Appellate Law
Our Florida appellate practice is highly knowledgeable about the rules governing when appeals can or must be taken, and what appellate briefs and record or appendix must contain. The information that the panel of appellate judges will review and base their decision on is limited to the appellate brief and the record from the trial court, including transcripts of the hearings or trial. Your appellate attorney must be well versed at analyzing and summarizing the trial record and presenting the information in a concise, effective way. These are unique skills and talents that you will find at our law firm. It is our responsibility, to both our clients and the appellate courts, to raise only those issues likely to persuade the court in our client’s favor. Our preparation of succinct, well-crafted briefs is exceptional, and our oral arguments are compelling.
Note that, in addition to trial verdict appeals, we handle appeals from other judgments (such as summary judgments) and orders (such as orders dismissing a case), interlocutory and administrative appeals and petitions for original writs (writs of certiorari, mandamus, prohibition, quo warranto, habeas corpus, and “all writs”).
Business & Corporate
Our firm provides comprehensive services to its corporate and business clients in the following areas:
• General corporate matters, including transactions and day-to-day counseling;
• Strategic tax counseling;
• Not-for-profit issues;
• General litigation;
• Accounts Receivables; and
• REITs & Limited Partnerships.
Tax
Schwartz Sladkus Reich Greenberg Atlas LLP provides strategic tax counseling on a full range of complex transactions, both local and cross-border, including mergers and acquisitions, corporate restructuring, real estate, complex tax shelter issues and general business planning.
Our goal is to reduce the complexities of tax law down to a set of simple decisions for our clients. We also provide personal tax planning advice.
Corporate
In addition to assisting our clients in structuring substantial transactions, we emphasize day-to-day counseling and constructive, pragmatic, business-oriented advice. Our corporate group provides services to clients in the following areas:
-Structuring new business ventures and drafting shareholder, partnership and operating agreements.
-Financing growth through mergers and acquisitions, private offerings, asset-based lending and government development bonds.
-Family businesses management, including coordination of business and trusts and estates issues in order to arrive at a succession plan.
-Contracts required in the day to day operations of businesses, including employment, consulting, confidentiality, loan, lease, and license agreements.
-Business “divorces.”
Startups & Emerging Companies
Schwartz Sladkus Reich Greenberg Atlas LLP counsels a wide variety of national and international startups and emerging technology companies in all facets of their business operations, from inception to an exit event, and everything in between. We assist our clients with the formation process, shareholder/member agreements, traditional and nontraditional financing, joint ventures, corporate governance, and protecting intellectual property. Once a business is up and running, we offer a broad range of services to facilitate the growth of the company, including real estate leasing, employment agreements, preparing and negotiating commercial contracts, service and licensing agreements, tax planning, and counseling clients on regulatory matters. Should the need arise, our seasoned litigators are prepared to represent our clients’ interests, whether as a plaintiff or a defendant, in all types of business litigation, including commercial contract disputes, intellectual property and trade secret cases, as well as complex collection matters.
General Counsel Services
Companies large and small use SSRGA to supplement a company’s existing legal team or serve as outside general counsel to those businesses without in-house counsel capabilities. Our team brings experience serving as in-house and outside general counsel and practical business insights to guide your company on day-to-day and strategic matters. Whether you are a company without in-house counsel, a company’s first general counsel establishing the legal function, or a seasoned general counsel with an in-house legal team, SSRGA will quickly learn your business and provide tailored and cost-conscious counsel across the spectrum of legal issues.
Early- and late-stage start-ups and tech companies, many operating in highly regulated industries, rely on SSRGA to provide general counsel services. We work closely with each client, developing an in-depth understanding of its business model and objectives. Relying on our “real world” experience, we provide clients with the best and most cost-effective solutions to their legal concerns. We emphasize a proactive approach that mitigates the client’s risks and eliminates issues that could lead to unnecessary problems or lawsuits. We also collaborate with our colleagues with experience in corporate, employment, and litigation, to provide the advice and counsel that clients need.
