What We Do

  • The lawyers in our complex business litigation and arbitration practice have decades of experience acting on behalf of both corporations and individual clients across a broad range of industries.

    Our complex commercial litigation practice group routinely represents clients in a wide variety of subject matter areas, including contract, business tort, corporate governance, partnership, product liability, internal corporate investigation, banking, securities, financial services, intellectual property, construction and real estate disputes.

    Our lawyers appear not only in state and federal courts across New York, New Jersey and Connecticut, but we also arbitrate cases both in the U.S. and internationally. Such experience includes arbitration matters before the American Arbitration Association, FINRA, JAMS, the International Court of Arbitration (ICA), and the London Court of International Arbitration (LCIA), to name some examples.

    MBK&K prides itself on providing our clients with cost-effective solutions to complicated business disputes, taking into account both the economic realities of the dispute and the clients' business models.

    Our lawyers consult with our clients about their specific business goals and we stake out a litigation strategy from the earliest stages of any dispute.

    We advise our clients about the costs and risks of pursuing litigation versus a negotiated resolution of the particular matter, so that we can put our clients in the best position for a successful outcome.

    The Firm's clients have immediate access to attorneys with substantial experience negotiating and, if necessary, litigating disputes on behalf of some of the largest national and international companies.

    From the outset of your case, we are prepared to try the matter before a jury, judge, or arbitration panel.

    Whether you are an individual, a start-up company with limited exposure to litigation, well-established business enterprise, or a global company well-versed in the nuances of complex commercial litigation, MBK&K has the knowledge, ability and resources to offer its clients innovative, cost-effective, and results-oriented strategies and solutions to their commercial and business disputes.

  • The lawyers at MBK&K, headed by partner Mike Komar, have decades of high profile, complex insurance coverage experience, including the representation of many of the largest international and national insurance carriers.

    We provide all aspects of insurance coverage and litigation services, and pride ourselves on offering innovative and cost-effective solutions to our clients.

    Our attorneys have an intimate, working knowledge of the insurance laws and judicial decisions governing this area of practice, coupled with a keen understanding of industry practices.

    The firm’s experience is based on years of working closely with carriers and their representatives in responding to claims and significant legal developments in this ever-changing field.

    Over the years, our Firm has served as lead counsel on a significant number of high profile coverage cases involving environmental, asbestos/silica/mixed-dust, construction defect/latent property damage, product liability and GL/premises liability claims.

    In addition, we routinely act as co-counsel and local counsel with other firms on claims and multi-jurisdictional matters.

    This work includes all facets of declaratory judgment actions, mediation, arbitration, appeals, contribution and subrogation claims, and negotiations related to coverage-in-place, cost-sharing, site release and policy buy-back agreements.

    We also have extensive experience handling insurance coverage disputes involving bad faith, first-party property, broker liability, reinsurance, and bankruptcy claims.

    Some examples of the coverage issues we have addressed include:

    • Duty to defend

    • Recoupment of defense costs

    • Lack of fortuity

    • Trigger of coverage

    • Allocation

    • Number of occurrences

    • Other insurance/priority of coverage

    • Drop down/underlying carrier insolvency

    • Pollution exclusions

    • Owned property exclusions

    • Late notice

    • Failure to cooperate

    • Pre-tender costs

    • Voluntary payments

    • Non-cumulation/anti-stacking of limits

    • Named insured/successor liability

    • Additional insured rights

    • Business risk exclusions

    • Professional services exclusions

    • Mold exclusions

    • Lack of covered damages

    • Deductibles and SIRs

    • Misrepresentation

    Our breadth of coverage experience is demonstrated by the wide array of cases we have handled for carriers over the years involving litigation with some of the nation's most well-known policyholder law firms.

    These cases range from property damage claims related to contaminated manufacturing, waste disposal, landfill, MGP, utility, petroleum refinery and storage, and dry cleaning sites, personal injury claims involving manufacturers, distributors and installers of asbestos-containing and other hazardous materials, to defect claims against owners, developers, architects, engineers, builders and subcontractors of public works, condominium, hotel, office tower, parking garage, and mausoleum projects.

    As a result, the Firm is well-versed in the variety of policy forms utilized through the years, has taken and defended hundreds of fact witness and expert depositions, has argued numerous discovery, in limine and dispositive motions, and has interviewed countless drafting committee, underwriting, claim and loss control personnel.

    MBKK prides itself in our ability to quickly assess the strengths and weaknesses of the claims and defenses in insurance coverage matters at the earliest stages and we have negotiated dozens of early resolutions and dismissals of cases that lack merit.

