LITIGATION, ADR AND MEDIATION
No two business disputes are alike. For parties wishing to initiate a dispute: considerations such as contract terms, confidentiality, time constraints, preservation of future business, budget, and the importance of the legal principle at stake affect whether a particular dispute might be better solved through litigation, arbitration, or mediation.
For parties defending against a dispute: while certain of the decisions as to how and where a dispute will be resolved have already been made by the plaintiff, these considerations remain relevant to a party's defense against a case to the extent that any are changeable, were incorrectly invoked by the plaintiff, or remain available upon request of the defendant.
Mediation always remains a viable dispute-solving process for parties, in addition to, or instead of, litigation or arbitration. When parties are open to it, mediation has the power to be cost and time effective and to render results not achievable in an adjudicated proceeding.
Ms. Seniawski has represented parties in all stages of litigation in state and federal courts across the United States and in proceedings conducted under the rules of or before the American Arbitration Association, JAMS, the International Centre for Dispute Resolution, and various private arbitration forums. Further, she is trained as a third-party neutral in advanced commercial mediation.
Not only did Ms. Seniawski serve as a federal law clerk to an appeals court judge, but over the course of her practice, she has represented parties and amicus curiae in appeals on a wide-ranging variety of federal and state law issues, many of precedential importance, before the appellate divisions of New York, the New York Court of Appeals, the U.S. Courts of Appeals and the U.S. Supreme Court.
Selected Trial and Appellate Representations
Represented a group of owners in ownership dispute over business worth more than $1 billion in complex commercial litigation through trial, on appeal to the First Department Appellate Division, and in successful petition for leave to appeal to the New York Court of Appeals
Represented technology company in dispute with overseas distributor under consulting agreement
Obtained anti-suit injunction on behalf of Australian investment bank barring party-opponent from prosecuting Mexican lawsuit against client relating to consulting agreement arrangement for Mexican infrastructure fund
Obtained hybrid settlement-plus-arbitration win of more than $2 million on behalf of international client in dispute regarding sale of tableware company assets and transfer of related intellectual property
Obtained non-compete injunction against executive and his new employer on behalf of former employer
Represented former C-suite executive in options entitlement dispute in lower court and related private mediation
Represented client against motion for Yellowstone injunction
Represented clients in suit alleging default of guarantees supporting $7,750,000.00 promissory note
Represented property owner against allegations of damage to party wall and diminution in value of neighboring townhouse
Obtained summary judgment in favor of U.S. and non-U.S. companies against claimed violations of the Alien Tort Claims
We will help you focus on running your business. Whether that means advice on choosing the appropriate entity and state for formation, setting up standard agreements, or routine transactions, we will educate you on your options and then implement your choices using plain English drafting.
Over her career, Ms. Seniawski has helped closely-held businesses with annual revenues from $5,000 to more than $100,000,000 in corporate governance matters and transactional contract drafting.
Selected Corporate Representations
Business advice and formation for sole proprietors, limited liability companies, corporations and partnerships, including registration, organization, operating agreements, and ongoing state law governance obligations.
Drafting engagement agreements for lawyers and accountants in compliance with state regulations governing licensed professionals
Drafting agreements that govern the terms of service between a business and its customers, vendors, consultants, or employees
Drafting partnership agreement to reflect partners' demands regarding capital contributions, distributions, management, and dispute resolution