As outside general counsel, we can coordinate and oversee, among other things:
• General business, day-to-day legal and compliance issues;
• Corporate governance matters, such as participation in Board meetings and drafting minutes, development of Board charters, advice on officer and director fiduciary duties, and
preparation of corporate governance documents;
• Drafting, review, and negotiation of: software, technology, and license agreements, financing agreements, vendor and services agreements, leases, and other commercial contracts;
• Employment and human resource matters, such as employment, non-compete, trade secret, non-disclosure, and non-solicitation agreements, executive issues and compensation, employee
hiring, retention, and termination, employee handbooks; and workplace training;
• Equity program management, including drafting and administration of equity plans, drafting award agreements, and working with equity platforms,
• Contract management, developing and managing contract management processes and policies, including forms focusing on important issues for your business and processes to create
efficiency;
• Data privacy and security;
• Litigation Management, managing legal disputes and litigation on your business’s behalf, including liaising with outside counsel, drafting and reviewing legal pleadings, and
participating in settlement negotiations;
• Internal investigations on sensitive matters, managing the potential for litigation, regulatory and reputational risks;
• Regulatory and Legal Compliance, ensuring your business remains compliant with all relevant laws and regulations in its industry and geographic locations;
• Risk Management, identifying and mitigating legal risks your business could potentially face, including litigation risks;
• Strategic Advice and Counsel, providing legal insights and guidance to support your company’s growth and development;
• SEC reporting, including filing of Form 8-K, 10-K, and Forms 3, 4 and 5;
• Intellectual Property, including trademarks and copyrights;
• Supervision or evaluation of local or special counsel; and
• Special projects.
Our General Counsel trusted advisor services will work to develop, systematize, and manage processes to create efficiencies across your company and the legal function. This, in turn, will enable you to make informed decisions based on trusted legal advice on a wide range of topics, including unanticipated government investigations, inquiries and litigation, working with legal counsel who care about understanding your business and industry.
Health Care
Schwartz Sladkus Reich Greenberg Atlas LLP’s Health Care Group provides a broad range of specialized legal services to nursing homes, hospitals, managed care providers, assisted living facilities, home health care providers, and physician practices in the two general areas of management of receivables and corporate and regulatory matters.
Our health care clients range from large integrated provider groups to solo physician practices and include hospitals, nursing homes, assisted living facilities, homecare providers and physicians.
General Health Care
The counsel provided by Schwartz Sladkus Reich Greenberg Atlas LLP’s Health Care Group includes corporate and transactional matters, New York State regulatory matters, joint ventures, sale and purchase of facilities and practices, reimbursement issues, anti-kickback, anti-referral and HIPAA compliance issues, electronic medical records and financings.
Our health care attorneys have deep knowledge and experience in the issues unique to the industry, including Medicaid and Medicare reimbursement, managed care, electronic medical records, regulatory requirements, integrated delivery systems and compliance issues. We act as general counsel for many health care provider clients, handling their day-to-day needs in the following areas:
Corporate and Transactional Matters
We advise our clients on transactions from joint ventures and the sale and purchase of facilities and businesses, to structuring corporate ownership of complex health care organizations. We structure transactions and ventures for tax exempt health care providers to minimize their tax liability.
Specific services to physician practices include arranging the purchase and sales of practices in a tax efficient manner; drafting partnership and employment agreements; consulting on compliance issues for expanding elements of the practice; and general business and real estate matters.
New York State Regulatory Authorities
We assist health care clients with applications to and communications with the New York State Department of Health and Department of Education. Our efforts include Certificate of Need applications, receiverships, obtaining licenses and compliance with regulatory requirements.
Compliance
We counsel clients from single physicians to major institutional providers on compliance with Federal and State laws, such as the anti-kickback rule, the Stark non-referral rule, and HIPAA.
Financing
We assist clients in all phases of obtaining financing for existing debt and new projects. We have a wide range of experience with tax exempt bonds, local loan programs, HUD guaranteed loans and bank financing.
Discharge Planning
We represent hospitals and nursing homes throughout New York State with respect to the handling of complex discharge planning, treatment orders and other aspects pertaining to incapacitated persons. We have extensive experience in prosecuting proceedings under Mental Hygiene Law Article 81 (guardianships) and Mental Hygiene Law Article 9 (mentally ill patients in need of retention). We also represent providers on patient appeals of discharge notices before the New York State Department of Health.
