Litigation Practice Group

The focus of our Litigation Group is on achieving the swiftest, most economical and best resolution to commercial and business disputes. Hahn & Hessen's attorneys forcefully represent their clients before New York State Courts (particularly in the New York County State Supreme Court's Commercial Part, the forum for many complex and substantial commercial disputes) and Federal and Bankruptcy Courts, both in and outside New York. Our partners and special counsel have extensive trial and appellate experience.

We stress efficiency in staffing and excellence in both oral and written advocacy. While we zealously protect our clients' rights in the courtroom, we recognize the value of alternative dispute resolution, such as through negotiation, mediation or arbitration, when that will better serve the clients' interests. We recognize that litigation is not an end in itself, but rather is a means to solve a client's problem. From the outset of a dispute, we work closely with our clients to develop creative solutions and a course of action that will best achieve their goals.

Hahn & Hessen's litigation practice encompasses a wide range of commercial and business matters. We represent financial institutions in disputes involving loan agreements, participations, guarantees, security agreements, mortgages, letters of credit and similar contracts; and are experienced in the defense of "lender liability" type claims. We have successfully represented our clients in cases seeking damages for breach of contract, intentional fraud and concealment, negligent misrepresentation, accountants' malpractice, and fraudulent conveyance. We have been particularly effective in obtaining the issuance of emergency provisional remedies (such as temporary restraining orders and orders of attachment or replevin), usually at the inception of litigation on an accelerated basis, resulting in significant, expedited recoveries or quick dispute settlements.

Beyond the typical creditor-debtor arena, we have represented clients in a diverse assortment of business disputes. These have included defending the rights of selling or purchasing stockholders in closely-held businesses; collecting contractual royalties; enforcing franchise agreements; enforcing, or defending against, employment agreement restrictions amid unfair competition or similar claims; litigating the validity of commercial lease provisions; and resolving - through suit or alternative dispute resolution means - textile industry controversies.

We also litigate the entire range of bankruptcy related litigation, including disputes over preferences, fraudulent transfers, applications for relief from the automatic stay, requests to utilize cash collateral (often handled on an "overnight" basis), reclamation proceedings and attempts to assume or reject executory contracts or leases. Coordinating our efforts with the bankruptcy practice group and thereby able to deploy on frequently short notice a team of uniquely skilled professionals, we have many years of experience in effectively representing clients who require a blend of bankruptcy and litigation expertise.

Clients recently represented by the Litigation Practice Group include Wells Fargo, Chase Manhattan Bank, Citigroup, IBJ Whitehall, CIT Group/Business Credit, The Bank of New York, GMAC Commercial Credit, Israel Discount Bank of New York, Bank of America, ABN Amro Bank Group, Hong Kong Bank of Canada, The Community Preservation Corporation, Salomon Smith Barney, Merrill Lynch Interfunding, American Express, Lehman Brothers, Fleet Bank, United Bank for Africa, Insilco Corporation, Heller Financial, Sterling National Bank & Trust, The Boston Company, and Adco Equities.