Commercial Litigation

DO&CB litigates contractual disputes including life and disability contracts, commercial and hospitality contracts, franchise agreements, employment contracts, mortgage contracts, agency agreements, partnership agreements, master servicing agreements, service agreements , distribution agreements, merger and acquisition contracts for small and medium sized businesses.

A. Breach of Contract Litigation

  • Litigation representations include an international arbitration and an appeal relating to high-dollar claims made with respect to mortgage companies
  • DO&CB represented a major hotel in connection with resolving a class action seeking payment of penalties due to alleged ATM notice defects.
  • DO&CB obtained dismissal of an action alleging unjust enrichment and quantum merit in connection with identifying a potential real estate development for a hospitality corporation.
  • DO&CB successfully defended a breach of duty of good faith and fair dealing case arising from a major food manufacturer’s termination of licensing agreement with a hospitality corporation.
  • DO&CB obtained dismissal of RICO, breach of contract, and fraud claims against the originating mortgage lender, MERS, and the Trustee.
  • DO&CB litigated sophisticated work product and other evidentiary issues relating to third party subpoenas pertaining to contracts.
  • DO&CB negotiated a pre-litigation resolution of a complicated multiple credit union claims against the fidelity bond company with respect to alleged fraud committed by the owner.


In connection with litigations involving variable annuities and life insurance, the Firm has handled FINRA arbitrations and responses to FINRA requests to investors and corporations regarding allegations of misrepresentations made in the sale of life insurance, suitability, pricing, representation issues, and allegations of “selling away.”

C. Sales Practices Litigation

The Firm has handled several sales practices matters and successfully moved to dismiss a matter against a financial institution brought by an investor alleging fraudulent sales practices. The Firm’s unique understanding of sales practices matters was developed during the representation of MetLife by Michelle d’Arcambal and James Lenaghan while in-house attorneys in the vanishing premium sales practices class actions both in nationwide MDL and in several states.

D. Stranger-Owned Life Insurance Policies

The Firm has successfully defended life insurers in claims brought by speculators in life insurance policies (commonly known as stranger-owned life insurance or “STOLI” policies). These matters require analyses of our clients’ policies and guidelines regarding lapses, notices and reinstatements. Litigants typically present complicated technical arguments to avoid the company’s determination that these policies have lapsed for various reasons. Over time and with the exception of a few states, the law has changed in favor of insurers, allowing them to rescind fraudulently obtained policies by speculators after the expiration of the two-year contestability clause.

E. Securities

Several of the Firm’s attorneys have significant securities backgrounds. One of the Firm’s senior associates, Mindy Dolgoff, has both plaintiff-side and defense experience with securities fraud class actions. At Dewey Ballantine LLP, she defended corporations in both securities fraud class action litigations and shareholder derivative suits. At Labaton Sucharow, LLP, she represented institutional investors in all aspects of complex securities fraud class actions, including investigation of claims, drafting of complaints, dispositive motion practice, motions for class certification, management of large-scale document review, written discovery, depositions, trial preparation and trial.

F. Mortgage and Rescission Litigation 

The Firm has spent decades representing insurers and financial institutions seeking to affirmatively rescind coverage or recover improperly or fraudulently paid monies under policies of insurance or other financial instruments. Actions include litigations seeking to rescind life or disability policies or seeking to recover damages in mortgage, health insurance and other matters based on fraud or misrepresentation. The Firm has also litigated matters where defendants allege that a mortgage was invalid due to improper securitization or assignment, or faulty lapses or defaults due to failure to follow recording and notice requirements.

In January 2012, the Firm was retained as part of MetLife’s Home Loans Recovery Program to recover monies in connection with mortgages it had issued. In those matters, we affirmatively sued brokers, surveyors, appraisers, title insurers, and other entities on claims of fraud. Also on behalf of MetLife, the Firm defended the appeal of a successful motion to dismiss based on claims that a reverse mortgage was issued improperly, and a New Jersey appeal of a successful trial verdict also concerning a reverse mortgage.


40 Fulton Street, Suite 1501
New York, NY 10038

Phone: 212-971-3175
Fax: 212-971-3176

Four Century Drive, Suite 250
Parsippany, NJ 07054

Phone: 973-734-3200
Fax: 973-734-3201

One Liberty Place
1650 Market Street, Suite 3600
Philadelphia, PA 19103

Phone: 215-665-5658
Fax: 215-569-8228