Management of Receivables
Schwartz Sladkus Reich Greenberg Atlas LLP’s Health Care Group includes a practice dedicated to the management and resolution of receivables on behalf of nursing homes, hospitals, assisted living facilities and other health care providers. We combine our knowledge of Medicaid, Medicare, managed care, insurance reimbursement, debtor and creditor, contract, guardianship and estate law to pursue responsible persons, government reimbursement and third party payers to maximize recovery and minimize and eliminate receivables issues for health care providers.
The Heath Care Department has both a litigation and transactional practice dedicated solely to the management, reduction and elimination of health care providers’ receivables and receivables issues. In addition, within the Health Care practice is a fully staffed Medicaid department that addresses any and all Medicaid related issues and problems encountered by providers from the application stage through administrative fair hearings before the New York State Department of Health and Article 78 appeals.
Our attorneys regularly counsel and guide Health Care providers by providing in-service assistance to owners, operators, officers, directors and staff to review, streamline and update internal policies and procedures, as well as internal structuring, to minimize and resolve receivables issues.
Intellectual Property
Schwartz Sladkus Reich Greenberg Atlas LLP is affiliated with The Sladkus Law Group, an intellectual property law firm. The Sladkus Law Group represents a wide variety of clients in their intellectual property matters ranging from start-ups to Fortune 500 companies, including some of the largest luxury and fashion brands in the world. Their clients are located within the United States, as well as Canada, Mexico, South and Central America and throughout the UK and the European Union.
A substantial portion of their practice is devoted to clearing, securing, enforcing, and defending their clients’ trademark and other intellectual property rights in the United States, as well as throughout the world, through their extensive network of associated foreign counsel.
The Sladkus Law Group also possesses significant experience in structuring and negotiating a wide variety of IP transactional agreements – from complex license agreements to international distribution agreements.
In addition, they offer a full range of transactional and litigation legal services in the fields of trademarks, copyrights, domain names, unfair competition, trade secrets, false advertising, computer software and internet protection, licensing and brand exploitation and protection.
TRADEMARK COUNSELING AND PROSECUTION
• Worldwide Clearance and Comprehensive Trademark
• Use, Registrability and Non-Infringement Opinion
• Filing and Prosecuting Trademark Applications – U.S. and Worldwide
• Managing and Maintaining Worldwide Trademark Portfolios
• Recording Name Changes, Assignments, and Security Interests with USPTO
ANTI-COUNTERFEITING
• Recording Trademark and Copyright Registrations with U.S. Customs
• Devising and Managing Anti-Counterfeiting Strategies
• Coordinating Seizure and Authenticity Verifications with Clients and U.S. Customs
• Coordinating Destruction of Counterfeit Goods with Clients and U.S. Customs
• Coordinating Federal Anti-Counterfeiting Cases with Various Attorney General’s Offices
LITIGATION, TRADEMARK ENFORCEMENT, AND DISPUTE RESOLUTION
• Evaluating Alleged Infringements and Enforcement Counsel in Drafting Demand Letters and Responses to Demand Letters
• Drafting and Negotiating Coexistence Agreements
• Prosecuting and Defending TTAB and Foreign Opposition and Cancellation Actions
• Prosecuting and Defending State and Federal Trademark Infringement and Unfair Competition Actions
• Prosecuting False Advertising and Copyright Infringement Claims
• Prosecuting and Defending Related General Business Disputes
IP TRANSACTIONAL
• Conducting IP-Related Due Diligence for Mergers/Acquisitions
• Drafting and Negotiating License Agreements
• Drafting and Negotiating Software Development and Licensing Agreements
• Drafting Web Site Terms of Use Agreements and Privacy Policies
• Conducting Intellectual Property Audits
COPYRIGHT COUNSELING
Investigations and White Collar Criminal Defense
SSRGA’s attorneys have helped clients with numerous significant U.S. and cross-border investigations and white-collar matters. Our former government enforcement officials assist clients with internal and government investigations, regulatory compliance, and, where necessary, white collar civil and criminal defense. Clients turn to us for defense in criminal investigations, parallel regulatory investigations, shareholder litigation, state attorneys general actions, licensing inquiries, asset freeze and forfeiture proceedings, civil false claims and qui tam suits. Our lawyers regularly assist clients with grand jury investigations and response to subpoenas relating to white collar crime.
