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

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 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

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