorneys aim to meet that goal as much as possible. We like to be part of the solution, not the problem, and Alternative Dispute Resolution (“ADR”) can be a viable means to discovering amicable solutions.
Our Firm has represented clients in various ADR forums, including both arbitration and mediation. It is always our goal to present our clients with the best quality of service but also always in consideration of our clients’ ultimate objectives, which in some cases, may be best served outside of the Court system.
ADR can be a cost-effective tool in international transactions. Our Firm handles ADR both in the United States and abroad, in different forums, and under a variety of procedural rules. Our Firm has a special focus in international business law, having assisted American and Chinese companies with business interests both in the United States and in Asia.
Our largest practice area consists of general and complex commercial litigation. In the world of business, disputes and breakdowns are unavoidable and paradoxically unpredictable. We handle various matters including breaches of contracts and business torts, such as fraudulent misrepresentations, breach of fiduciary duty and tortious interference.
Our Firm has successfully represented clients in a wide array of different commercial litigation disputes in State and Federal Courts in the United States. Our attorneys have the experience needed to defend your interests.
While most relationships in business are formed by legally binding agreements and regulated by the law of contracts, sometimes a company's right to enforce contractual commitments are not sufficient to protect its interests. If your company has been damaged by the negligent, reckless or malicious conduct of another, you are very likely the victim of a business tort, whether or not you have a contract in place with the wrongdoer.
The following are a few examples of the types of business torts that can support a claim for damages:
- Interference with rights under a contract
- Abuse of process
- Antitrust violations, restraint of trade, or anticompetitive or unfair business practices
- Unauthorized disclosure of business secrets or breach of nondisclosure terms
- Fraud, misrepresentation or nondisclosure of material facts
Business tort claims are often raised as counterclaims in contract disputes, or as third-party claims for indemnification in circumstances where a party has a legitimate explanation for its own breach of contract. Our attorneys understand the complexities of business tort law and assist our clients in recovering damages against the tortfeasor.
The Firm offers experienced representation to individual and corporate clients involved in high-stakes and complex contract disputes in China and the United States.
Our services are specifically tailored to provide creative and cost-effective legal solutions for business start-ups and small to mid-sized companies for whom a protracted contract dispute can be especially damaging in terms of both the financial bottom line and the company’s future market position.
The Firm’s litigators will work with you directly to explore a full range of options in resolving your contract dispute. We pride ourselves on offering personalized, catered legal services and effectively advocating for our clients' interests in the negotiation and litigation of breach of contract actions.
The Firm’s attorneys have handled complex litigation matters and tried jury cases stemming from virtually all aspects of a construction project, from the financing of the project to the project’s management and design. Our attorneys are experienced with the following types of construction litigation:
- Power plants
- Chemical plants and refineries
- Offshore drilling vessels and production structures
- High-rise commercial office buildings
- Major professional athletic facilities
- Underground utilities
- School buildings
In addition to dispute resolution, the Firm’s lawyers routinely structure, draft, and negotiate a broad array of construction contracts in a wide variety of projects. Our experience and market knowledge, coupled with our experience in drafting arbitration clauses, enable us to provide solutions and give our clients the best contractual protection available in the context of their specific project. Our experience is built upon a broad base of transactions involving the development and financing of capital-intensive projects on behalf of sponsors, developers, construction contractors, equipment suppliers, lenders and governmental agencies
Financial Transactions & Insurance Coverage
Our Firm advises and represents policyholders in disputes with their insurers about coverage. We offer clients our insurance coverage experience, coupled with trial and litigation capabilities for which our Firm is dedicated to providing.
Our Firm advises and represents companies, directors and officers in disputes with director and officer liability insurance (“D&O”) insurers, especially in the context of ongoing litigation for which coverage is being sought. Our litigation experience with securities litigation enables us to work closely with company and/or individual counsel to maximize the availability of D&O insurance and to resolve the underlying issues.
We believe insurance coverage litigation strategy should be carefully conceived and applied in a manner designed to accomplish our clients’ objectives in the most cost- and time-effective manner. Our Firm has the capacity and resources to handle a wide range of disputes.
