WCV’s litigation practice is focused on business and commercial litigation. At WCV, you have attorneys concentrating on business and commercial law issues. Our litigation practice is primarily focused in the below listed areas of law. Please contact us if you have any questions about our Firm and the legal services we offer.
Commercial Mortgage Foreclosures
WCV has represented both mortgagors (borrowers) and mortgagees (lenders) in state foreclosure proceedings involving commercial real estate, including hotels, industrial property, development property, and undeveloped land. WCV has represented large and medium sized mainland real estate opportunity funds and private capital funds holding senior and junior mortgages in judicial foreclosure proceedings. WCV has experience representing second lien lenders and protecting junior mortgagee rights, and representing parties to intercreditor and subordination agreements. WCV has experience litigating motions to expunge lis pendens. WCV has represented both lenders and borrowers in proceedings seeking and opposing the appointment of a receiver of assets.
Lender and Borrower Disputes
WCV has experience representing both lenders and borrowers in loan disputes. WCV practices in the areas of lender liability litigation, breach of fiduciary duties, usury, Truth in Lending Act, Fair Debt Collection Practices Act, and unfair and deceptive practices.
Commercial Lease Disputes
WCV has represented both lessors and lessees in commercial lease disputes. WCV’s practice includes representing both lessors and lessees in matters including: summary possession actions, rent and rent trust fund disputes, rent arbitration, security deposit and letter of credit disputes, non-monetary defaults, and assignments and subleases.
Purchase and Sales Disputes and Real Property Disputes
WCV has provided representation in disputes arising from the purchase and sale of businesses including litigating issues involving fraudulent inducement, valuation, and breach of contract. WCV has provided representation in disputes arising from real estate sales transactions involving a variety of issues including forfeiture of deposits, letters of intent, options to buy, breach of contract, specific performance, easement by necessity, statute of frauds and partial performance, and escrow depository liability.
Collections (Claims & Defense) & Judgment Collection
WCV has extensive experience representing creditors and debtors in collection matters whether the matter involves preparing a demand letter or notice of default, the filing of a lawsuit to collect an unpaid invoice, or executing on an unsatisfied judgment. WCV has experience in domesticating foreign or sister state judgments in the State of Hawaii for further judgment collection. WCV has filed and defended lawsuits for breach of contract, unjust enrichment, alter ego (piercing the corporate veil), fraud, and other common law claims. WCV has litigated collection claims to judgment and has experience in judgment collection efforts including registering foreign judgments, judgment debtor examinations, garnishment (account and wage), writs of execution, and sales. WCV also has experience in pre-judgment attachment proceedings.
Fraudulent Transfer Litigation
WCV has in-depth experience prosecuting and defending claims of fraudulent transfer under Hawaii’s Uniform Fraudulent Transfer Act, i.e., Haw. Rev. Stat. § 651C, and under Section 548 of the Bankruptcy Code. WCV has prosecuted and defended claims of actual fraudulent transfer, constructive fraudulent transfer, and insider fraudulent transfer. Among other issues, WCV has litigated issues related to the “safe harbor” for good faith transferees, remedies of creditors, and the statute of limitations under the Hawaii Uniform Fraudulent Transfer Act.
Business Torts, Business Disputes, and General Litigation
WCV has experience representing companies, corporations, limited liability companies, officers, directors, shareholders, members, and partners (limited and general) in disputes that may arise in connection with the operation, management, and control of a business. WCV has represented parties in business-asset valuation disputes, actions for accountings, and derivative actions. WCV also has experience both prosecuting and defending torts that may arise in a business setting including fraud, negligent misrepresentation, breach of fiduciary duty of loyalty and care, piercing the corporate veil, successor liability, conversion, intentional and negligent interference with contractual rights, and conspiracy.
WCV also has experience in a broad range of general litigation matters including contract disputes, construction litigation matters, trust litigation, unfair and deceptive acts and practices, etc.