. Ain & Stein, LLC

Commercial Disputes
Michael M. Ain
Gary A. Stein

The lawyers of Ain & Stein, LLC are experienced in all phases of dispute resolution for business clients, including litigation, arbitration and mediation.

  1. COMMERCIAL DISPUTES:
    • Commercial Litigation
    • Arbitration and Mediation of Disputes
    • Business Torts
    • Breach of Contract
    • Breach of Fiduciary Duties
    • Contract Interpretation Disputes
    • Specific Performance of Contracts
    • Insurance Disputes and Collection of Insurance Benefits
    • Tort Litigation involving Damage and Injuries to Employees
    • Disputes among Owners, Partners and Joint-Venturers
    • Injunctions
    • Construction Disputes
  2. BUSINESS TORTS:

    Ain & Stein's related experience in personal injuries, products liability, accidental injuries, claims arising from trauma, defective equipment and motor vehicle accidents makes the firm uniquely qualified to advise companies and corporations in safety procedures and policies and to provide legal services to the officers, directors and employees of businesses.

    • Product Liability
    • Negligent or Intentional Misrepresentation
    • Fraud
    • Conversion/Theft
    • Malicious Prosecution, Abuse of Process and Frivolous Law Suits
    • Interference with Contract
    • Slander and Libel
    • Patent Protection
    • Interference with Employment Relationships
  3. BUSINESS ORGANIZATIONS:
    • Sole Proprietorship: This is the simplest form of business organization. It is easily transferable. However, it does not protect the owner from personal liability.
    • General Partnership: This is an association of one or more persons to carry on a business for profit. Its form and function are governed by statute in Maryland and D.C. and/or by the agreement of the partners.
    • Limited Liability Partnership (LLP): The hallmark of an LLP is personal liability protection under some circumstances.. A filing is required with the government.
    • Joint Venture: This is a venture of 2 or more persons or companies to carry out a single transaction or a specified series of transactions for profit. It is subject to statutory requirements in addition to the agreement between or among the venturers.
    • Limited Partnership: This type of organization is designed to encourage investment in a business by those who do not wish to assume full partnership responsibilities and liabilities. It is governed by statute and contractual agreement. The limited partners of the partnership require a general partner who does not have the benefit of limited liability, and limited partners may lose limited liability protection if they participate in management.
    • Corporation: This is an entity existing only by operation of law and possessing those properties which its charter confers upon it. It is an independent entity which can enter into contracts in its own name and can transact business in its own name. The corporation is liable for its acts; its owners, the shareholders, are not liable if the corporation is properly formed and operated. Another significant advantage of this type of business organization is that it can confer tax free benefits to its employees.
    • C and S Corporations: These are similar business organizations; however the C Corporation's distributions to shareholders are double-taxed as dividends; the S Corporation's distribution are not treated as dividends; the profits and losses flow directly to the shareholders similar to a partnership.
    • Limited Liability Company (LLC): This is an unincorporated business association formed by its members. The members have no personal liability for the debts of the LLC; it is treated like a corporation for liability issues and taxed like a partnership. The difference between an LLC and a partnership is that a member of an LLC may participate in management without losing limited liability protection.
  4. REPRESENTATIVE CASES:
    • After the death of their father, a brother and sister inherited a famous liquor store and became involved in a dispute about how the brother managed the business.
    • A husband was employed in his wife's very successful government contract business. When the marriage deteriorated, he told some of her clients that she was dishonest, and suit was brought against him in the District of Columbia for slander and tortuous interference in contractual relationships.
    • When a commercial building owner replaced its flat roof, a leak developed, damaging the leasehold of one of the tenants.
    • A man contracted to purchase a restaurant, and after he spent a substantial funds in renovations and advertising, the owner locked out the buyer and refused to close the deal. The buyer obtained a substantial settlement during litigation.
    • A night club owner was sued when a patron was injured in a fight on the premises.
    • A family purchased a home and two days after taking occupancy discovered that the sellers had failed to disclose a serious leak beneath the master bathroom shower.
    • Partners in a business discovered that a partner stole more than $600,000 from them.
    • The owner of a business fired an incompetent employee who then counter-sued the owner for breach of contract.
    • A contractor accepted money for a residential remodeling job, completed a portion of the work improperly and then skipped town.
    • The owner of a business discovered that a business in another state was using the name of his business.
    • A company needed an injunction to stop one of its shareholders from taking the proceeds of a business loan for himself.
    • An officer in a business left to start his own business in a nearby town despite a non-compete clause in his contract.
    • When a law firm broke-up, the partners fought over the accounts receivable, who deserved the fees from work in progress, and the meaning of certain provisions in their partnership agreement.
    • We obtained a constructive trust on proceeds of a foreclosure sale on behalf of our client after property was foreclosed upon without the knowledge of one of the
    • owner's of the property.
 
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