Joint Venture & Partnership Disputes
A common issue we see with joint ventures and partnership disputes is when the partners establishing the business enter into some form of joint venture without a clear agreement as to what their rights and responsibilities are to each other.
On the other hand, with or without a written partnership agreement, disputes inevitably occur anyway. When they do, each partner needs effective legal representation to protect their interests. The cost of doing nothing may be tens or hundreds of thousands of dollars of lost profits to you over the years.
If you are the majority partner of a joint venture, your status as a partner (or officer or director) creates numerous fiduciary duties that you are liable for. If certain financial disclosures are not made, or if you are taking a salary (or other benefits) that your partners deem excessive, they can bring a suit against you for a breach of those fiduciary duties. Other partnership disputes arise when one partner engages in competing activities with the partnership, or when the company needs money and only one partner has the ability to fund it.
Should you ever find yourself in a position where you or your partners have a dispute, you should immediately seek legal advice to protect your interests. Our Firm zealously advocates our clients’ goals and positions to get them the best possible results.
In a business world where employees move from company to company with relative ease, how should a business protect important business data, such as trade secrets, customer lists and financial information? For employees, how can an individual ensure he is given the necessary flexibility to use industry knowledge and skills he has gained without directly competing with a former employer?
While non-competition agreements have been used in various forms for decades, their use over the last one has become a customary practice, especially in industries where a company’s intellectual property is the product or service provided. Where agreements are entered into between employers and employees, New York courts will closely scrutinize such agreements to insure a certain level of fairness.
Our Firm is experienced in effectively handling issues that arise out of non-competition agreements. An early consultation with an attorney who can provide the necessary legal advice is not only prudent, but well worth your time and money.
Shareholders who invest in a company have certain legal rights, even if they only hold a minority of the shares. When the day-to-day management of the company is concentrated in a small group of managers, enforcing those rights may require skilled legal assistance.
At our Firm, we help shareholders assert their rights through litigation. We also advise companies on steps they can take to clarify shareholder rights in order to avoid potential conflict. Our attorneys help shareholders, who have been subjected to unfair treatment and other violations of their rights, pursue positive resolutions through effective litigation strategies.
Depending on the circumstances, a shareholder may wish to sue the company or may wish to bring a shareholder derivative suit against management on behalf of the company. Common types of shareholder rights litigation in New York include the following:
- Actions for accounting
- Claims for breach of fiduciary duty
- Claims for breach of the covenant of good faith and fair dealing
- Complaints of concealment and failure to disclose material information
- Complaints of nonpayment of dividends
Whether your concerns are directed at other shareholders who are violating your rights or at the company’s managers who are violating their corporate duties to the company's shareholders, we can help you decide on the best strategy to winning such a case moving forward.
Intellectual Property & Technology Litigation
Defending your company’s intellectual property is a recurring issue for many companies in certain fields or areas of business. Our Firm is dedicated to helping such clients with their needs and providing the litigation services that are necessary to defend their interests.
Additionally we have a very proud history of defending our clients against frivolous allegations of intellectual property violations and allegations of trademark and copyright infringement. Whether your business in located in the United States, the People’s Republic of China, or elsewhere, we can provide quality service in defending your business and its interests in any lawsuit that alleges intellectual property infringement in a cost- and time-efficient manner.
Copyright, Trademark & Internet Litigation
As the digital age has evolved, so has our global economy, copyright, trademark, and Internet laws. To keep pace with new and emerging technology, companies are increasingly forced to confront novel intellectual property challenges. Our Firm strongly believes that in order to resolve disputes related to copyright, trademark and Internet litigation, having a solid understanding of how intellectual property works and what it protects, along with a knack for framing complex issues in simple terms, is crucial.
As new technologies raise novel claims that test the boundaries of traditional copyright and trademark laws, software, e-commerce, and information technology companies need practical and powerful advocates to help protect and grow their businesses.
As the newest technology-related litigation necessitates, our Firm understands how critical trade secrets are to the viability and success of our clients and their companies. We work closely with our clients to help define, protect and enforce their trade secrets.
