Civil Litigation Attorneys You Can Trust
Andrew Dressel and Chris Malikschmitt are experienced litigators who have practiced high-end civil litigation at some of the most prominent law firms in the country. They have represented clients on both the defense and plaintiff’s side in complex business disputes, internal investigations, protracted discovery disputes, and nationwide class actions. Dressel/Malikschmitt was founded to bring that same approach to individuals and businesses right here in central New Jersey.
Whether a business dispute, personal injury matter, or potential class action suit, the attorneys at Dressel/Malikschmitt stand ready to advocate on your behalf to work to get the best possible result in your case. Early actions greatly impact end results in complex legal matters and we encourage you to engage capable, experienced, qualified counsel you trust from the outset of your legal matter.
Based in Somerville, New Jersey, we represent clients throughout New Jersey, as well as select matters in New York and Connecticut.
Practice Area: Civil Litigation
Type of Client: Our clients in this case are two American wine distributors.
Client’s Issue: Our clients hope to recover hundreds of thousands of dollars of misappropriated wine.
Approach: D/M is taking a buyer to court for alleged fraud, conspiracy, a civil RICO claim, and numerous other claims.
Result: The results of this case are pending.
Practice Area: Civil Litigation
Type of Client/Client’s Issue: The victim of an intentional tort for invasion of space, privacy and security.
Approach: This case went to trial instead of settling out of court. The D/M team litigated on behalf of our client.
Result: D/M persuaded the Judge to award $600,000 in punitive damages, and almost $1 million in total, to punish the defendant and send a message that behavior like theirs will not be tolerated in New Jersey.
NJ Business and Commercial Disputes
Our lawyers bring seasoned litigation skills to small, mid-sized, and large corporations to ensure business and commercial disputes are pursued with your specific business goals in mind. Let Dressel/Malikschmitt’s focused professional experience guide your business to the best possible litigation outcome. Our partners will assist you in identifying, implementing, and achieving your commercial and strategic objectives while mitigating risk.
NJ Employment/Compensation Issues
Dedicated advocacy is crucial in any executive employment or compensation dispute. Executive compensation litigation requires attention to the details of contractual provisions, as well as experience in complex regulatory schemes, such as ERISA, which factor into severance benefits litigation. Dressel/Malikschmitt has the necessary skills and experience to help clients achieve the best possible result (whether seeking unpaid compensation or defending against claims for compensation that are undeserved).
NJ Breach of Contract
Dressel/Malikschmitt uses an analytical, detail-oriented, and creative approach when litigating contractual disputes. If you’re concerned about a potential breach of contract, call our team of experienced New Jersey attorneys.
New Jersey Class Action Litigation
Having worked on numerous large class action suits, including consumer protection and employment actions, Dressel/Malikschmitt brings unique experience to class action litigation. These cases have resulted in favorable outcomes and settlements for our clients due to our persistent, tenacious representation and attention to detail.
New Jersey Civil and Business Matters
- Successfully defended a private citizen against numerous tort claims brought by a public official for comments allegedly made online, resulting in the case being dismissed in its entirety.
- Successfully represented client in the face of wage garnishment demands from a for-profit university without need for litigation.
- Negotiated civil settlement in an action brought by insurance company for purported negligent driving in an automobile accident.
- Successfully represented a client in a putative class action in federal court seeking class wide unpaid overtime wages under state and federal law. This action ended in a favorable settlement payment to our client.
- Ongoing representation of a “frozen-out” partner in dispute over lucrative broker-dealer ownership.
- Ongoing representation of employees seeking five-digit severance packages from a large telecommunications company.
- Ongoing representation of a former executive seeking millions of dollars in unpaid compensation from a large international pharmaceutical firm.
- Dressel/Malikschmitt serves as general counsel to a local rescue squad.
As with any contract dispute, those within the crypto arena can arise when parties have disagreements about how, when and if a contract was formed and whether all parties have completed their individual commitments. Varying interpretations of contracts can also cause disputes and with the fast-paced and ever-changing digital currency world, contracts are often thrown together quickly, leading to disagreements and potentially litigation. The nuances of a digital currency contract are unique and we have the experience you need if you find yourself in a contract dispute over significant cryptocurrency investments.
Investment disputes often arise between co-founders of cryptocurrency enterprises such as mining operations and digital asset investment funds. Such disputes are often the result of a lack of attention to contract drafting at the outset of an enterprise. Disputes also arise when passive investors complain about improper disclosures at the outset of a venture or who feel proceeds are not being distributed properly.
Additional cryptocurrency and digital currency investment dispute types include:
- Users of digital asset exchanges and other digital asset services who are locked out of funds, lose funds via hacking or otherwise negligent security procedures, or are charged excessive fees to transfer or convert their digital assets.
- Investigations by governmental agencies regarding the initial sale of digital assets or allegedly fraudulent practices.
- Investigations of the potential sale of unregistered securities and class action claims regarding the possible sale of unregistered securities.
- Claims of consumer fraud under state consumer fraud laws related to the sale of digital assets or other digital asset-based enterprises.
