A Powerhouse Litigation Department
When facing their most difficult and critical litigation, businesses and individuals choose the Litigation Group at Brach Eichler for our creative resolutions to complex disputes. Drawing on our deep bench of trial‑ready attorneys, we have repeatedly secured precedent‑setting results for our clients. We know our way around the courtroom, using the judicial process to get our clients the best results possible. Known as a litigation powerhouse, Brach Eichler’s Litigation Department is a full-service practice with extensive trial experience.
Why Brach Eichler?
We are more than great litigators; we are also dedicated business counselors. We understand that “winning” means different things for different clients, so we take the time to understand your objectives and goals. We also work closely with clients to understand and appreciate their business objectives and culture to provide both short- and long‑term solutions.
We strive for resolution, but we are prepared for battle. We pride ourselves in delivering pragmatic, business-centered solutions to disputes. We provide thorough and careful preparation in approaching our clients' objectives is key to achieving successful negotiations and litigation outcomes. While we have the experience, we know listening to and communicating with our clients is essential to meeting your goals.
We represent national and international companies, as well as mid-sized companies, in many types of legal matters, ranging from contract and business disputes, construction claims, business torts, employment disputes, copyright infringement, unfair competition, trade secret litigation, shareholder disputes, regulatory matters, supply chain and beyond. We are also recognized leaders to healthcare providers in complex reimbursement and regulatory disputes, claim audits, disciplinary proceedings before state medical boards, restrictive covenant breaches, insurance fraud matters, governmental investigations, and medical practice shareholder actions.
Brach Eichler was named New Jersey Law Journal’s “Litigation Department of the Year – Healthcare specialty” in 2023, 2022, and 2021.
Our litigation services include:
- Alternative Dispute Resolution
- Appellate
- Bankruptcy & Restructuring Litigation
- Commercial Litigation
- Employment Litigation
- Family Law Litigation
- Healthcare Litigation
- Real Estate Litigation
Our multidisciplinary, trial-ready approach helps manage risk across jurisdictions and geographies, at every stage of the dispute resolution process.
Alternative Dispute Resolution/Arbitration/Mediation
Brach Eichler’s Alternative Dispute Resolution (“ADR”) Practice helps parties evade the uncertainty and exorbitant cost of litigation in the courts, through mediation or arbitration in order to a timely resolution to complex disputes. Brach Eichler now has the ability to resolve a wide variety of disputes and to appear in major arbitration forums including the AAA and CPR, and can resolve a wide variety of claims in the U.S. through arbitration and other forms of ADR.
Appellate
Brach Eichler’s attorneys customize the services they provide to meet the client's needs, goals and budget. Our appellate practice group comprises a group of attorneys with experience in handling appeals in specific substantive areas, such as intellectual property, antitrust, bankruptcy, employment, and administrative law. This structure allows us to draw on substantial resources if necessary to serve the client's interests. We offer not only flexibility in the services we provide, but are also open to considering alternate fee structures, including fixed fee and hybrid fee arrangements.
Bankruptcy & Creditors Rights Litigation
Brach Eichler attorneys handle a broad range of bankruptcy litigation. Actions include plan confirmation issues, asset purchases, stay litigation, fraudulent transfer litigation, preference litigation, negotiation of cash collateral orders and claim objections. In any type of representation that requires specialized knowledge in other areas of law, we draw from our expertise and experience. With this depth of support, the Creditors’ Rights and Bankruptcy Practice provides practical, informed and efficient solutions that deliver to our clients the best available resolution.
Brach Eichler regularly assists lenders in pursuing remedies against borrowers, guarantors and other third parties whose actions may have contributed to the lender’s loss. We represent clients in state and federal courts to collect amounts owed, whether a direct suit on notes and guaranties or a deficiency claim subsequent to a foreclosure. We counsel and represent clients in obtaining court-appointed receivers to manage the lender’s collateral and investigate and pursue fraudulent transfer actions against obligors. Our attorneys regularly represent unsecured creditors’ committees in bankruptcy and ad hoc committees of creditors outside of bankruptcy. The practice also includes the defense of lenders in lender liability claims.