Our attorneys assess risks, counsel clients, work with law enforcement in criminal trade secret matters, and know how to navigate the court system to pursue and defend civil claims related to trade secret misappropriation, breaches of fiduciary duty and related matters. We aim to be equal parts counselors, helping clients create and implement intellectual property audits, methods and procedures to protect their valuable assets, and battle-tested trial attorneys who are skilled in obtaining and defending temporary restraining orders and injunctions that seek to enjoin the use of misappropriated trade secrets and corporate opportunities.
Labor & Employment
Amid the vast array of challenges facing today’s employers, labor and employment claims are among the most imminent threats to a company’s productivity, profitability and even viability. Faced with corporate campaigns waged by labor unions and wage and hour class actions, today’s businesses require innovative strategies to keep a level playing field.
We are dedicated to building an effective and collaborative working relationship with your company when you need advice and guidance you can trust. We aim to provide our clients with legal advice from attorneys who understand your organization and industry, as well as the risks and opportunities you face on a daily basis. By working closely with our attorneys, we can respond quickly and efficiently to all types of workforce crises.
Landlord/Tenant (Commercial & Residential) Litigation
Commercial Landlord/Tenant Disputes
Dai & Associates has had a long history of successfully representing both landlords and commercial tenants in Landlord-Tenant disputes. For commercial tenants, these disputes can affect the survival of their business and the entirety of good will associated with their business location. For landlords, the prospect of months of lost revenue could present a serious setback to their business prospects.
At Dai & Associates, we assist landlords with securing quick and speedy evictions as well as judgments for all outstanding rent and use and occupancy. We also assist commercial tenants in preserving their lease, ensuring that they are not wrongfully evicted and defending their leaseholder rights.
Residential Landlord/Tenant Disputes
The single biggest factor that contributes to the high cost of living in New York City is the price of real estate and the average rent. Dai & Associates has represented numerous real property owners in non-payment and holdover related matters, protecting our client’s financial interests. We understand how to help our clients work within the guidelines of the law in order to efficiently remove difficult and non-paying tenants in as a quick and expeditious process as possible.
Our Firm has represented a number of financial institutions in matters arising out of the subprime lending crisis, including many non-public investigations of events in the subprime securitization market.
Our attorneys have also represented similar clients in investigations and enforcement actions brought by the Securities and Exchange Commission (“SEC”) or other regulators, which may be concurrent with private litigation.
These investigations and lawsuits often involve allegations of federal securities law violations, such as false or misleading disclosures to shareholders, insider trading and other types of financial fraud.
Our Firm has also successfully represented corporations in litigation relating to mergers and acquisitions (“M&A”) transactions, including shareholder derivative and class action litigation arising out of corporate control disputes.
Our Firm offers our clients legal counsel in relation to securities class action lawsuits, Securities and Exchange Commission (“SEC”) and other regulatory investigations, shareholder derivative actions, internal investigations and white-collar criminal proceedings in the United States and the People’s Republic of China.
Our Securities Litigation practice includes:
- Defense of actions for securities fraud and misrepresentation
For example, class actions and individual suits against issuers, directors, officers, underwriters, brokers, accountants, attorneys, investment companies and investment advisors under federal and state securities laws.
- SEC enforcement proceedings
For example, representing issuers, officers and directors and professionals in investigations and civil proceedings initiated by the SEC.
- Derivative actions alleging breach of fiduciary duty and related torts
For example, suits by derivative plaintiffs in federal and state courts asserting violations of the duty of loyalty and care by directors and officers.
- Bankruptcy/securities litigation
For example, representing issuers, officers and directors, and professionals in connection with parallel bankruptcy and securities actions where the issuer has become insolvent.
- Contests for corporate control
For example, litigation involving proxy contests, tender offers and mergers and attendant class and derivative litigation.
- Civil and criminal insider trading allegations against issuers and insiders
- Broker-Dealer litigation
For example, representing registered broker-dealers and investment advisors in state and federal actions, arbitrations and proceedings before self-regulatory organizations.