Breach of Contract
Almost every commercial interaction is governed by some form of contract, either written or oral, express or implied. Contracts can govern a single transaction or a business relationship lasting decades and can involve matters as ordinary as cell-phone service to something as unique as a trade secret. A breach can occur when one party fails to perform a promise it made in the contract, or when it interferes with the other party’s ability to perform. We have helped clients with all manner of contracts, including some recent cases involving:
- Insurance coverage
- Sales and marketing
- Management services
- Airplane repairs
- Sale of real estate
- Non-disclosure of trade secrets
- Non-competition or non-solicitation by former employees
- Inter-corporate transactions
Class / Collective Actions
Cohen Rosenthal & Kramer LLP handles class action and collective action lawsuits against some of the country's largest corporations. A class action lawsuit allows one person or a small group of people to sue on behalf of hundreds, thousands, or hundreds of thousands of people with similar claims. Because there is strength in numbers, class actions give victims of wrongdoing the opportunity to fight powerful opponents on equal footing. A class action may concern an employer's refusal to pay overtime to all of its employees, or a bank's practice of charging the same excessive fee to all of its customers. There are countless other examples.
Various factors come into play in deciding whether a case qualifies as a class action:
- Are there enough people affected by the unlawful practice to warrant a class action?
- Do the claims of all class members share common legal and factual issues?
- Are the claims of the individuals bringing the lawsuit typical of those of all other class members?
- Can the law firm and the individuals bringing the case adequately represent the class?
Contact CRK if you think that you have a potential class action or collective action claim.
Employment Discrimination / Wrongful Termination
The lawyers of Cohen Rosenthal & Kramer LLP are dedicated to ensuring equal rights for all. We represent employees who have experienced discrimination based on: Sexual Orientation, Disability, Race, Gender, National Origin, or Religion.
Both state and federal law make it illegal for employers to discriminate in various aspects of employment, including hiring, promotion, job assignment, wrongful termination, compensation, and different forms of harassment. Federal and state statutes comprise the body of these employment discrimination laws, although the U.S. Constitution and various state constitutions also provide measures of protection against bias in employment. If you feel that you have been the victim of discrimination, you should know your legal rights and speak with an employment discrimination lawyer.
Lawyers must do their work in accordance with a standard of care. If they do not, clients may sue for malpractice to recover any damage suffered as a result. Legal malpractice may involve a lawyer's handling of a business or corporate matter, representation in a lawsuit, or representation in a personal matter. Cohen Rosenthal & Kramer LLP has served as counsel to victims of legal malpractice in a broad array of cases.
Securities Litigation and Arbitration
Cohen Rosenthal & Kramer LLP handles a wide range of securities litigation, both in court and in arbitration. Cases have involved stocks, mutual funds, options and other derivatives, annuities, and various other types of securities. Representative claims include the following:
- Securities Fraud, where investors are misled about the securities they are buying.
- Suitability of Investments, where brokers or financial advisors recommend or sell securities that are not appropriate for the investor's needs or circumstances.
- Churning or Excessive Commissions, where brokers orchestrate a high volume of trading in an investor's account solely for the purpose of generating commissions.
- Misconduct by Broker or Financial Planner, where an investment professional acts negligently in performing his duties or puts his own financial or monetary interests above those of his client.
- Securities Broker Employment Disputes, where investment advisors pursue claims against their employers, or respond to claims that their employers bring.
The shareholders in a corporation, the partners in a partnership, the members of a limited liability company all possess rights, and in some cases, owe special duties. For entities large or small, whether for-profit or not-for-profit, for owners of a single share or a majority or shares, we have extensive experience resolving disputes over:
- Access to information
- Voting rights
- Misconduct by majority owners
- Breach of fiduciary duty
- Dissenting shareholders’ rights
- Misuse of company property
- Termination of employment
- Conduct of director, trustee or shareholder meetings
- Breach of contract
- Corporate governance
Subprime foreclosures have wreaked havoc in Cleveland and across the nation. The epidemic has displaced homeowners, ravaged cities, and depleted the life savings of individuals whose investments were based on the underlying mortgages. Cohen Rosenthal & Kramer LLP has been at the forefront in representing victims of the subprime fallout.
Wage and Hour Disputes
Cohen Rosenthal & Kramer LLP fights wage theft, helping workers get the pay they are owed. We fight to get you backpay plus all penalties and damages allowed by law. We handle Fair Labor Standards Act (FLSA) overtime and minimum wage claims, as well as other state law wage claims. We also represent employees who have been misclassified as exempt from overtime or miscatagorized as independent contractors. CRK represents employees working throughout the U.S. We regularly sue multinational and Fortune 500 companies. We handle class actions, collective actions, individual cases and arbitrations. We have recovered millions of dollars in pay wrongfully taken from employees.
The cases we see most often involve:
- Misclassification as exempt from overtime
- “Off-the-clock” work
- Improper overtime calculation methods
- Failure to pay compensable time (travel, donning/doffing, on-call, training)
- Minimum wage violations
- Failure to provide meal and rest breaks
- Improper wage deductions
- "Charge backs”
- Improper classification as independent contractor