Dressel/Malikschmitt partners Chris and Andrew are well versed in these types of investment disputes and are ready to help tackle the toughest cases.
As the cryptocurrency boom continues, partnerships and business relationships are created quickly, often without much thought to contract details. Unfortunately, this can lead to contract disputes down the line. If you have a significant investment in digital currency and are facing a contract or ownership dispute, reach out to the experienced attorneys at Dressel Malikschmitt.
Between celebrities creating and promoting their own non-fungible tokens (NFTs) and the increasing regulations coming from the US Securities and Exchange Commission (SEC), cryptocurrency class actions are poised to increase substantially. With large-scale cases such as these, you need attorneys who have experience within the crypto arena, litigating cases and keeping up-to-date on regulations and new technology. The attorneys at Dressel Malikschmitt are happy to talk about potential class action lawsuits involving digital currency and are uniquely situated to take on these nuanced cases.
Serving employers in the employment industry means protecting businesses from unlawful wage and hour claims and disgruntled employees. This multi-faceted industry requires attorneys with deep knowledge of employment law and experience seeing issues from both the employer and employee’s point of view. If your business is in overtime arbitration or has employees claiming they haven’t been fairly paid, reach out to us today.
Our team offers commercial arbitration when disputes cannot be settled by the parties alone. This type of arbitration can accelerate a decision and avoid the complexities of the litigation process. Our attorneys bring not only robust arbitration experience, but creative solutions to break open difficult disagreements.
Pharmaceutical Licensing Disputes
When a pharmaceutical licensing agreement is created between a drug company and a laboratory, the lab creates and patents a certain drug, then licenses the company to market, produce and sell the drug. Disputes can arise during the licensing process, or after the license has been granted and the drug company is actively marketing and producing the drug. Let our experienced attorneys take the guesswork out of such a dispute and work for the best result for you.
FAQs About Civil Litigation
All legal matters are either criminal or civil. Criminal matters always involve the government prosecuting someone for crimes against the local, state, or federal government. Civil matters do not involve the government. Instead, they are legal disputes between private individuals or organizations. Civil litigation never results in imprisonment because the government is not a party to the dispute, but damages, fees, and costs are often paid by the losing party.
Dressel/Malikschmitt handles a variety of civil lawsuits in the New Jersey court system. We are often involved in business litigation stemming from breaches of contract or employment disputes. We also handle civil cases filed on behalf of injured plaintiffs who are seeking compensation for the harm they have suffered. We file individual personal injury lawsuits, but have also worked on a number of class action cases where a group of similarly mistreated or injured plaintiffs band together to seek justice.
Once a breach or injury occurs, plaintiffs have a limited window of opportunity to file a lawsuit. The amount of time that passes before the window closes varies from case to case. Business contracts often include provisions limiting the time a lawsuit can be filed. The countdown clock in a personal injury suit or other non-contractual dispute is typically governed by a statute of limitations written into New Jersey state law. One of the reasons it is important to speak to an experienced civil litigation attorney as soon as you are injured or a dispute arises is so that you get your claims filed before time runs out. Even if you have a slam-dunk case, you will be out of luck if you wait too long to file it.
In New Jersey, most civil litigation follows a similar path. First, a complaint is filed with the court. The complaint outlines the dispute between the two parties, and tells the court what the plaintiff would like the defendant to do to make things right. The defendant then files a response briefly telling their side of the story, and making any counterclaims. The court will look at these documents and decide if there is an actual dispute it is capable of resolving. Some cases do not make it past this step. Those that do, move on to the discovery phase, where both sides look for evidence that supports their claims. If the case does not settle, it then goes to trial. The judge will reach a verdict, which may be appealed if either party is dissatisfied.
Litigation is not a quick and easy way to solve a dispute. It is a lengthy, drawn-out process that can take months or even years. In New Jersey, many civil lawsuits are settled because the parties grow tired of waiting for their day in court. Cases that do go to trial, and are then appealed by the losing party, take even longer to resolve.
When Dressel/Malikschmitt is hired to represent a party in a civil dispute, it is our responsibility to advocate for a resolution that is in our client’s best interest. We talk with our client to figure out what their end goal is, then work backward from there. This typically means gathering evidence, identifying witnesses or key individuals that should be deposed, getting paperwork in order, drafting legal documents to file with the court, and appearing in court to advocate for our clients as the case progresses. We also keep a line of communication open with the other side because they often realize negotiating a settlement would serve them better than going to trial.
This depends on what your definition of “winning” is. Having your day in court, and coming out on top is one definition winning but it is not the only one. Winning can also mean coming to a point where you can move on with your life or business. At Dressel/Malikschmitt, we talk to our clients about what winning would mean to them — what it would allow them to do that they aren’t able to do now. If their goals can be accomplished outside the courtroom, that is still a win.
The best thing you can do to prepare yourself for civil litigation is to speak with an experienced attorney like those at Dressel/Malikschmitt. No two cases are alike, so you need the personalized advice a lawyer can offer you. Beyond that, gather and save documents and other information that helps you remember and tell your side of the story. These things can help an attorney assess your case, and may be important evidence at trial.