civil Lawsuits and arbitration proceedings

Ewusiak Law represents plaintiffs and defendants in lawsuits and arbitration proceedings.  Primary practice areas, and representative matters, include:

FRAUD (MISREPRESENTATION)

  • The theft of premiums
  • The theft and conversion of funds by a shareholder of a corporation
  • The theft of deposits into and withdrawals from investments
  • A scheme by pharmacies, marketing companies, and doctors to inflate the cost of medically unnecessary drugs and services and submit claims for payment to a U.S. government benefits program
  • Deceptive and unfair trade practices by businesses
  • Misrepresentations and omissions of material fact (non disclosures) by owners, real estate brokers, and real estate agents in connection with the sale of residential property

THE SALE OF SECURITIES, INVESTMENTS, OR INSURANCE

  • The overconcentration of an investment portfolio in one industry sector or investment type
  • Unsuitable investment recommendations by financial advisors based on an investor's objectives, risk tolerance, experience, financial needs, and other considerations
  • Twisting and churning of investments over time
  • Mismanagement of retirement accounts (IRA, 401(k), etc.)
  • Unauthorized transactions in investment accounts
  • Negligent supervision of financial advisors
  • Unapproved investments (securities not held or offered by the brokerage firm) sold by financial advisors (known as "selling away")

BREACH OF CONTRACT

  • The breach of a contract for the sale of business assets
  • The failure of an exclusive sponsor to award prizes to contest winners pursuant to a sponsorship agreement
  • The failure of a successful bidder to honor the terms of an auction contract
  • Disputes among beneficiaries concerning the entitlement to life insurance proceeds
  • The violation of non-competition and non-solicitation agreements
  • The breach of franchise agreements
  • The failure to comply with use and access agreements
  • The failure to honor the terms of forgivable loans and promissory notes
  • The breach of a contract for the sale of commercial property
  • The breach of a business lease agreement
  • Disputes involving purchase order financing

BUSINESS DISPUTES

  • Disputes among shareholders or members concerning ownership and control of a company
  • The breach of fiduciary duties owed by shareholders or members of a company
  • Disputes among shareholders or members concerning authority to act for a company
  • Disputes with suppliers and vendors concerning products and services
  • Unfair competition
  • Tortious interference with business relationships and contracts
  • The infringement, counterfeiting, and dilution of trademarks
  • The infringement of copyrights
  • False or misleading advertising

NEGLIGENCE

  • The failure of a professional to use reasonable care and skill in the course of performing work for a client
  • The failure of a firm to prevent the theft of client funds by cyberthieves
  • The failure of owners, lessors, or lessees of property to protect others from injuries resulting from dangerous conditions on property
  • The failure of a firm to properly transfer a decedent's assets to an estate or beneficiaries
  • The failure of a common carrier to use reasonable care in the transport of passengers