Antitrust and Trade Regulation
Our firm has had a substantial antitrust practice since the early 1970s. We have successfully defended industry leaders in Sherman 1 and Sherman 2 cases and have protected small businesses against anti-competitive conduct by larger competitors. Additionally, we offer consultation and litigation services regarding Hart-Scott-Rodino compliance, mergers and acquisitions, price discrimination, price fixing, bid rigging, monopolization, concerted refusals to deal and unfair business practices. We have successfully counseled and represented a wide array of small and large businesses in mergers and acquisitions, joint ventures, and litigation. Our clients have come from many industries, including convention services, health care, manufacturing, aviation and energy.
Banking and Credit Transactions
We represent both lenders and borrowers in secured and unsecured financing transactions, including asset-based, middle-market, real estate, business and private banking transactions. We are experienced in structuring, negotiating, and documenting term loans and revolving credit facilities, and securing those loans and credit facilities with various types of collateral. We have assisted our clients in financing transactions in a wide variety of industries, including convention services, health care, manufacturing and real estate. We also assist our clients in workouts and restructurings of troubled loans. Our understanding of both the lender’s and borrower’s perspective allows us to provide our clients with a unique insight on developing strategies for complex finance transactions.
Business and Commercial Litigation
Our litigation practice covers areas as diverse as the clients we serve. We practice at trial and appellate levels before state and federal courts and in arbitration. Our litigation experience encompasses the business aspects of all types of litigation, including antitrust, general business problems and employment issues. Employment issues include noncompetition covenants, real property (including commercial landlord-tenant), partnership and corporate governance disputes, director and officer liability, trade secrets, commercial litigation, and collections. We also have substantial experience representing trustees in bankruptcy and receivers in litigation to recover assets and pursue the claims of the businesses in their care.
We represent creditors, creditors' committees, trustees and debtors in bankruptcy proceedings. We also pursue creditor's rights for our clients by negotiating and documenting workout arrangements, including collateralization of those arrangements. We have substantial experience in complex matters relating to bankruptcy proceedings and creditors' rights and have prosecuted and defended a vast number of such claims, with very favorable results for our clients. When necessary, we obtain relief through foreclosure or litigation, and we appear before the local bankruptcy courts on almost a daily basis.
Corporate; Business Planning; Mergers and Acquisitions
We represent clients in a wide variety of business and commercial transactions. We offer representation on the formation, governance, maintenance and dissolution of all forms of business entities, including corporations, limited liability companies, joint ventures, limited and general partnerships, limited liability partnerships, professional associations, professional corporations and nonprofit corporations. We also advise clients concerning state and federal securities laws and represent clients in private equity financings. Our services include representing clients in securities litigation and arbitration. Drawing on our breadth of experience, we use a team approach to assist our clients in working through the many legal issues they face in today's business environment.
Employment and Compliance
We represent and advise employers in all areas of employment law and employment-related issues, including negotiating and drafting employment contracts, executive compensation arrangements, stock option and stock ownership plans, severance agreements, employee manuals, contractor agreements, confidentiality and nondisclosure agreements, noncompetition and nonsolicitation agreements, and employee policies. In addition, we provide general counsel regarding compliance with federal and state employment laws, as well as employer defense of all types of claims and disputes involving employment discrimination, sexual harassment, payday laws and wrongful termination.
We assist clients on a wide range of environmental matters, including:
- Due diligence for corporate and real estate transactions
- Compliance counseling
- Underground and aboveground storage tanks
- Solid, hazardous, pharmaceutical and medical wastes
- Lead paint
- Oil and gas wastes and due diligence in oil and gas transactions
- Environmental audits
- Endangered species
- Environmental disclosures, including Securities and Exchange Commission environmental disclosure statements and disclosure to various governmental agencies
- Drafting and negotiating access agreements, confidentiality agreements and consulting agreements with environmental consulting firms
We represent and advise physicians, dentists, optometrists, ambulatory surgical centers, medical spas, other health care providers and management services organizations regarding a variety of health care transactional and compliance matters. Our clients include professionals who are just starting their own practices as well as large, well-established physician groups and other health care providers. We advise our clients on business and operational matters and compliance with health care laws, including fraud and abuse, the Stark Law, Anti-Kickback Statute, HIPAA and HITECH Act, False Claims Act, and state fraud and abuse privacy laws.
We also act as outside general counsel for health care providers, assisting them in responding to day-to-day operational and compliance matters and negotiating and drafting agreements for their transactions.
We advise clients regarding the protection of their intellectual property and represent them in litigation regarding claims of infringement of trade secrets, copyrights, trademarks and patents, and unfair competition. We also represent clients who license intellectual property, either as licensors or licensees, as well as assist clients with trade name and trade dress issues.
We are experienced in all aspects of commercial real estate, including acquisitions and dispositions, contracts of sale, leases, development of commercial properties, construction, architect contracts, environmental issues, mortgage lending, foreclosures, landlord-tenant rights and remedies, and title, survey and environmental due diligence. We assist clients in forming limited liability companies, limited partnerships and joint ventures to acquire, develop and operate real estate projects, and in financing acquisitions of real property. We also represent property owner associations, real estate management and leasing companies, brokers, and other professionals who provide real estate-related services.