Practice Areas
Mediation and Alternative Dispute
Resolution
Mediation,
Early Neutral Evaluation, and Arbitration are Alternative
Dispute Resolution
(ADR) tools that courts and litigants
sometimes favor to
resolve litigation without resort to a trial. Frequently, state and
federal courts order litigants to participate in alternative
dispute
resolution as a condition to trial. Mediation is a process in which
litigants discuss their positions with a mediator who seeks to find
common ground on which a settlement might be achieved. Mediation cannot
compel the litigants to settle. Whether court ordered or by agreement
of the litigants, mediation succeeds in resolving many cases before
trial thereby saving the litigants the cost and uncertainty of a trial.
By comparison, arbitration can be a binding or non-binding resolution
of litigation without a trial. In court ordered arbitration, the
decision of the arbitrator becomes final and binding if not appealed to
the court. On the other hand, if the arbitration occurs by agreement of
the litigants the result is typically binding and final.
In
addition to representing our clients in Alternative Dispute Resolution
proceedings, our attorneys are trained in the role of both mediator and
arbitrator. They are available for appointment as either mediator or
arbitrator or neutral evaluator.
Business
and Commercial Transactions
We
offer our clients full service in all aspects of business and
commercial transactions. We provide our services to meet our clients'
unique needs. For example, we will provide counsel in negotiating a
transaction or, if requested, we will participate. Consistent with our
mission statement, we seek to let our clients decide the extent of our
participation in a transaction. In addition to providing counsel in
negotiations, we will draft or review instruments, assist in due
diligence, and obtain any and all needed ancillary professional
assistance for the transaction.
Business
and Commercial Litigation
We
are experienced litigators in the federal and state courts and in
federal and state agencies. We believe that our clients should never be
asked to expend their resources in litigation frivolously. We believe
that litigation should be
undertaken only with
a view to prepare the
case for trial and to proceed to trial if necessary.
At the
outset of all litigation, we meet with our clients to discuss and agree
upon a strategy
and the tactics needed to implement it. We will draw on our experience
to develop a budget for the litigation and possible opponent driven
contingencies that may occur. We will keep you keenly involved in the
progress of the litigation because we know that its outcome and cost
are important to you and your business.
Matters for
which we offer litigation representation include:
Breach of
Contract
Lost
Profits
Business
Torts
Fraud
Unfair
Competition
Employment
Covenants
Share
Transfer Restrictions
Injunctions
Enforcement
of Judgments
Employment
Matters
We also
provide litigation services in financial services and real estate
matters that are discussed
in their respective section.
Financial
Services Litigation
We offer
financial services litigation to our banking and financial institution
clients who become
engaged in predatory lending litigation or administrative compliance
matters. Our
attorneys are experienced in this unique arena that includes:
Loan
Origination and Servicing Litigation
Title Issue
REO
Disposition
RESPA
TILA
Mortgage
Fraud
Identity
Theft
FDCPA Fair
Credit Reporting Act / FACTA
State
Consumer Protection Acts State Consumer Collection Practice Acts
Mortgage
Compliance
Loan
Workouts
Ordinance
and Code Violations
Contested
Evictions -Tax Lien Issues
Judgment
Lien / Title Issues
PHRC
Complaints and Other Administrative Agency Matters
Any Other
Origination, Servicing, Mortgage or Foreclosure Challenges
Appellate
Law
Often,
litigation does not end with a verdict or judgment. Prosecuting and
defending against appeals are as much a
part of litigation as are
trials. We have extensive experience in all aspects of the appellate
process in the federal and state
courts in evaluating the merits of
appeals and in briefing and arguing them.
Because
the appellate process typically does not allow the introduction of
evidence as in a trial, a careful and realistic evaluation of the law
as applied to the verdict or judgment is essential before undertaking
or defending against an appeal. We believe that evaluation is critical
to success in the appellate courts. We will evaluate independently any
verdict or judgment brought to us for review and provide you with our
opinion of the merits of the appeal. Upon completion of our review, we
will develop a mutual plan to prosecute or defend against the appeal.
We will prepare and file all needed papers and briefs and argue the
case before the appellate tribune.
Creditors'
Rights
We
provide our clients with the fullest protection of their rights as
creditors as provided by law. In the bankruptcy courts we limit our
practice to representing only creditors in all matters within their
jurisdiction. Also, we represent creditors in proceeding involving
secured collateral, and its preservation and recovery in foreclosure,
repossession, and other proceedings. Our services include all aspects
of REO issues, title and priority disputes. We will initiate and
prosecute actions to collect loans and receivables.