We have represented both companies and individuals in investigations and proceedings conducted by federal and state agencies including the U.S. Department of Justice (DOJ), the Securities and Exchange Commission (SEC), the Serious Fraud Office (SFO), the U.S. Drug Enforcement Administration (DEA), the U.S. Federal Bureau of Investigation (FBI), the Financial Industry Regulatory Authority (FINRA), and others. For our clients based or doing business in the United States, we advise on compliance and enforcement issues under the Foreign Corrupt Practices Act (FCPA), the False Claims Act (FCA), the Real Estate Settlement Procedures Act (RESPA), the Investment Company Act of 1940, the Investment Advisers Act of 1940, the Securities Act of 1933, the Securities Exchange Act of 1934, Sarbanes-Oxley, and the USA PATRIOT Act, among others.
Using first-hand knowledge of how government agencies conduct investigations and prosecutions, our lawyers ensure that clients navigate the necessary processes successfully, avoiding problems and missteps along the way. Our lawyers have led investigations and compliance in the following areas:
• Insider Trading, market manipulation and other securities fraud
• Health care fraud and abuse
• False claims, qui tam litigation, and other whistle-blower claims
• Anti-corruption
• Money laundering, counter-terrorist financing and Bank Secrecy Act
• Trade secrets theft and economic espionage
• Cybersecurity
• Fraud (including accounting fraud, investment advisor fraud, financial crime, government procurement fraud, insurance fraud, mail and wire fraud, and securities fraud)
• Environmental crimes
• Antitrust and competition
• Customs, exports and economic sanctions
• Racketeer Influenced and Corrupt Organizations (RICO) laws
In addition to advising clients in connection with active government investigations and litigation, our attorneys also conduct internal investigations for corporate boards and committees on issues such as whistleblower allegations, improper conduct by officers and director and misuse of shareholder funds, and help our clients to draft compliance programs to proactively minimize the possibility of future issues.
Whether you are a company, a Board, an individual, or a pool of individuals responding to allegations, a government inquiry or subpoena, facing investigations or criminal prosecutions, or have been the victim of fraudulent activity, we can help.
Crisis Management & Strategic Response
A crisis can dramatically disrupt daily operations, compromise reputation, and affect the future of your company. Crises can come in many forms, ranging from a lower-than-expected earnings report, investor activism, a workplace scandal, an employee complaint, a founder dispute, the denial of regulatory approval, a product recall or a data breach. SSRGA brings the broad experience to effectively manage the wide range of potential repercussions: criminal investigations, whether federal, state, or overseas; bet-the-company litigation; congressional or regulatory investigations; and relentless media scrutiny. Led by a former Assistant United States Attorney, our Crisis Management & Strategic Response team has the flexibility to assemble the right team, the skills to devise an overarching strategy and defense, and the insights to give practical advice for every significant legal, reputational, and operational issue that arises.
We bring the skills and expertise to develop comprehensive and multidimensional strategies that address the interplay among high-stakes civil litigation, government investigations, the glare of political scrutiny, and public relations and reputation management. We work with you to create crisis management plans, conduct internal audits to assess vulnerabilities and existing protocols, and ensure that the proper procedures and resources are in place.
Labor and Employment Law
Schwartz Sladkus Reich Greenberg Atlas LLP maintains a comprehensive labor and employment law practice, providing employers of all sizes, including local manufacturers, landlords, private equity investors, residential and commercial developers, cooperative and condominium boards, international corporations, not-for-profits and religious and charitable institutions, with representation in courts and before federal, state, and New York City administrative agencies. Thus, we typically:
● Advise cooperative and condominium boards (and their managing agents) on union matters, employee discipline, unfair labor practices, sexual and other forms of harassment and the negotiation of employment agreements with superintendents and resident managers;
● Draft and revise employee handbooks to ensure their compliance with ever-evolving regulation and legislation;
● Counsel employers on federal and state wage and hour issues, and, where required, litigate cases in various courts;
● Working collaboratively with transactional counsel, advise private equity investors and developers on the labor and employment issues attendant to the purchase or sale of residential and commercial properties;
● Advise employers with respect to, and draft both employment and severance agreements;
● Create and deliver training presentations for supervisors to ensure compliance with a myriad of employment issues, including New York-mandated sexual harassment training; and
● On a regular basis update employers on new legislation potentially affecting their operations.
