Family Law

• Divorce
  A thorough estate plan should take into account the possibility that one’s surviving spouse, children or grandchildren may be married, and also potentially divorced, during their lifetimes. The impact of marriage and divorce law thus is quite relevant when structuring gifts or bequests to a spouse, children and grandchildren.
• Premarital Agreement
  Each state’s law differs on the enforceability of premarital agreements. Generally, a premarital agreement may be deemed unenforceable if it is not properly prepared or executed. As a general rule, to render a premarital agreement unenforceable, one must prove that: (1) he or she did not execute the agreement voluntarily; (2) the agreement was unconscionable when it was executed or when enforcement is sought; (3) he or she was not provided fair and reasonable disclosure of the amount, character and value of property, financial obligations and income of the other party before execution of the agreement; or (4) he or she was not afforded a reasonable opportunity to consult with independent counsel. Absent the existence of any such facts, a premarital agreement may be amended or revoked only by a written agreement signed by both parties. Generally, courts will typically enforce a premarital agreement unless the terms are unconscionable either at the time it was executed or at the time of the separation.
• Guardianship
  Finally, most states allow a person to execute a separate document or incorporate into a durable power of attorney or living will the appointment of a guardian or conservator in case one is needed. If the hospital or nursing home has concerns about relying on a durable power of attorney, a guardianship or conservatorship proceeding may be required. If the person has named a conservator or guardian in their documents, it is extremely difficult for a Court to name someone other than the named guardian or conservator.
• Spousal Support
  Wealthy individuals contemplating marriage should consider entering into a premarital agreement. As its name suggests, a premarital agreement is an agreement in writing entered into by the future spouses prior to marriage which contains provisions regarding ownership of property. The Agreement may contain provisions regarding disposition of property upon marital dissolution, death, or the occurrence of any other event; modification or elimination of spousal support; ownership rights in death benefits from life insurance policies; and rights to retirement plans. The parties may also agree to execute a Will or trust that reflects these provisions.
• Annulment
  We successfully negotiated resolution of involuntary conservatorship proceeding against our client’s husband in Connecticut and an annulment action in Vermont brought by the husband’s adult children from his first marriage, alleging that their father lacked the capacity to marry our client. Resolution allowed our client to remain married and live financially secure with her husband without interference from his children while still maintaining good relationships with the husband’s children and grandchildren from his first marriage.

Criminal Law

• Criminal Defense
  Homer Cummings, a former Mayor of Stamford in the early 1900's, was Vice Chairman of the Democratic National Convention in 1910. He played a pivotal role in the election of President Woodrow Wilson in 1912 and served as the Attorney General of the United States under Franklin D. Roosevelt from 1933 to 1939. In addition to his achievements in politics, Mr. Cummings also had an outstanding career as a courtroom lawyer. He served as State's Attorney for Fairfield County from 1914 to 1928 and handled the famous Israel case, which is noted in all law school classes on criminal law and highlighted in the famous feature film
• Drug Crimes
  We served as lead counsel in the defense of the owner of a privately held drug manufacturing company against claims by three former executives over an alleged agreement with the principal shareholder to split ownership of the company. This case went to arbitration in September 2019.
• Money Laundering
  In this video, Brendan Snowden, an attorney in the corporate and finance group, and Elizabeth Falkoff, an attorney in the private clients group, discuss recent regulations implementing the Corporate Transparency Act. The Act, which became law on January 1, 2021 as a part of the Anti-Money Laundering Act of 2020, requires most companies, including LLCs and corporations, to report information about the company and its controlling owners beginning January 1, 2024.

