The primary goals of business men are to increase profitability, to provide excellent customer service and to stay ahead of the competition. Business do not want their goals interrupted by having to engage in commercial litigation especially because it is time-consuming, a detraction from company goals and potentially expensive. But situations do arise where commercial litigation is inevitable and because the stakes are so high, companies should be very careful in their selection of an attorney. The attorney selected should have vast experience, an educational background at the finest schools in America, and be of the highest character, honesty and integrity.

One inevitable case of commercial litigation being require was Brandaid Marketing v. Cyberian Holdings, Ltd. Because of my reputation and experience, the president of Brandaid was recommended to our law firm and he made an appointment for a consultation. He explained that BrandAid’s principal business operation was marketing “in-store” advertising through the use of supercards in displays mounted in supermarkets. A Hong Kong company, Cyberian Holdings, ltd, had attempted to steal Brandaid’s business, entered into a fraudulent contract with Brandaid and, as a result, Brandaid had lost $21,000,000. A decision was made to sue in the U.S. District Court for the Southern District of New York.

At trial, I proved that Brandaid had been defrauded but the federal district judge issued a very unusal decision finding that because both parties were guilty of misconduct, the lawsuit should be, and was dismissed. Brandaid’s president was very disappointed but I explain that the decision was legally wrong and that an appeal had to be taken. He never lost faith in me or our law firm and an appeal was taken to the US Court of Appeals for the Second Circuit in Manhattan. The appeals court reversed the federal district court and ordered a new trial. At the second trial, I again proved that Brandaid had been defrauded and a $21,000,000 judgmemt was awarded.

Especially in these Covid-19 days, there are many legal challenges confronting businesses. Knowing your rights and the best course of action to take requires interaction with an experienced and reputable commercial litigation attorney.


The Writer

Paul Siegert has been an attorney in good standing for 46 years, have taught continuing legal education courses to other attorneys on how to try lawsuits in New York, and have graduated from the Riverdale Country Day School, Wesleyan University and the New York University School of Law.