EB-5 and U.S. Securities Laws (Private Placement Law Handbooks Book 7)

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Secured a voluntary dismissal for a plumbing contractor in a mesothelioma case involving a young plaintiff with young dependents. Saved the client the cost of a dispositive motion and potentially dangerous trial verdict. Represented a fly fishing and braided line products manufacturer against a former executive who violated a restrictive covenant and disclosed trade secrets. Obtained a temporary restraining order and preliminary injunction enjoining the former executive from competing or soliciting clients and from disclosing trade secrets. Represented a staffing company in a disability discrimination and retaliation case in the US District Court for the Western District of Pennsylvania.

Served as counsel to a NYS Office of Alcoholism and Substance Abuse Services OASAS chemical-dependency treatment program in a case of first impression, creating precedent from a NYS appellate court that chemical-dependency-treatment clients who participate in licensed chemical-dependency residential treatment programs are not entitled to an eviction proceeding or substantive due process prior to discharge. Obtained a dismissal of the claims for failure to state a claim for which relief could be granted. Represented a company in an appeal of unemployment insurance benefits with the NYS Department of Labor DOL claiming that independent physicians and all others in similar roles were employees.

Successfully obtained summary judgment for a manufacturing client in an asbestos matter where the plaintiff sought to rely on inadmissible hearsay. The case decision is now routinely relied upon by defendants in NYS asbestos litigation. Represented a consortium of numerous not-for-profit behavioral health care providers in designing and developing a behavioral health care network intended to engage in value-based contracting under a statewide Medicaid reform initiative, including assisting with corporate governance, contract negotiations, value-based payment agreements, and data privacy issues.

Represents an administrative data exchange in organizational planning, governance, regulatory compliance, contract negotiations, and building and implementing business-sustainability strategies. Worked with a Lloyd's coverholder to develop and draft a cutting-edge line of specialty accident and disability income policies. Counseled a client regarding federal agency jurisdiction and interstate commerce in the cannabis industry.

Counseled a client regarding issues of constitutionality in statutory and regulatory frameworks for medical cannabis programs. Counseled and assisted a client on employment law issues, including intellectual property assignments, nondisclosure, noncompetition, and nonsolicitation agreements. Assisted with a client's application for a vertically integrated license under the expanded NJ medical cannabis program.

Assisted with a client's successful application for the regulatory authorization to process hemp cannabis. Assisted with a client's successful application for the regulatory authorization to grow and to process hemp, and counseled the client on internal corporate issues and licensing compliance. Advised a client regarding the regulatory constraints on the qualifications of employees participating in a cannabis business.

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Represented an animal-health business in a lawsuit seeking immediate injunctive relief regarding control of manufacturing acquired by an industry competitor. Identified mediation as the best route to restore the client's supply, and, following 20 hours of mediation, reached an approved creative resolution that achieved the client's objectives. Successfully obtained critical variances for a developer from the City of Buffalo Zoning Board of Appeals for a proposed medical office building despite intense opposition from adjacent property owners.

Represented Corelle Brands in an action under the Resource Conservation and Recovery Act RCRA as well as common law negligence and willful and wanton misconduct based on the placement of Corelle Brands' glass cullet on a neighboring property by co-defendant Doug Gross Construction, a hauler contracted by Corelle.

Ultimately settled the action on favorable terms and avoided protracted motion practice and a likely trial. Represents an energy storage projects developer in handling all aspects of the projects, including counseling on all siting and permitting issues to ensure the most efficient and successful project development while preserving the in-service dates as well as interfacing with key regulators.

Providing strategic advice to an energy storage projects developer on the replacement of more efficient and cleaner turbines at an existing generating facility, including securing the necessary permit modifications to enable the project to go forward and interfacing with NYSDEC and other state and local agencies to secure the necessary permits and approvals in a timely manner. Serve as lead counsel regarding NY permitting for an interstate-pipeline company proposing to expand its existing infrastructure in Pennsylvania, New York, and New Jersey.

Obtained summary judgment for a third-party benefits provider for self-funded health- and risk-management plans in a pair of federal civil-rights actions commenced by retired disabled police officers who were challenging the manner in which their medical benefits were paid under Section c of the NY General Municipal Law. One of the plaintiffs then commenced a near-identical action in NYS Supreme Court against the client.

Obtained dismissal of most of the claims in an initial motion, and then obtained summary judgment dismissing the remaining claims. The decision granting summary judgment was then affirmed by the Appellate Division, Fourth Department. Successfully moved to reopen a default judgment that had been taken against a rigging company in a NYSDEC enforcement proceeding and then obtained the voluntary dismissal of the complaint by the agency at the close of discovery. Defended complex mass tort cases through trial that involved deceased plaintiffs.