Litigation
Our litigation group handles complex litigation and arbitration for plaintiffs and defendants in a number of business areas such as corporate law, real estate, contracts, business torts, partnership disputes and dissolutions, shareholder disputes, corporate management, limited liability companies, consumer protection, trusts and estates, construction and debtor-creditor relations.
We are experienced in every phase of the litigation process, from early planning through trial and appeals at every level. We are devoted and aggressive advocates who understand our clients’ business needs and strive for practical settlements of disputes in our clients’ best interests.
Real Estate Litigation
The attorneys in our Real Estate Litigation Group practice before State and Federal Courts, and arbitration tribunals and administrative agencies, on behalf of clients including cooperatives and condominium associations and their boards, as well as homeowner associations, developers, tenant associations and individuals. Our Real Estate Litigation practice covers all aspects of litigation — from the initial filing of a summons to the ultimate prosecution or defense of an appeal, and all discovery, motion practice, and trial work in between.
We regularly litigate real estate claims involving construction defects; contract and ownership disputes; the liability of officers and directors of our cooperative and condominium association clients; representations made in cooperative and condominium offering plans; disputes with unit owners and tenants, sponsors and neighboring building owners; mortgage and mechanic’s lien foreclosures; mold growth and proliferation; Board elections; insurance coverage; housing discrimination; employment issues; the Cooperative and Condominium Abuse Relief Act; withdrawal from the Mitchell Lama Program, among others.
On behalf of real property owners and cooperatives and condominium associations, we have litigated against construction contractors and professionals, as well as sponsors and their principals, in connection with defective construction of improvements, building systems, in buildings across New York City. We have also successfully prevented continuing nuisances by neighboring building owners by residential and commercial tenants and unit owners involving noise, odors, smoke, signage, throwing of refuse out of windows, vandalism, sale of merchandise in front of a building, and the encroachments on or over portions of our clients’ buildings.
We are also frequently called upon by our clients’ insurers to defend claims commenced against them.
We maintain an open line of communication with all of our clients, both at the outset and throughout the pendency of a case. This insures that we, as attorneys, fully understand the factual nuances of the case and the clients’ goals.
We strive to provide legal services that are expeditious and cost-effective: our clients appreciate the frank advice we provide to them about the potential costs of their matters, and the fact that we staff each matter with the attorney or attorneys best qualified to handle the matter, at our lowest hourly rate.
Commercial
Our commercial litigation group handles complex litigation and arbitration for plaintiffs and defendants in a number of business areas such as corporate law, real estate, contracts, business torts, partnership disputes and dissolutions, shareholder disputes, corporate management, limited liability companies, consumer protection, trusts and estates, construction and debtor-creditor relations.
We are experienced in every phase of the litigation process, from early planning through trial and appeals at every level. We are devoted and aggressive advocates who understand our clients’ business needs and strive for practical settlements of disputes in our clients’ best interests.
Matrimonial & Family Law
Unfortunately, more than half of all marriages end in divorce, causing personal upheaval and emotional trauma to everyone involved. When a couple divorces, there are usually significant economic issues to be resolved, including distribution of property acquired both before and during the marriage. When there are children, appropriate child support obligations and custodial rights have to be addressed. When there is a disparity in a divorcing couple’s income and assets, spousal maintenance rights and obligations must also be addressed.
We provide zealous representation coupled with compassionate counseling, both before and after couples marry, regarding prenuptial agreements, separation, divorce, child custody, visitation, children’s rights, child support, spousal maintenance (also known as alimony), and the valuation and distribution of marital assets. While we strive to assist our clients in amicably resolving all issues that arise to minimize emotional fallout, if all settlement prospects have been exhausted and litigation is necessary, our skilled trial lawyers with over 30 years’ experience have successfully and cost-effectively handled all phases of matrimonial litigation, including complex divorce actions, custody disputes and any appeals that may ensue.
