Business & Commercial Litigation

Our founder, Jason Nardiello, has nearly 20 years of experience in commercial and business litigation. He has consistently delivered favorable results for the world’s most well-known brands, mid-sized companies, fast-growing startups, and entrepreneurs. To effectively enforce or defend our clients’ rights in litigation, we develop custom strategies for each case. One cannot use repeated methods as every case is different, and each client has distinctive needs. During our initial counseling session, we first listen to understand your business and the problems you face. We then identify potential opportunities for a fast resolution while identifying potential risks to avoid.

We handle a range of business and commercial disputes, including:

  • Contract enforcement and defense
  • IP ownership disputes
  • IP licensing
  • Civil Fraud litigation
  • Civil Conspiracy
  • Breach of Confidentiality or Non-Disclosure Agreements
  • Breach of Fiduciary Duty
  • Tortious Interference with Contractual or Prospective Business Relations
  • Business libel or disparagement
  • Unfair competition
  • Trade Secret Theft
  • Misappropriation and Passing Off


Breach of contract litigation is the backbone and the most frequent type of business dispute in the United States. Regardless of your type of business, you will eventually be involved in a dispute with another company or individual. The challenge is how to respond to the conflict, avoid litigation if possible, and, if not achievable, resolve the matter in your favor quickly to minimize litigation costs.


Another common form of business litigation is IP ownership disputes. These disputes usually concern the parties’ rights to trademarks, copyrights, patents, or trade secrets. IP rights are often registered with the government. Registration results in unique legal issues forming because registering intellectual property often provides additional rights to IP owners. These other rights need to be taken into consideration in resolving ownership disputes. We have deep experience in disputes that involve registered IP rights.

For more information on solving intellectual property ownership disputes and litigation, see our IP Litigation Services page.


Because intellectual property can be of immense value to a company or individual, licensing issues often occur. For example, an IP license agreement could require the person who has the license (the licensee) to take appropriate steps to monetize the IP, such as to use “best efforts “to sell a certain amount of product. Disputes can arise when IP owners, who license the IP, believe that the licensor has not done what they need to do to sell enough product or to provide the agreed-upon services.

Whether your company is sued for breaching a license or needs to enforce a license as an IP owner, we have considerable experience defending and enforcing clients’ rights in this area. If you think your IP license rights have been affected, please contact us for a consultation.


We are familiar with handling civil fraud litigation of all types in federal and state courts. Civil fraud is sometimes called “commercial fraud” and usually involves making a false statement or suppressing or withholding the truth when there is a duty to disclose certain information. Fraud is a serious claim because fraud can cause severe damage, and the potential liability involved in facing a fraud lawsuit is high.


Civil conspiracy occurs when two or more people collaborate to commit an act that, while it may not be criminal, still violates the law. A plaintiff may have a case for civil conspiracy if it meets the legal elements for the claim, and the conspiracy’s underlying wrong causes the damage. Civil conspiracy claims can be valuable because a plaintiff can recover damages from every participant in a wrongful act, even if a particular participant was not directly involved.

Civil conspiracy actions can be formidable tools, especially in the context of Internet defamation. For example, if two or more businesses or people conspire to harm the reputation of a competitor online, those who participated in the conspiracy can be held liable for damages. The liability could extend to companies or individuals who participated in the scheme, even if they did not make the defamatory public statements.

Breach of Non-Disclosure Agreements (NDAs)

“NDA” stands for Non-Disclosure Agreement. The purpose of an NDA is to protect a company’s confidential information when a company becomes involved with another individual or company, and there is a risk of critical information disclosure.

When it comes to NDAs, one size does not fit all. The NDA must be tailored to the particular situation. For example, an NDA to discuss selling intellectual property requires different terms than an NDA for a transaction with a vendor. Furthermore, NDAs vary depending on if they are one-way or two-way. Specifically, if only one party shares its confidential information, then a one-way NDA is appropriate. However, if both parties (or more) share information, then a multi-party NDA could be necessary.

If you think the party who signed your NDA may have violated it, you may have a breach of contract claim and the ability to collect money damages. Many times, there are additional claims that could be brought to court. These claims can include trade secret misappropriation, copyright infringement, passing off, or unfair competition depending on the situation.

Still, an NDA does not offer absolute protection. If you believe your company is the victim of an NDA breach, the burden is on you to prove the other side violated the agreement. Furthermore, you must prove that you have sustained an actual injury as a result of the disclosure.

Breach of Fiduciary Duty

We represent both plaintiffs and defendants in breach of fiduciary duty cases in federal and state courts. Breach of fiduciary claims arise when individuals in a position of trust, such as an accountant, attorney, executor, etc., violate their duties of loyalty. Individuals who have a fiduciary duty are required to act with a heightened standard of care and in the best interests of another person or company.

Breach of fiduciary duty litigation typically arises with allegations that a person, often a professional, breaches a duty it owes to others. A fiduciary has a legal or ethical relationship of trust. The law recognizes that a fiduciary duty imparts a higher standard of care and requires a certain level of loyalty.

Tortious Interference with Contractual or Business Relations

Sometimes, overreaching competitors or only someone seeking to do your company harm could disrupt a contract you have with another company or individual. Under US law, this type of wrong is known by several terms but is often recognized as “tortious interference with contractual or prospective business relations.” Under this theory, a third party should not benefit or interfere with the effort you have made to enter a contract.

Business Libel, Slander or Defamation

With the intense focus on online sales, business defamation cases have risen over the past years. Defamation is also sometimes known as libel, a disparaging written statement, whereas slander is a spoken statement. While individuals can be responsible for defamation, businesses can also find themselves accountable if the plaintiff shows that the statement (which must be false) directly affected their financial interests.

Unfair Competition

Nardiello Law PLLC represents clients with unfair competition disputes in courts around the country. Many companies will face an unfair competition problem at least once in their lifetimes. It is essential to understand how unfair competition relates to IP law’s core areas: copyrights, patents, and trademarks. With the right legal team, a company will effectively enforce its rights or defend against baseless claims of unfair competition.

For information about our Unfair Competition litigation practice, please see our page here.

Trade Secret Theft

Trade secrets are considered a type of intellectual property and can be extremely useful in protecting proprietary information. With our experience in representing some of the most well-known companies globally, we can bring our knowledge of trade secret law to clients of all sizes. We help many types of clients in trade secret litigation, from individuals accused of taking a company’s trade secrets to corporations whose former employees have departed with the company’s information, which it relies on for its competitive advantage in the market.

Please see our Trade Secret Litigation page for more information on these services, and contact Nardiello Law today!