Commercial Litigation

Whether representing a start-up or a well-established public entity, The Law Firm of Kenneth Allen Brown, PLLC is the kind of commercial litigation law firm that provides a backdrop for successfully resolving claims efficiently.

Litigation attorney Kenneth Allen Brown, Esq. regularly advises companies of all sizes in a variety of industries on Long Island and the New York metropolitan region on nearly every aspect of doing business. Whether structuring or negotiating, he provides thoughtful representation and leveraging experience for the best possible results. Kenneth takes the time to care for and defend his clients’ business interests and objectives by helping them to develop and execute tailored strategies – both in and out of court.

Kenneth is strategic, deliberate, and very adept at negotiating settlements in multiparty cases to get you the best result at the least cost. If need be, he will go to trial, but Kenneth believes that trial should be the last resort as not every dispute is best resolved in the courtroom.

Corporate and Limited Liability Company Dissolutions Litigation

Oftentimes, minority shareholders or partners may file lawsuits claiming unfair compensation, accusations of fraud, contracts dispute, or breach of fiduciary duty, among other wrongful acts. When these types of claims arise, that’s when an experienced business litigation attorney comes into play to represent your interests during the process and to protect your interests against liability.

Long Island litigation attorney Kenneth Allen Brown has navigated several legal claims arising from a company’s dissolution. Kenneth is skilled in reviewing the articles of incorporation, bylaws, and shareholder or partnership agreements. He knows how to negotiate with the other partners or shareholders involved in the dissolution to try and resolve matters. If negotiations fail, Kenneth will take your case to court and make the best possible arguments for your case.

In New York, there are two types of dissolution of a corporation: voluntary dissolution and involuntary dissolution. Voluntary dissolution is mostly straight forward, but an involuntary dissolution of a corporation requires a court proceeding.

A court will dissolve a New York partnership when:

• A partner has been declared incompetent or is shown to be of unsound mind;
• A partner breaches the partnership agreement; or
• The business of the partnership can only be carried on at a loss.

Partner Dissolutions Litigation

All too often, partnership disputes of privately held businesses go sour to the point where the co-owners can no longer work together and they need a “business divorce.” Even the most successful businesses and partnerships may reach a stage at which dissolution is the appropriate next step for the company. When this happens, having an experienced attorney is essential to help protect your interests and to ensure there is a fair dissolution. New York litigation lawyer Kenneth Allen Brown has over three decades of experience with dissolution proceedings.

Kenneth brings together his diverse practice skills, knowledge, and experience in commercial law matters, such as those dealing with the dissolution of business to make sure the process is executed properly. He understands the particulars of the laws governing the internal affairs of closely-held partnerships and limited liability companies. Kenneth works closely with owners of companies in a wide variety of industries, including real estate, construction, manufacturing, finance, service companies, and more to explore and to execute strategies and solutions that can eliminate escalation of hostilities that inevitably accompany litigation. He represents clients in arbitration, mediation, and other types of Alternative Dispute Resolution (ADR) to encourage parties to work together to develop the best possible solutions to business disputes.

REPRESENTATIVE CASES

• Leventhal v. New Valley Corp., 1992 WL 15989 (S.D.N.Y. Jan. 17, 1992) (granting partial summary judgment on contract); and
• Long Island Diagnostic v. Stony Brook Diagnostic Assocs., 286 A.D.2d 320, 728 N.Y.S.2d 781 (2d Dep’t 2001) (dismissing multi-million-dollar claims based upon plaintiff’s purging of billing databases and spoliation of evidence).