Not-for-Profit
Our not-for-profit clients include complex health systems, religious organizations, advocacy groups, political organizations, social service organizations, schools, publishers, cemeteries and private foundations. We provide them with sophisticated legal services on issues specifically relating to their tax-exempt status. Our representations include:
• Restructuring complex not-for-profit systems to achieve tax and operating efficiency and regulatory compliance.
• Counseling on joint ventures and mergers.
• Creating and implementing compliance programs and best practices.
• Obtaining tax exempt status for a wide range of exempt purposes.
• Representing clients in obtaining tax exempt financing, including tax exempt bonds and government guaranteed loans.
• Counseling organizations subject to specific laws and regulations, including religious corporations, cemeteries and Mitchell-Lama housing facilities.
• Structuring compensation and deferred compensation arrangements, including the use of Rabbi Trusts and compliance with IRS intermediate sanction rules.
• Obtaining property tax exemptions.
• Obtaining required court and New York State Attorney General’s Office consent for the sale of assets, and mergers and dissolutions of not-for-profit organizations.
• Advocating for not-for-profit organizations that are being investigated by the New York State Attorney General’s Office.
Probate Administration
Probate is the court process of administering the decedent’s estate by distributing the appropriate assets to proper beneficiaries while keeping in mind the claims of creditors. Assets that were individually owned by the decedent at the time of death are included in the estate. Assets jointly titled with another person, assets with a pay on death beneficiary and assets held in the name of a trust may not pass through probate. Probate can take six months to years depending on the complexity of the estate and court’s docket.
There are two primary forms of probate: formal administration and summary administration. Formal administration is required when the decedent is deceased for two years or less, and the value of the probate estate exceeds $75,000. Summary administration is required when the value of the entire probate estate in Florida, less the value of exempt property, does not exceed $75,000, or the decedent is deceased for more than two years.
For residents of the State of Florida, probate is conducted in the county where the decedent died, which is known as domiciliary probate. For non-residents of the State of Florida, probate is conducted in the county in which the decedent owned real property, which is known as ancillary probate.
A personal representative should be represented by an attorney because even simple probates or small estate can have complicated legal issues. Our firm represents personal representatives and/or beneficiaries through the probate process. When representing personal representatives, we assist in the collecting and preserving of estate assets, corresponding with creditors, publishing notice to creditors and making distributions to beneficiaries. Probate can be time consuming and costly. Therefore, we recommend that our clients set up an estate plan that is designed to avoid probate such as a properly funded trust. Contact one of our experienced estate planning & probate attorneys today.
Real Estate
In keeping with our commitment to provide a full range of services to our clients, Schwartz Sladkus Reich Greenberg Atlas LLP has a comprehensive real estate practice, which encompasses representation of clients in the acquisition, sale, financing, leasing, development, restructuring, syndication and management of commercial and residential properties throughout the United States. In addition, we have one of the largest practices in the New York Metropolitan area representing cooperative corporations and condominium associations. The Firm also has a comprehensive litigation practice that covers all facets of real estate matters ranging from construction litigation to landlord/tenant matters. Our comprehensive knowledge of the real estate industry is coupled with a solid understanding of the complex laws that affect it, and, in particular, the Federal, State, and City income tax consequences associated with the acquisition, operation and disposition of real property. Over the past 20 years, members of the Firm have been involved in virtually every type of real estate transaction, such as:
● Representation of developers of some of New York’s most prestigious and successful condominium conversions;
● Representation of property owners in connection with multi-million dollar loan workouts;
● Representation of purchasers and sellers of shopping centers and office buildings throughout the United States;
● Representation of landlords and tenants in retail and office leasing transactions;
● Representation of over 300 cooperative corporations and condominium associations, ranging in size from four units to 15,000 units;
● Representation of both Boards and shareholders/unit owners in proxy fights to maintain or gain control of Boards of cooperatives and condominium associations;
● Negotiation of joint venture and LLC agreements and mergers and acquisitions relating to real estate;
● Representation of Mitchell Lama and HDFC cooperatives in the operation of their properties and their relationships with their supervising agencies;
● Representation of owners and cooperative corporations in connection with the dissolution of Mitchell Lama housing companies;
● $465 million financing and reconstruction of one of the largest housing cooperatives in the United States;
● $230 million financing and reconstruction of the Parkchester North and South Condominiums; and
● Representation of the tenant association in connection with the conversion to condominium ownership of the 1,250 unit Rupert Yorkville Towers, and later handling the closing of over 300 apartments during a six week period;
Real Estate Transactional
Our Real Estate Transactional group has experience in all forms of real estate transactions including representation of clients in: the acquisition, disposition, and exchange of commercial and multi-family properties; ground, office, retail and master leasing from both the landlord and tenant perspectives; transferable development (air) rights sales and purchases, and zoning and land development agreements; permanent, mezzanine, leasehold, wraparound and construction financing for lenders and borrowers; construction and development agreements; the conversion of existing rental, vacant, or rehabilitated properties to cooperatives, condominiums, homeowners associations and timeshares; workouts of troubled loans; and general operating issues for both commercial and residential properties. The Transactional Group’s diverse experience and the firm’s supporting Corporate and Tax Departments enable us to structure transactions in a manner calculated to maximize our clients’ return.
