Commercial Defense Litigation

Winston and Winston P.C. has defended financial institutions and businesses for over 20 years before state, federal and bankruptcy courts directly in New York, New Jersey and Connecticut and nationally.

Many businesses utilize form agreements with unconscionable or unenforceable terms.  In some cases, we find that neither party truly understands the weaknesses and strengths of their cases.  We utilize our experience in litigating these agreements to help our clients obtain quicker resolution of these matters. For example, some clients feel that just because the claim is irrational, they cannot lose. Other clients confidently believe that their contract is fool-proof, and will be strictly enforced by the court.  In some jurisdictions, these expectations are fulfilled, but in other jurisdictions, unexpected results will develop.  Due to our experience and knowledge of the law, we are better trained to anticipate these scenarios and develop solutions.

Our litigation experience enables us to offer greater efficiencies to our clients who trust our ability to protect their interests.  By providing comprehensive services, our firm assists clients in managing risk, reducing costs and increasing productivity

Our firm defends clients on matters involving:

  • Breach of Contract and Breach of Warranty claims;
  • Vendor Disputes; Confidentiality and Non-Compete Agreements;
  • Defamation; and Business Torts;
  • Unconscionable Terms in Agreements;
  • Opinion Letters and Compliance Audits; and Arbitrations
  • Wrongful Repossession Claims;
  • Opposing Temporary Restraining Orders
  • Recovering Collateral from Third Parties or Government Entities.
  • Arbitrations and Alternative Dispute Resolution.
  • Avoiding Enforcement of Contracts;


Risk Management Services

We can provide opinion letters. Seminars are provided upon request to clients or associations in search of experienced speakers. Our proactive solutions are more economical than defending lawsuits.  Our firm can review your Letters, Credit Applications, Loan Documentation, Statutory Notices, Agreements, Leases, Confidentiality and Non-Compete Agreements, Vendor Agreements.  Websites, Forms and Procedures; Consulting on a Retainer Basis is also available.