Commercial

Commercial Team

Paul Kozacky - KWM Prinicpal Attorney

Paul J. Kozacky

Principal

Jerome Weitzel - KWM Prinicpal Attorney

Jerome R. Weitzel 

Principal

Alastar McGrath - KWM Prinicpal Attorney

Alastar McGrath

Principal

KWM represents its clients’ interests in both litigation and contractual matters. Whether a client needs representation in a litigated contract dispute, or guidance in the sale or purchase of a business, KWM has the experience to provide for all of a client’s commercial needs. 

Commercial Litigation

Our attorneys have litigated complex commercial litigation issues in both state and federal courts, with extensive experience in the handling of contract disputes including claims arising under the Uniform Commercial Code, claims based on oral contracts, and issues dealing with the termination and formation of partnership agreements. 

In addition to our extensive familiarity with the litigation process, KWM has represented clients in alternative methods of dispute resolution, including mediation and arbitration.

Representative Matters

  • Defense of breach of $16 million loan commitment claim.
  • Defense of a breach of restrictive covenant and employee non-solicitation claims.
  • Defense of multi-million-dollar contract, warranty and fraud claim against telephone carrier.

Business Representation

We are prepared to assist clients with any concern that might require legal guidance including entity formation and compliance; purchase and sale of a company, including dealing with employee benefit and real estate issues; contract drafting and negotiation; business planning; and lease negotiation. 

We also have the ability to act as general counsel for businesses, or as regional, local or special counsel regarding particular matters.

Representative Matters

  • Negotiate the multi-million-dollar buyout of a partner of several real estate and medical services ventures.
  • Represent the primary financial investor in a technology company in restructuring the company’s board of directors.
  • Represent an international manufacturer and distributor in drafting its inter-corporate sales and distribution agreements and consulted on its corporate governance and structure.

Data Protection and Privacy

KWM works with its team of technology problem-solvers to formulate and implement a measured response to any breach or incident, as well as conduct a forensic analysis in order to implement solutions that will keep a client safe from future incidents.  

Our firm can also help businesses stay abreast of privacy requirements, navigate regulatory waters and defend against government enforcement actions and private litigation.

Representative Matters

  • Aid client that was the victim of a cyber breach to identify attacker and recoup over 80% of the company’s funds.
  • Identify and navigate data privacy regulations that apply to the client’s industry.

Anti-trust and Competition

KWM recognizes the importance of fair competition as well as the immense liabilities and reputational damage that may result from an antitrust claim against your business.

Our attorneys have experience representing national businesses in complex antitrust and competition matters involving such claims as monopolization, restraint of trade, price fixing, predatory pricing and bid rigging. 

Representative Matters

  • Represent corporation in litigation of monopolization and predatory pricing claims.
  • Counsel client regarding potential antitrust issues while reorganizing its sales platform.
  • Advise client that was accused of price fixing with its competitor.