Family Law

• Child Support
  The pendente lite support determination failed to follow the dictates of Domestic Relations Law § 236(B)(5-a); it did not set out a calculation of appropriate child support and did not discuss or mention the factors in § 236(B)(5-a)(c)(2).  By calculating the guideline amount and then simply adding the direct mortgage payment on top of that, the motion court awarded more than the amount reached by the formula, without providing the required explanation.
• Child Custody and Visitation
• Adoption
• Guardianship
  JPM Securities v. Vigilant Insurance Co.: moot court for case argued successfully in NY Court of Appeals; broker-dealer brought claim based on SEC settlement of claims

Criminal Law

• Fraud
  Healthcare Fraud: Participants in the healthcare industry face potentially devastating consequences when faced with allegations of fraud and abuse. We represent entities and individual clients in healthcare fraud investigations brought by a wide array of governmental agencies, including the SEC, DOJ and New York Attorney General’s office, as well as exchanges and self-regulatory organizations.

Business and Corporate Law

• Corporate Law
  Corporate Governance: The board and its directors are often the primary target of creditors and shareholders in a distressed situation. The Bankruptcy group provides a team of senior partners to advise boards of directors, special committees, audit committees, independent directors, chief executive officers, and other members of senior management with respect to their fiduciary duties and obligations to, or exposures in connection with, financially troubled companies or acquisition targets. We also regularly meet with management and in-house counsel to provide updates on the law and discuss best practices.
• Mergers and Acquisitions
  The healthcare industry has seen an increase in private investment capital and a resurgence in M&A activity and consolidation. The pace of innovation in the wellness space – an economy projected to grow to $7 trillion in 2025 – has created opportunities for strategic investors and financial sponsors to enter the market through mergers and acquisitions. With this growth and evolution comes the need for improved data privacy and security practices and a thorough understanding of increasingly complex state and federal privacy and security laws.
• Business Disputes
  Another of our litigators acts as a mediator and arbitrator in business disputes, and has obtained millions of dollars in arbitration awards for her clients in cases involving real estate, valuation, partnership/shareholder, post-acquisition, insurance, securities, employment, and construction.
• Business Transactions
  Morrison Cohen represents top-tier leveraged buyout and private equity firms, fund sponsors and fund investors, investment and merchant banks, other financial institutions, emerging early- and growth-stage companies and established domestic and international businesses in a wide range of financing, securities, capital markets, mergers and acquisitions and other commercial transactions, as well as ongoing day-to-day representation, advice and counseling.
• Trade Secrets
• Intellectual Property
  Our attorneys have appeared before both federal and state appellate courts to appeal cases across a wide range of practice areas and industries, including general and complex commercial and business; complex securitizations involving residential backed mortgage securities, lending, and finance; intellectual property disputes; contract, fraud, insurance, and real estate controversies; employment-related matters; high-end matrimonial disputes; and all aspects of bankruptcy.
• Unfair Competition
  Fred’s clients span a broad spectrum of industries, including entertainment, fashion, sports, high-tech, software, academic, media, publishing, marketing, financial, industrial and consumer products. Fred is a trusted advisor to his clients regarding virtually all IP-related matters and is highly knowledgeable regarding trademark, trade dress, copyright, unfair competition, trade secrets, false advertising, defamation, patent, antitrust, licensing, entertainment/artist/literary rights, publicity/privacy rights, software and internet/website issues.
• Antitrust

Employment Law

• Employment Discrimination
  Labor & Employment: We structure and implement employment agreements, employee and HR policies, and non-compete provisions and provide training regarding policies that prohibit workplace harassment and employment discrimination. In addition to mitigating employment-related risks, we effectively negotiate disputes and defend our clients’ claims in court. During the COVID-19 pandemic, our team counseled employers regarding vaccines, mask mandates and public health and safety measures in the workplace, and continues to advise on the latest protocols.
• Employment Contract
  Executive Compensation & Employee Benefits: Our lawyers represent clergy and staff of religious institutions and other nonprofits. We advise clients on all aspects of the relationship between employer and employee, including designing and implementing incentive compensation plans; drafting and negotiating employment agreements, separation agreements and restrictive covenant agreements; and establishing and maintaining employee stock ownership plans (ESOPs).
• Employment Litigation
  We represent leading hotel operators, luxury brands, developers, institutional and foreign capital investors, lenders, special servicers, and gaming and leisure companies in a full range of real estate, corporate, labor and employment and financing matters. Whether it’s addressing employment issues related to running a 24/7 business, expanding into new markets or financing hospitality ventures, we are your one-stop shop for legal services.
• Severance Agreement
  Represents employers and employees in various industries, including financial services, regarding counseling and negotiating employment and severance agreements as well as confidentiality and other restrictive covenants.
• Sexual Harassment
  Labor & Employment: We work hand in hand with our clients’ corporate and HR teams to understand their business objectives and resolve the complex legal and employee-relations challenges they face on a day-to-day basis. We structure and implement employment terms based on a unique understanding of the market, draft and negotiate agreements that keep our clients competitive for obtaining the best talent, draft employee policies and procedures to protect businesses from compliance issues, and craft restrictive covenant agreements to deter employees from being disloyal and safeguard the business, as well as provide training regarding policies that prohibit workplace harassment, retaliation and discrimination in any form. In addition to regularly mitigating employment-related risks and protecting brands, we effectively negotiate disputes and vigorously defend our clients’ interests in courts and arbitration forums throughout the country in connection with various employment issues, including wage and hour, discrimination, sexual harassment and contractual claims.