Business and Corporate Law

• Corporate Law
• Mergers and Acquisitions
• Business Disputes
• Business Transactions
  The Corporate & Finance Group at Cummings & Lockwood provides experienced advocacy in myriad complex business transactions and engagements. Whether representing individual business executives or investors, collaborating with in-house legal departments or serving as outside counsel, our attorneys deliver high-touch, responsive service and thoughtful advice designed to effectively help our clients reach their goals.
• Limited Liability Companies
  The nature and value of the assets also has an impact on the selection of a Trustee. If a trust consists of a residence and cash, the beneficiary may be able to manage the assets without any assistance. If the trust consists of a closely held business, one or more family members who have been involved in running the business for multiple years may be the best choice to serve as Trustee, either alone or together with the beneficiary. If the trust consists of many complicated investments, real property held in limited liability companies, and requires sophisticated tax decisions, the beneficiary may prefer to not be a Trustee at all, and a professional Trustee, such as a bank, trust company, or attorney, is the best choice to serve as Trustee.
• Construction Contracts
  We closed an $11 million project finance loan and negotiated $15 million in related construction contracts for a major New York golf club renovation project.
• Trade Secrets

Employment Law

• Wrongful Termination
• Employment Discrimination
• Employment Contract
  We successfully negotiated severance agreements and employment contracts on behalf of numerous senior corporate executives, financial services professionals and private employers.
• Employment Litigation
• Severance Agreement
• Sexual Harassment

Property Law

• Real Estate Litigation
• Construction Litigation
  We represented a local family in connection with the redevelopment of a prominent shopping center, including the negotiation of a $45 million construction loan, guaranteed maximum price construction contract, and eviction of multiple holdover tenants.
• Real Estate Transactions
  Cummings & Lockwood’s Commercial Real Estate Group provides practical and sophisticated legal representation for our clients' varied real estate needs. With local, regional and national engagements ranging from real estate development, sales and acquisitions, joint ventures, portfolio transfers, and commercial and retail leasing to financing and litigation matters, our attorneys have experience on a wide spectrum of real estate transactions.
• Land Use and Zoning

Trusts and Estates

• Estate Planning
  Choosing a Trustee can be a challenging decision, especially since Grantors commonly want a family member to be the Trustee. For a Revocable Trust, the Grantor will typically serve as a Trustee during his or her lifetime, either alone or together with the Grantor’s spouse, another family member, or an Independent Trustee. After the Grantor’s death, the Grantor’s surviving spouse, if any, or one or more children of the Grantor are a common appointment. It is important that that the successor Trustee named to act upon the Grantor’s death is able to work with the Executor of the Grantor’s estate, as those two persons will have to work closely together during the estate administration. After the division of the trust assets for the beneficiaries, if there are ongoing trusts, many more factors enter into the equation. For an Irrevocable Insurance Trust, the Grantor cannot serve as Trustee, and an Independent Trustee may be the best option.
• Wills
  We brought to a successful resolution multiple claims on behalf of and against a decedent’s estate in both the Probate Court and several Superior Court actions, resulting in our client's appointment as executor of the decedent’s estate and trustee of the decedent’s trusts, enabling the funding of millions of dollars to charities in accordance with the decedent’s will and trusts.
• Trusts
  Irrevocable trusts generally also are not revoked by divorce. Unlike revocable trusts, irrevocable trusts cannot be modified or terminated. However, irrevocable trusts are often drafted to provide contingencies in the event of a subsequent divorce.
• Power of Attorney
  Every estate plan should provide for the management of assets in the event of incapacity. Depending on the jurisdiction, each family member should have a durable power of attorney, living will and health care proxy (or Advanced Medical Directive) and a Designation of Conservator or Guardian. In some states, these documents may be combined or each a separate document.
• Probate
  Our private clients attorneys are experienced in the areas of estate planning and administration; estate, income and gift tax; trust formation and management; executor and trustee services; charitable giving and foundations; special needs planning; probate law; and residential real estate.

Finance Law

• Bankruptcy
• Tax Law
  Cummings & Lockwood has an elite commercial practice with numerous, professionally-recognized lawyers who are experienced in the areas of litigation and dispute resolution; real estate investment and development; banking, lending and credit transactions; corporate acquisitions and divestitures; and partnership, limited liability company and tax matters. Our clients include entrepreneurs, closely held companies, regional, national and international corporations, hedge funds, private equity firms, financial institutions and not-for-profit organizations.