Obtained a dismissal of a lawsuit by a student alleging 17 causes of medical malpractice and intentional torts against a private university and its health care center. Successfully defended an adversaries' appeal of a lower court's denial of an Article 78 petition that sought to reverse the Public Service Commission's denial of retroactive reimbursements to a group of residential developers for certain trenching work used to install utility service. The Appellate Division's decision to affirm the lower court order was particularly important to the utility client because an adverse decision would have potentially caused other developers to also seek retroactive reimbursements, opening the client up to additional claims and damages.

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Successfully defended a supermarket chain in a premises liability claim for an injury in a grocery store that was affirmed on appeal. The jury found the condition of the vestibule was safe, finding in favor of the client.

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Provided risk-management services to MLMIC-insured hospitals, clinics, nursing homes, surgery centers, physicians, and dentists. Represented a federal credit union in the refinancing of over 10 multi-family properties in multiple NYS counties. The loan was secured by two mortgages and involved the assignment and consolidation of multiple prior mortgages with different lenders as well as substantial title and diligence review.

Assisted a NYS care coordination organization CCO with health care compliance matters during its initial formation and once operational, including assisting with vendor contracting, reviewing data-use agreements and security attestations, corporate matters, HIPAA compliance and policies, and preparing a corporate compliance plan and related policies. The coalition was comprised of former members of a group self-insured trust that was fraudulently formed and unscrupulously managed, leading to the insolvency of the trust.

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Obtained successful motions for stay of enforcement and partial summary judgment and settled related third-party litigation with no exposure for the clients. Represents an international manufacturer of frozen Italian food products regarding its day-to-day corporate and contract requirements.

Represents an international supplier of injected molded parts with manufacturing facilities in the United States, Mexico, and China regarding its general corporate and contract requirements. Represents a Canadian distributor of orthotic footwear regarding its US expansion and operations. Represented multiple practicing neurological-surgeon entrepreneurs and advised them in connection with their respective ventures, including the commercialization, protection, and subsequent monetization and licensing of their medical-tech intellectual property.

Represented a purchaser in its acquisition of a packaging supplies and equipment distributor, including negotiating an asset-purchase agreement and ancillary documents, assisting in due diligence, and coordinating and negotiating with debt holders. Represented an individual in his sale of interest in a car dealership franchise that involved sensitive environmental issues and took over three years to complete, including negotiating all transaction documents. Also worked with three firms representing the buyer regarding membership sale and subsequent operational matters, real estate, and anti-trust issues.

Also enforced collateral position when the borrower defaulted on the restructured loan. Represented a specialized dairy transport company in its sale of stock to a large Malaysian trucking firm. Represented a manufacturer of air-pollution-control devices for the petroleum refining and marine industries regarding its general contract requirements with companies from Nigeria, Mexico, France, China, and Singapore.

The real estate was purchased by a local developer and leased back to the captive practice pursuant to a master lease.

Served as counsel to a custom antenna manufacturer involved in positive train control and covert surveillance in its corporate restructuring, ownership change, negotiation of employment agreements, and tax planning. Served as outside general counsel to a WNY behavioral health provider in its merger with a regional child and adolescent behavioral health provider and in obtaining related regulatory approvals.

Served as outside general counsel to a performing provider system PPS in the acquisition of a Rochester-area regional health home network.

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Served as counsel to a perfume and cologne manufacturer regarding its sale of assets to a private equity-owned distributor of flavor and fragrance ingredients. Handled real property title issues, obtaining necessary approvals of the assignment of US Federal Energy Regulatory Commission FERC and state regulatory licenses, and labor union issues as well as the pre-closing investigatory process with regard to potential environmental and regulatory issues and post-closing issues with management companies. Served as general outside counsel to a development company regarding the acquisition of a facility in Binghamton, New York, as well as financing the facility renovation through traditional construction financing and through the sale of federal and state historic tax credits and obtaining state and local assistance.

Handled real property title issues, appropriate historic designations, and the negotiation of the master lease and other equity considerations to facilitate the financing. Also handled formalized business succession planning and employment matters. The closing was under an extremely compressed timeframe with multiple parties, and, given the fact that the collateral was out of state, various regulatory issues needed to be resolved.

The transaction was successfully closed within the required time parameters.

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Served as general outside counsel to a nursing home and rehabilitation center regarding the acquisition of the operating assets of another residential nursing home and rehabilitation center and related real property located in New York City as well as the financing of the acquisition, including title matters and restrictions, required NYS Department of Health and Attorney General approvals, and the client acting as a receiver for the subject facility with the consent of the DOH.

Relevant issues included real property title, environmental, and intercreditor agreements. Assisted a client with relocating and consolidating its separate cannabis operations, including environmental diligence for the property acquisition and preparing the client's successful application to the amended regulatory authorization. Represented a bank in a construction loan involving mixed-use property in Rochester, New York.

Represented a principal and a long-standing local business in the sale of the principal's percent membership interest, negotiating the sales contract and consummating the entire transaction, including financial assumptions, vendor consents, and negotiating a new lease and employment contract.

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