Property Law

• Real Estate Litigation
  For over four decades, Joe has been regularly representing debtors, committees, creditors, shareholders, trustees, and financial institutions on all levels of the capital structure in all transactional and litigation aspects of bankruptcy cases, prepackaged Chapter 11 cases, Subchapter V cases, Section 363 sales, out-of-court restructurings, workouts, and buyouts in jurisdictions throughout the United States. He serves as counsel in senior loan facilities, debtor-in-possession financings, second lien financings, and mezzanine debt loans on both the lender and company side. He counsels buyers and sellers of financially distressed assets and provides strategic advice on business opportunities, the bankruptcy implications of transactions, and transaction or enterprise structuring and financing in connection with traditional corporate and real estate matters and unusual situations such as Broadway theatrical productions. Additionally, he is involved in numerous real estate restructuring, litigation, and insolvency matters on behalf of real estate lenders, special servicers, developers, and investors, as well as commercial landlords and tenants.
• Construction Litigation
  Real Estate: Our lawyers represent clients in the leasing, purchase, sale, development and financing of commercial, industrial and development properties. We represent a wide variety of clients in the acquisition and sale of industrial properties, including the negotiation of purchase and sale agreements. Our lawyers have extensive experience in all kinds of leasing transactions, including negotiating leases and assisting with letters of intent, subordination, non-disturbance and attornment agreements, brokerage agreements, and architecture and construction agreements. In addition, we represent owners and developers in financing transactions involving industrial properties.
• Land Use and Zoning
  Justice Saxe’s clients benefit from his experience handling a wide range of appellate matters during his tenure on the appellate court, including contract issues, corporate finance, insurance and re-insurance matters, business torts, products liability, intellectual property, real property, land-use and zoning, labor and employment, environmental law, constitutional law and civil rights, matrimonial and family law matters and probate issues.
• Landlord-Tenant Disputes
  Litigation: Our real estate litigators handle complex disputes arising from real estate development and financing transactions. Our clients include well-known private equity funds, hedge funds, public companies, senior mortgage lenders, mezzanine lenders, borrowers, condominium and co-op sponsors, developers, REITS, general and limited partners, commercial and retail tenants and landlords, purchasers, sellers, owners and investors, general contractors, construction managers, real estate brokers and mortgage lenders, hotel and hospitality companies, and high-net-worth individuals. We represent clients in condominium and co-op disputes, as well as large scale commercial and retail landlord tenant proceedings; construction related litigation and arbitration, including professional malpractice and lien litigation; disputes for “branded” real estate projects; and injunction proceedings, emergency applications and special proceedings in connection with purchase and sale agreements, among many other types of real estate disputes.

Trusts and Estates

• Estate Planning
  Real Estate: Clients turn to us for their real estate needs, including leasing, construction, acquisitions and dispositions of property. We handle hundreds of lease negotiations each year in flagship street locations, life style centers, shopping centers, storage facilities and distribution centers throughout the US and Canada, securing optimal lease terms for our retail clients. Our real estate litigation team is known for obtaining successful outcomes in real estate-related disputes and litigation involving various retail issues for luxury brands and iconic properties nationwide, including New York, Chicago, Miami and San Francisco.
• Trusts
  Business Litigation: Our nonprofit clients appreciate our deep courtroom experience, commercial knowledge and skillful representation when disputes occur with beneficiaries, creditors or the IRS and the need for litigation arises. We have extensive experience presenting complex valuation issues in IRS audits and appeals. We advise clients on how to minimize the risk of litigation and handle disputes such as contested accountings, construction proceedings, and other litigated matters affecting trusts and estates.

Finance Law

• Bankruptcy
  Phoenix Brands, LLC, a nationally recognized laundry and fabric care company, as Debtor-in-Possession in its successful Chapter 11 bankruptcy case.
• Foreclosure
  Loan Workouts, Restructurings & Foreclosures: We represent individual and institutional investors and fund managers in acquiring, restructuring and foreclosing real estate loans, and in selling and leasing acquired properties. We assist clients in the acquisition and workout of large loan and asset portfolios, restructuring real estate debt at every level, including mezzanine financings and preferred equity, and in receiverships, foreclosures and bankruptcies. We work closely with our Bankruptcy & Restructuring, Corporate and Commercial Lending & Finance lawyers to provide full-service solutions to complex situations.
• Tax Law
  Morrison Cohen has built a strong foundation of understanding the various business and political challenges facing nonprofits today. We are proud to have earned the trust and loyalty of our longstanding religious, academic and other nonprofit clients. We have significant experience setting up foundations and nonprofit organizations, as well as handling the day-to-day management, labor and employment and tax planning issues that arise.