The Transactional Group has handled the acquisition and disposition of office buildings, apartment houses and shopping centers, financings ranging in size from half a million to half a billion dollars, leasing of commercial, retail and office space (on behalf of both landlords and tenants), representation of developers of numerous major buildings along with sponsors of conversions of some of New York’s most prestigious and successful condominium developments.
Real Estate Litigation
The attorneys in our Real Estate Litigation Group practice before State and Federal courts, and arbitration tribunals and administrative agencies, on behalf of clients including cooperatives and condominium associations and their Boards, as well as homeowner associations, developers, tenant associations and individuals. Our Real Estate Litigation practice covers all aspects of litigation — from the initial filing of a summons to the ultimate prosecution or defense of an appeal, and all discovery, motion practice, and trial work in between.
We regularly litigate real estate claims involving construction defects; contract and ownership disputes; the liability of officers and directors of our cooperative and condominium association clients; representations made in cooperative and condominium offering plans; disputes with unit owners and tenants, sponsors and neighboring building owners; mortgage and mechanic’s lien foreclosures; mold growth and proliferation; Board elections; insurance coverage; housing discrimination; employment issues; the Cooperative and Condominium Abuse Relief Act; and withdrawal from the Mitchell Lama Program, among others.
On behalf of real property owners and cooperatives and condominium associations, we have litigated against construction contractors and professionals, as well as sponsors and their principals, in connection with defective construction of improvements and building systems in buildings across New York City. We have also successfully prevented continuing nuisances by neighboring building owners and by residential and commercial tenants and unit owners involving noise, odors, smoke, signage, throwing of refuse out of windows, vandalism, sale of merchandise in front of a building, and the encroachments on or over portions of our clients’ buildings.
We are also frequently called upon by our clients’ insurers to defend claims commenced against them.
We maintain an open line of communication with each of our clients, both at the outset and throughout the pendency of a case. This insures that we, as attorneys, fully understand all of the factual nuances of the case and the clients’ goals as they may evolve during the course of the litigation.
We strive to provide legal services that are expeditious and cost-effective. Our clients appreciate the frank advice we provide to them about the potential costs of their matters, and the fact that we staff each matter with the attorney or attorneys best qualified to handle the matter at our lowest hourly rate.
Cooperatives/Condominiums
We have one of the largest and most respected cooperative and condominium practices in New York State, representing over 300 buildings. Our collective expertise and experience over the past 30 years enables us to advise our clients in a comprehensive and efficient manner. Given our experience, there is virtually no cooperative or condominium issue that we have not encountered. The Firm routinely handles mortgage refinances, credit line loans, leases, discrimination and construction claims and environmental issues. Our attorneys regularly attend Board and annual meetings to ensure the proper conduct of those meetings and the election processes and to provide practical guidance to our Board clients for the effective management of the meetings, as well as avoiding disputes and litigation with shareholders or unit owners.