Loan
Workouts on Behalf of Creditors
As
an integral part of our practice protecting creditors and their rights.
we have participated in thousands of loan work outs. We believe that we
have the valuable experience needed to navigate in this emerging,
evolving and uncertain arena. We provide workout and restructuring
services before, during and after bankruptcy proceedings.
Real
Estate
Our real
estate practice provides full services in all areas of real estate,
commercial and residential,
from its acquisition and development to its disposition
including:
Review and
drafting of sales agreements
Review and
drafting of leases
Review and
drafting of financing instruments 
Due
diligence and related matters
Title
review and clearance matters
For our
banking and institutional clients our real estate services include:
Initiation
and prosecution of judicial foreclosures
Deficiency judgments
Judicial
sales
Mortgage
servicing issues
All real
estate litigation matters
Mortgage
Banking - Financial Services
Representing
banks, lenders, mortgage brokers, loan servicers and other financial
institutions has long been a part of our practice. In addition to
day-to-day operations issues, our attorneys regularly give advice on
commercial and residential lending, workouts of troubled loans and
collection of defaulted loans, including retrieving loan security from
bankruptcy proceedings. We have also handled bank sales, mergers, and
acquisitions as well as assisting financial services clients with the
formation of holding companies and obtaining required regulatory
approvals. Our attorneys also have in-depth knowledge and experience in
complex mortgage loan trusts, and routinely advise clients concerning
their rights and obligations under the Pooling and Servicing Agreements
for these trusts.
Our
attorneys also practice in complex civil lending litigation with
particular emphasis in the areas of consumer and mortgage finance law.
We have extensive experience in bank and mortgage company licensing and
regulatory compliance, including compliance with and litigation
concerning the Truth in Lending Act (TILA), Real Estate Settlement and
Procedures Act (RESPA), Fair Credit Reporting Act (FCRA), Fair Debt
Collection Practices Act (FDCPA), Fair Housing Act (FHA), Home Mortgage
Disclosure Act (HMDA) and other related consumer finance and lending
discrimination statutes at the state and federal level.
Our
financial services clients range from local banks to regional and
national institutions, mortgage and other lenders, mortgage brokers and
mortgage servicers. Whatever the needs of a lender, bank, servicer or
other financial institution, we have the experienced attorneys to
provide knowledgeable representation.
Business
Formation, Transfer, Merger and Acquisition and Dissolution
We
assist our clients in all phases of business matters from the creation
of the business, its transfer or merger, its acquisition of other
businesses and, sometimes, its dissolution.
In
creating a business our clients need advice whether to form a
corporation, limited liability company, partnership or sole
proprietorship. We work closely with their accountants and financial
advisors to select the most effective form for their individual needs.
In appropriate situations, we ate able to refer them to accounting and
financial professionals who can provide their expertise.
Often,
our clients encounter opportunities that require selling their
business, merging it into another entity or acquiring another business.
In those instances we counsel them in all aspects of the transaction
including negotiation, instrument preparation, and closing while
working with their accounting and financial professionals to structure
the transaction to achieve the best outcome possible.
Occasionally,
a client finds it necessary to wind down and dissolve the business. We
provide all legal services necessary to properly and effectively
accomplish that goal.
While it is
not possible to list all of the services we provide in this practice
area, some are:
Entity
Selection
Administrative
Filings and Proceedings
Licensing
By-Laws,
Operating Agreements, Partnership Agreements
Contract
Drafting and Review
Mergers,
Acquisitions, and Sales
Dissolutions
Employment
Agreements
Non-Compete
Agreements
Share
Transfer Restrictions
We also
provide litigation representation as noted in the litigation section.
Estate
Planning and Administration
Wealth
preservation and transfer is vitally important. We offer our clients
estate planning services to maximize the preservation of their wealth.
We work with their accountants and financial professionals in
structuring an estate plan tailored to their individual needs.
We offer
estate administration services to facilitate prompt compliance with all
probate, fiduciary
and tax laws. We believe that the administration of an estate should be
completed
as quickly as circumstances permit. We will work closely with your fiduciaries
to accomplish that goal.
Commercial
and Residential Title and Settlement Services
For our
institutional clients we offer title and closing services for purchase
money and refinance
mortgages. We provide these services on an as needed basis at locations
convenient
to the parties. In addition, if requested, we will prepare instruments
and secure
title insurance.