Commercial Litigation
Brach Eichler’s commercial litigation attorneys have successfully handled cases across the country in both state and federal courts. With decades of experience, our trial attorneys are known for developing and implementing practical, cost-effective solutions to sophisticated business disputes, often taking on cases that other firms cannot handle or have tried and failed. They know how to navigate a case through the court system skillfully and efficiently to obtain the most favorable result for our clients.
In addition to successfully litigating our clients’ business disputes and commercial matters, we also offer our clients guidance to avoid litigation as often as possible by providing proactive strategies and practical advice including when and how to try cases. Our experienced business litigation lawyers have developed a keen sense of why disputes arise, allowing us to counsel our clients on how to best avoid the disputes in the first place. We serve as trusted advisors to our clients on issues including claim assessment and resolution, loss and damage exposure, and pre-litigation strategies. Additionally, we provide a wide range of strategic counseling services on matters ranging from contract disputes; partnership, corporate and business divorces; protecting confidential and proprietary information; and other business disputes.
Employment Litigation
Brach Eichler attorneys litigate all types of employment-related claims, responding to state and federal equal employment opportunity administrative proceedings arising out of discrimination or retaliation claims. Against employee claims of unlawful discrimination, harassment, whistleblower, retaliation and wrongful discharge, collective and class actions for wage and hour violations, and breach of employment contracts.
Additionally, we provide a wide range of strategic counseling services on matters ranging from contract disputes; vender disputes, partnership, corporate and business divorces; protecting confidential and proprietary information;, domain name disputes, contract warranty and indemnity claims, unfair competition and trade secret litigation, business torts and other business disputes.
Family Law Litigation
When considering marriage or facing the consequences of divorce, custody, guardianship, or a trust dispute, Brach Eichler’s Family Law Practice addresses these events on the family dynamics. Brach Eichler attorneys are recognized for their dedication to serving the legal needs of families, including plans for the care and financial security of children, marital formation or disruption as well as disputes and litigations. Each family law matter is unique. We have experience working with a wide variety of families and individuals with differing priorities, through difficult challenges. We consistently bring to each matter every resource we possess as a firm, for the benefit of each and every client.
Healthcare Litigation
Brach Eichler’s trial lawyers are knowledgeable, not just in healthcare litigation but in all phases of health care financing, delivery, and reimbursement. We have the resources that frequently allow clients to resolve healthcare disputes with government agencies and payers at an early stage. Members of our healthcare litigation team have successfully litigated numerous court cases and settled cases through alternative dispute resolution.
Our healthcare attorneys:
- Resolve fraud cases; regulatory inquiries; exclusion, debarment, and other administrative proceedings; and reimbursement, financing, and government contract-related matters
- Are experienced in complex civil and criminal litigation, and compliance investigations before federal and state courts
- Have extensive knowledge of complex corporate health structures and relationships and federal and state health and reimbursement laws and regulations
Real Estate Litigation
Real estate disputes cause extensive interruption and interference. Our attorneys work hard to alleviate these roadblocks altogether. Our litigators work closely with members of our real estate transaction teams to serve our clients’ needs in a seamless manner. Brach Eichler has extensive experience in representing investors, owners, operators, developers, hotel management companies, lenders, landlords, tenants, and REITs in a variety of disputes across property types. Our lawyers have resolved myriad real estate litigation disputes, including through mediation, arbitration, and trials, deriving from breaches in fund governing documents, securities disputes, indemnification issues, risk management and insurance, failed real estate acquisition, financing and joint venture deals, hotel management contracts and land use and environmental matters.
Brach Eichler brings a unique blend of litigation firepower and business practicality. They are more than capable of achieving the desired result in various ways and the firm possesses the ability to pivot nimbly where case developments call for an audible.
