- GuardianshipWhen disputes concerning estates, trusts or guardianships arise, Anderson Kill’s litigation services come to the fore. We represent corporate and individual executors, personal representatives, administrators, guardians, trustees and beneficiaries, both in court and in negotiations, with a view to forging cost-efficient results for our clients. At times this requires collaboration with Anderson Kill’s litigation department. On those occasions when only a trial will resolve an issue, our attorneys have the courtroom experience to litigate such matters.
- Fraud
- MisdemeanorsBy way of background, the definition of the crime of falsifying business records requires in relevant part that the defendant, acting with the intent to defraud, make or cause a false entry to be made in the business records of an enterprise; the crime is elevated from a misdemeanor to a felony when the intent to defraud “includes an intent to commit another crime or to aid or conceal the commission thereof.”
- Identity TheftDetermine what data is affected and what risks result -- e.g., inoperability of computer systems, identity theft (from customers, employees, others), theft of trade secrets, liability to injured parties, government penalties, reputational damage
- Money Laundering
- Corporate LawAnderson Kill is a full-service corporate law firm best known for its work in insurance recovery. The firm represents policyholders only in insurance coverage disputes, and its freedom from ties to the insurance industry gives it a competitive advantage in defending the rights of policyholders. Anderson Kill's practice areas work closely together, and the firm's expertise in insurance recovery lends an added dimension to the work of many of its other practices.
- Mergers and AcquisitionsOur corporate tax professionals advise on corporate mergers and acquisitions, venture capital investments and vehicles, leveraged buyouts, bankruptcy restructurings and reorganizations including issues such as cancellation of debt, stock-for-stock and debt-for-stock exchanges, and change of control and affiliated party transactions. We have experience with partnership and limited liability company formation and operation and the domestic taxation liability of foreign entities doing business in the United States. The international practice focuses on the tax consequences and structuring of foreign investments by U.S. persons, controlled foreign corporations, and other foreign investment vehicles.
- Business Disputes
- Limited Liability Companies
- Construction ContractsBut Anderson Kill’s experience in the restaurant, retail and hospitality industry goes beyond insurance coverage. Our Restaurant, Retail and Hospitality Industry Group attorneys routinely assist clients with needs relating to real estate and construction, bankruptcy, executive compensation, litigation, finance and a wide range of corporate issues. Our specific experience providing legal services to companies in the hospitality industry ranges from the routine — such as negotiating construction contracts — to the extraordinary — such as litigating a multi-million dollar insurance coverage case arising out of severe hurricane damage to an international resort and acting as insurance counsel to the world’s largest chain of casual dining restaurants.
- Trade Secrets
- Intellectual PropertyAnderson Kill’s Intellectual Property attorneys regularly work with the full range of intellectual property issues and problems for a broad cross-section of domestic and international clients.
- Unfair CompetitionAnderson Kill has considerable experience in litigating cases involving unfair or fraudulent business practices. The definition of "unfair competition" is flexible and always evolving, as are Anderson Kill's services. Our goal is to protect our clients' business interests through both the prosecution and defense of unfair competition and intellectual property-related lawsuits. In addition to litigation, Anderson Kill routinely advises clients regarding compliance with state and federal unfair competition laws.
- Antitrust2. Representation of companies and individuals in grand jury investigations, indictments and multiple civil litigations. Represented Korean defendants in the Landmark ADM private treble damage, civil and criminal conspiracy litigations. In Re Amino Lysine Antitrust Litigation, MDL No. 1083, C.A. No. 95 C 7679 (ND Ill.; U.S. v, Ajinomoto Co., Criminal No. 96-CR-00520 (ND Ill.).
- Employment LitigationWe have experience representing clients both domestically and internationally in a number of areas, including insurance coverage, employment issues, contract and commercial disputes, construction matters, financial – investor/broker disputes, trademark.
- Real Estate LitigationWe have broad experience assisting clients in the formation and representation of general and limited partnerships and limited liability companies for all types of transactions including investment partnerships, funds, and real estate matters. We also provide advice on conversions of partnerships into limited liability companies. We have deep qualifications in joint venture transactions, formation of investment groups with respect to merger and acquisition transactions, restructuring, refinancing, and reorganizations.
- Construction LitigationAnderson Kill's Construction Disputes and Construction Insurance Disputes Industry brings together talented attorneys from several allied legal fields to provide legal counsel and representation for a host of complex real estate and development-related issues. Transactional services include acquisitions, dispositions, construction, land use, and financing of commercial, industrial, residential and retail projects. We also handle restructurings, reorganizations and workouts, and provide risk management services as well as insurance coverage counsel. Dispute resolution services include advice as to how to avoid litigation. Where disputes are inevitable, we provide representation in arbitration, mediation, and litigation in court.
- Real Estate TransactionsAnderson Kill's corporate tax practice is broadly diversified and has substantial experience in both domestic and international tax planning (including employee benefits and ERISA). The firm's corporate tax attorneys and professionals work closely with other practices include corporate, insurance recovery, bankruptcy and restructuring and real estate in planning and structuring transactions from federal, and state tax perspectives, and in structuring litigation settlements and the tax aspects of real estate transactions.
