- Criminal Defense
- FraudSeward & Kissel LLP frequently advises clients within the financial sector, including banks, broker-dealers, and hedge funds. In addition to its expertise in the financial services sector, the team is also experienced at representing professionals within the cryptocurrency and blockchain market. Jaimie Nawaday has broad capabilities in acting for both companies and individuals who are being investigated for money laundering, securities fraud, and false claims. Michael Watling is recommended for matters relating to market manipulation, tax evasion, and mortgage fraud. Other key lawyers in the team include Philip Moustakis and Russell Johnston, both of whom have an in-depth knowledge of cases concerning digital assets.
- White Collar Crimes
- Money Laundering“experienced team that advises on economic sanctions, export controls and anti-money laundering issues. The firm often works with clients from the shipping industry, as well as investment management companies.” Sources say Seward & Kissel
- Corporate Law
- Mergers and Acquisitions
- Limited Liability CompaniesThe Financial Crimes Enforcement Network’s (“FinCEN’s”) beneficial ownership reporting rule, issued under the Corporate Transparency Act (the “CTA” and such rule, the “BOI Reporting Rule”) became effective as of January 1, 2024. The BOI Reporting Rule requires domestic and foreign corporations, limited liability companies and other similar entities that were formed or registered to do business in the United States and are not exempt pursuant to one or more exemptions provided for under the BOI Reporting Rule (“Reporting Companies”) to file beneficial ownership information reports (each, a “BOI report”) with FinCEN. The date of formation of each Reporting Company determines when the Reporting Company’s initial BOI report must be filed. The January 1, 2025 filing deadline for a Reporting Company formed or qualified to do business
- Employment DiscriminationPitfalls abound when company reorganizations result in job loss. Though there is no one-size-fits-all approach to a reduction-in-force, having clear goals and a thoughtful process is important to hedging risk. What are the ultimate objectives, who decides which employees are selected for inclusion, and by what metrics are they selected? If severance is offered, what is the package? Does it need to conform with an existing plan or practice, and is there a reason why some employees need to be treated differently than others? Depending on the size and composition of the workforce, layoffs can trigger obligations under various employment laws, including the Worker Adjustment and Retraining Notification Act or its state counterparts (WARN) and the Age Discrimination in Employment Act (ADEA)—are these laws implicated? Finally, how will the restructuring be communicated, both to employees who are affected and those who remain with the PortCo? And is it prudent to offer retention packages to key employees who may be concerned about job security in the wake of these changes?
- Employment ContractFrom a legal perspective, it is important—as with any transition—to understand whether and how existing employment agreements are implicated, and whether an executive might assert that their termination is unlawful. Usually, a PE firm will know the employment agreements through transaction diligence and can plan accordingly. However, transaction diligence will not necessarily prepare a PE firm for all the statutory and common law risks associated with a potential termination.
- Severance Agreement
- Real Estate Litigation
- Estate Planning
- Trusts
- Probate
- Bankruptcy