Landlord & Tenant
Schwartz Sladkus Reich Greenberg Atlas LLP’s diverse real estate practice includes representation of both landlords and tenants in both residential and commercial lease disputes. Our Firm regularly appears in Housing Court and Supreme Court on behalf of our numerous cooperative and condominium clients on a broad range of landlord/tenant issues, including non-payment of maintenance and common charges, objectionable conduct, unauthorized construction, illegal sublets, unauthorized pets, and noise and odor disputes. We also represent individual shareholders and unit owners in a wide variety of disputes with their cooperative and condominium boards, as well as tenant associations in litigation with their landlords. In addition to our substantial cooperative and condominium client base, we represent numerous developers, real estate companies and other property owners, and regularly handle litigation on behalf of commercial and residential tenants and various governmental agencies including the Environmental Control Board, the New York City Department of Housing Preservation and Development, and the New York State Division of Housing and Community Renewal.
At Schwartz Sladkus Reich Greenberg Atlas LLP, we are dedicated to providing each of our clients with the benefit of our substantial knowledge and experience and to giving individualized attention to each matter entrusted to us for our clients’ success.
Startups and Emerging Companies
SSRGA counsels startups and emerging companies of all sizes, as well as the venture capital partners and other institutional partners that finance the entrepreneurial ecosystem. With lawyers who have served as in-house and external general counsel to start-ups of all shapes and sizes, SSRGA speaks the language of entrepreneurs and is uniquely positioned to guide them through all facets of their business operations, from inception to an exit event, and everything in between. We assist our clients with the formation process, shareholder/member agreements, traditional and nontraditional financing, joint ventures, corporate governance, and protecting intellectual property.
We meet our clients where they are. From the ground up, emerging growth companies must formulate a business plan, assemble the right management team, and secure the funding needed to establish, execute, and expand the business. SSRGA is a trusted partner each step of the way, providing advice through all stages of clients’ development in order to assist entrepreneurs, executives, and directors as emerging growth companies expand into thriving businesses. With real-world experience under our belts, SSRGA provides tailored, cost-conscious legal and strategic counsel at the earliest stages. We help clients navigate cutting-edge legal and regulatory issues, as well as day-to-day legal and strategic tasks, to support and fuel growth for our clients. Just as emerging companies are constantly innovating and pushing the envelope, we are constantly innovating to support their developments.
Once a business is up and running, we offer a broad range of services to facilitate the growth of the company, including employment agreements, preparing and negotiating commercial contracts, service and licensing agreements, real estate leasing, tax planning, and counseling clients on regulatory matters. Should the need arise, our seasoned litigators are prepared to represent our clients’ interests, whether as a plaintiff or a defendant, in all types of business litigation, including commercial contract disputes, intellectual property and trade secret cases, as well as complex collection matters.
In particular, some of the services we provide to startups and emerging companies are to:
• Identify the best choice of entity and business formation
• Craft effective equity incentive plans to align the interests of founders, employees, and advisors
• Draft and negotiate friends and family, angel, venture capital, and private equity financing transactions
• Craft proactive approaches to employment and consulting agreements
• Draft and negotiate licensing and other technology transactions
• Deliver strategic product counseling to help manage and eliminate the regulatory risk associated with building consumer and enterprise technology products
• Provide legal and strategic advice for a wide array of regulatory matters
• Guide companies throughout their life cycles on governance matters, including founder disputes and nuanced issues of corporate control
Trusts & Estates
Our attorneys are recognized leaders in the trusts and estates field. We serve the varying needs of individual clients, corporate clients, foundations, and estates and trusts in administration. Although our practice is conducted at the highest level of legal sophistication utilizing the latest cutting edge technology in both the preparation of wills and trusts and the planning and administration of estates, our emphasis is on the practical aspects of estate planning and administration.
Our main goal is maximizing the financial benefits to our clients in a cost-effective manner. To that end, one of our primary areas of focus is on estate and income tax savings, both for our clients and for their heirs. Our experience encompasses the active planning and administration of large and often complicated resident and non-resident New York and Florida estates.
Our specialized support staff enables us to deliver all required administration services in-house, including estate and fiduciary tax planning, tax return preparation and fiduciary accounting, which results in significant savings for our clients – in both time and money.
Our department frequently works with the Firm’s real estate department in the sales of personal residences and the transfer of residences to trusts. We also have extensive experience in adversarial matters such as will contests, contested fiduciary accountings, and other types of estate litigation. When the need arises, we coordinate with our litigation department, which provides additional support and is experienced in handling trusts and estates litigation.