- Easement
- Land Use and ZoningWe act as advisors though the entire leasing process. We can explain how and why your lease is affected by a myriad of rules and regulations you may never have conceived of, including, by way of example, collective bargaining agreements between landlords and their employees. We also advise with respect to the impact of zoning and land use regulations on anticipated use of the property.
- Property DamageThe restaurant, retail and hospitality industry relies on insurance coverage to protect against an enormous range of risks, from bodily injury claims to devastating property damage, to crime and even dreaded bedbug claims. At Anderson Kill, we combine our firm’s expertise in analyzing and obtaining coverage with our specialized knowledge of the restaurant, retail and hospitality industry to maximize coverage for our clients.
- Estate PlanningWe assist and advise executors and administrators on all aspects of estate administration which we recognize can be a complex and even alien process. This includes shepherding clients though the probate and administration process, preparing estate tax and fiduciary income tax returns, and the completing of the judicial or non-judicial settlement of the executor’s account of proceedings. When requested, we assist with the fiduciary’s debt-paying obligations, marshaling and valuing the decedent’s assets, the distribution of such assets pursuant to the decedent’s estate plan or to the laws of intestacy, and with all other aspects of estate administration. Advising trustees, including individuals, banks, and trust companies, on the varied tasks involved in administering trusts is another central component to our practice. At times, due to family circumstances, our attorneys are asked to serve as executors or trustees in clients’ estate plans.
- WillsWe assist clients in building their estates and planning for the transfer of property to beneficiaries in ways that minimize income, gift, and estate taxes. We advise clients on asset protection techniques. Central to our practice is the preparation of wills, revocable and irrevocable trust agreements, specialized trusts for personal residences, life insurance and other lifetime gifts, charitable trust and foundation instruments, family limited partnership documents, shareholder and operating agreements, instruments for the sale, gift or testamentary transfer of property at discounted values, powers of attorney, health care proxies, living wills, and other documents tailored to achieve our clients’ objectives.
- TrustsAnderson Kill’s Wills, Trusts and Estates professionals plan estates, administer trusts and estates, advise clients on personal tax and wealth management issues, and resolve related disputes through negotiation or litigation. These are personal and sensitive areas requiring dedication, discretion and a keen understanding of the laws as they apply to our clients’ needs. We handle such important matters creatively and comprehensively. Our domestic and international clients include highly compensated and moderate to high net worth individuals, business owners, and families whom we have represented for generations. We advise our clients on methods of accumulating, managing, and preserving wealth, as well as on its tax-efficient disposition during life and upon death. Our attorneys provide custom-tailored approaches to our clients’ needs, ranging from simple to very sophisticated plans. We also represent individuals, banks and trust companies as executors and trustees in all aspects of estate and trust administration, work that frequently requires collaboration with attorneys in other Anderson Kill practice areas, such as real estate, corporate and litigation.
- Power of Attorney
- Probate
- BankruptcyWe represent institutional and private investors, funds, brokers, and dealers with the structuring, negotiation, documentation, and closing of secondary market transactions in the securities of financially distressed companies and in the claims against private and public companies in the United States and abroad that have sought protection under applicable bankruptcy, insolvency, and liquidation laws. We advise clients on securities laws issues, contractual transfer restrictions, foreign and domestic tax regulations, treatment of claims in plans of reorganization and liquidation, bankruptcy law issues and related investment risks and other considerations. The transactions executed by our claims trading attorneys have involved equity interests, limited partnership interests, foreign and domestic bank debt, Euro and domestic commercial paper, lease rejection claims, and other trade creditor claims.
- ForeclosureOur attorneys have represented many clients in disputes arising out of checks and payments under Articles 3 and 4 of the Uniform Commercial Code, enforcement of defaulted loans, mortgage foreclosure proceedings, lender liability litigation, and other commercial disputes. We also offer substantial experience in guiding clients through Attorney General investigations and regulatory investigations. Our litigators and trial lawyers are experienced in all types of financial services litigation and alternative dispute resolution and have a strong track record obtaining successful outcomes in court as well as in arbitration and mediation.
- Tax LawOur tax practitioners assist clients with income tax planning and prepare all types of federal and state tax returns for individuals, estates, trusts and business entities. We also represent taxpayers in federal and state audit and appeals proceedings and in all other forms of tax disputes both on a federal and state level, including representation in the U.S. Tax Court and in several district courts.
- Debt CollectionWe assist clients in areas such as business organization; capitalization and operations (including contractual arrangements with employees, management and independent contractors, investment banking and financial advisors); supply, distribution and dealership agreements; SEC and antitrust regulatory compliance (including environmental laws); stock incentive and other compensation plans; transfer of family assets; corporate tax planning; licensing of technology, intellectual property and other proprietary rights and license negotiations and acquisition of patents and patent applications; investor and banking relationships; voting and other stockholder agreements; duties and liabilities of officers and directors; and debt collection.