    In the event that coverage matters proceed through the entire litigation process, our team has the experience to prepare and take these cases to trial.

    Most importantly, we have a proven track record of achieving significant results and successes for our insurance carrier clients, resulting in a numerous decisions dismissing claims against them.

    With offices located in Westchester, Manhattan and Central New Jersey, MBKK is positioned to represent clients throughout the tri-state area, as well as in other jurisdictions including Pennsylvania, Connecticut, Massachusetts, Minnesota and beyond.

  • Giving the breadth of the Firm's litigation experience, MBK&K is routinely retained by insurance companies to defend their insureds in connection with a variety of bodily injury and property damage claims.

    These include personal injury claims, toxic tort cases, premises liability claims, product defect actions, construction defect suits, and statutory, common law and contractual indemnification claims.

    Our clients include not only individuals and small businesses, but also regional and national companies facing claims implicating their automobile, homeowner's, business liability, CGL, and other liability and property coverages.

    The attorneys at MBK&K have defended multiple actions involving slip and fall, toxic tort (including asbestos, silica, lead paint, mold, mercury, and radio-isotope exposure), product defect, labor law, scaffold law and work-site accident, and environmental claims.

    Our professionals have the knowledge, experience and track-record of success that makes MBK&K a proven leader in this field.

  • In our employment law practice, we represent both employers and employees in prosecuting and defending employment litigation disputes before state and federal courts, and before arbitration panels.

    Our matters include cases alleging discrimination based on race, gender, religion, national origin, physical or mental disability, age, and sexual orientation.

    Our attorneys also advise executives and other highly compensated individuals in negotiating, developing and reviewing their employment contracts and compensations plan arrangements in industries as varied as financial services, new media, health care, and entertainment. We have represented such individuals when joining companies and when leaving companies, including negotiating severance arrangements and litigating or arbitrating breach of employment agreements and wrongful discharge.

    Highly compensated individuals are also often employers of household staff, nannies and drivers. We assist our clients in developing employment contracts and confidentiality agreements with their employees and counsel them on compliance with wage and hour and discrimination laws to prevent claims for failure to pay overtime, wrongful discharge, and discrimination. Should it become necessary, we are fully prepared to defend our clients against benefits allegedly due to employees.

  • Given the breadth of its expertise, and its intimate knowledge of the local courts, MBK&K is frequently called upon to serve as local counsel to national and international law firms that do not have New York or New Jersey offices.

    Our attorneys are intimately familiar with local court rules and procedures in state and federal courts, as well as with the judges and magistrates in those courts. During their numerous years of practice, our lawyers have cultivated relationships with members of the local bars and are familiar with the intricacies of practice in New York and New Jersey courts.

    Based on its own experience and expertise, MBK&K is able to share advice and insight concerning strategy on litigating cases to a successful conclusion. In its role as local counsel, MBK&K also attends hearings and other court conferences, keeps national and international counsel apprised of case developments and upcoming deadlines and assists counsel in seeking pro hac vice admission.

    MBK&K would welcome the opportunity to assist you in meeting your client's needs by sharing MBK&K's expertise that it has amassed over the years in representing corporate and individual clients in a wide variety of complex disputes.

  • At Menz Bonner Komar & Koenigsberg, LLP, we represent whistleblowers in False Claims Act or Qui Tam Lawsuits.

    These cases involve claims by private citizens, or "relators," who have discovered that a fraud has been perpetrated against the federal government or a state or local entity.

    Our lawyers have over thirty years of experience in these cases and have successfully represented whistleblowers in cases nationwide. David Koenigsberg heads our whistleblower practice group and has had great success in investigating and exposing financial fraud on government entities, gaining significant recoveries on behalf of the government, and securing a share of such recoveries for whistleblower clients.

    In connection with our qui tam litigation practice, MBK&K is intimately familiar with and has litigated cases involving a wide variety of whistleblower statutes and claims, including the following:

    • False Claims Act

    • United States and State Law False Claims Acts

    • Qui Tam Lawsuits

    • Health Care Fraud

    • Medicare Billing Fraud

    • Medicaid Billing Fraud

    • Stark Law Violations

    • Nih Grant Fraud

    • Defense Contractor Fraud

    • Not for Profit Institution Fraud

    • Higher Education Grant Fraud

    • For-Profit College Incentive Compensation Fraud

    • Government Contractor Fraud

    • New York State Tax Fraud

    • Pharmaceutical Fraud

    • IRS Tax Fraud

    If you believe that you have information about a fraud on the United States or a State or Local Government Entity, contact the firm at (914) 949-0222.