- Divorce
- Criminal DefenseKostelanetz LLP has long maintained a robust appellate practice in federal and state courts, and in civil and criminal matters. Our attorneys’ prior experience as Assistant United States Attorneys and public defenders—representing the government and defendants in federal and state appeals—has established a firm foundation for our appellate practice in tax and criminal matters, and it has reinforced our firm’s equally vigorous representation of clients in civil appeals in the commercial arena.
- FraudConvinced New York State prosecutors to drop tax fraud charges against a well-known investor and businessman who was investigated for alleged failure to pay millions of dollars in sales tax on purchases of art and jewelry.
- White Collar CrimesKostelanetz has been recognized by major legal ratings agencies for its white-collar defense work. The firm, overall, has been recognized by Best Lawyers™ as a Tier 1 National “Best Law Firm” in three categories, Criminal Defense – White-Collar, Tax Law, and Litigation – Tax. Additionally, Chambers USA has recognized partner Sharon L. McCarthy for Litigation – White-Collar Crime & Government Investigations – New York.
- Theft
- EmbezzlementInternal investigation of a not-for-profit affordable housing developer with respect to suspected embezzlement by an employee. Obtained evidence of embezzlement that formed basis of employee’s termination and subsequent prosecution by the Manhattan District Attorney’s Office. Recommended improvements to client’s internal policies and procedures aimed at preventing and detecting theft, waste, fraud, and abuse.
- Identity TheftIRS Commissioner Daniel Werfel issued the following warning: “People should watch out for erroneous fuel tax credit claims and the scammers that promote them... These scammers will often charge a hefty fee for these bogus claims, and participants also face the possibility of identity theft.” IR-2023-55.
- Restraining OrderInvoked the U.S. Constitution’s “dormant commerce clause” in a “Section 1983” action in the U.S. District Court for the Southern District of New York, to obtain a temporary restraining order, and then a preliminary injunction, blocking efforts by the New York City Business Integrity Commission to put a major regional waste hauling company out of business.
- Money LaunderingWe also advise clients on compliance and reporting obligations under the Bank Secrecy Act (BSA), Anti-Money Laundering (AML) rules, and Know Your Customer (KYC) requirements.
- Corporate LawBreach of contract, business tort, breach of fiduciary duty, business dissolution or “divorce,” corporate governance, unfair competition, and theft of trade secrets) to disputes involving governmental policies and decisions (
- Mergers and AcquisitionsWe have provided legal strategy and risk advice to companies considering mergers and acquisitions involving City and State contractors, and supported their “due diligence” in such transactions. The firm’s attorneys have also attended presentations to prosecutors by corporations’ criminal defense counsel to describe, on behalf of the defense, the procurement-related collateral consequences of corporate guilty pleas for government contractors and subcontractors.
- Business DisputesServed as local counsel for the Home Depot, Inc. in a putative class action seeking relief under the New York General Business Law and Uniform Commercial Code in the U.S. District Court in the Eastern District of New York.
- Business TransactionsThe transactional tax lawyers at Kostelanetz LLP combine knowledge of the law with the experience necessary to apply that knowledge to sophisticated commercial transactions, both domestic and cross-border. Our firm has a very broad range of clients: the firm assists multinational companies, mid-size entities, small businesses, and individual clients in structuring highly complex, tax-efficient transactions and strategies.
- Trade Secrets
- Unfair Competition
- AntitrustSuccessfully negotiated immunity agreements for four employees of an heir-location company being investigated for antitrust violations by the DOJ’s Antitrust Division.
- Employment Discrimination, non-compete and non-solicitation agreements), “cease and desist” letters, and claims of employment discrimination. Kostelanetz LLP handles employment-related litigation directly, and sometimes assists clients in monitoring counsel designated by insurance carriers.
- Employment ContractOur experience with employment matters is extensive. Kostelanetz attorneys help employers avoid or navigate disputes with employees, prospective employees, former employees, and competitors. The firm also provides employers and executives advice about employment contracts, breach of contract, trade secrets, employee confidentiality, restrictive covenants (
- Sexual HarassmentInternal investigation for an international, privately held company concerning sexual harassment/discrimination allegations involving a senior executive. The investigation was consistent with the Supreme Court’s employment law standards in Burlington Industries, Inc. v. Ellerth, and Faragher v. City of Boca Raton.
- Land Use and Zoning
- Estate PlanningInternal investigation of a trust and estates law firm after it was discovered that a partner had stolen from a trust fund under the firm’s supervision.
- WillsKostelanetz attorneys design estate plans that minimize income, estate, gift, and generation-skipping transfer taxes, and which also address other financial and personal objectives, such as asset protection, business succession, charitable giving, pre-immigration planning and caring for disabled family members. Our attorneys draft highly individualized wills and trusts and are proud of the ways in which they tailor their advice to a client’s unique personal needs.
- TrustsMany of the firm’s cases are highly complex, involving international and cross-border issues, multiple jurisdictions, numerous parties, extensive documentation, parallel criminal and civil proceedings, or unusual procedural questions. Our cases often draw on the firm’s deep bench of experienced professionals who focus on specific areas of law, such as taxation, trusts and estates, and government procurement. The firm is also sometimes called on to represent clients in simpler matters, including tort litigation.
- Tax LawKostelanetz frequently advises U.S. taxpayers with worldwide income and assets, as well foreign clients with activities within the United States, regarding U.S. tax and reporting obligations. Our attorneys also serve as consultants and expert witnesses for other firms and legal, tax, and accounting professionals seeking guidance and opinions with respect to complex international tax issues. Our firm has extensive experience addressing inbound and outbound issues, foreign trusts and foundations, foreign tax credits, foreign reporting obligations, and the impact of the 2017 Tax Cuts and Jobs Act (TCJA) in the areas of transfer pricing, Global Intangible Low-Taxed Income (GILTI), and the Base Erosion Anti-Abuse Tax (BEAT).