PREVIOUS PRACTICE AREAS

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Business Transactions         Business and Commercial Litigation         Real Estate

Real Estate Litigation         Employment Law         Arbitration

Business Transactions

During my four plus decades of experience, I have handled hundreds of transactions and contracts, and am well-versed in both the business and legal factors required for securing well-negotiated deals for my clients.

My business transactions experience includes:

‍               •Contract negotiation and drafting;

‍               •Nondisclosure and confidentiality agreements;

‍               •Consulting agreements;

‍               •Personal property sales and purchase agreements;

‍               •Asset and stock purchase and sales agreements;

‍               •Negotiation and settlement of contract disputes.

Business and Commercial Litigation

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My Experience Counts

Some of my business and commercial litigation experience includes the following:

• Representing an individual seeking the proceeds of a life insurance policy against a national life insurance company and other parties.
  
  
• Representing a parking garage operator tenant in its claim for damages against the landlord of a commercial office building as a result of the landlord blocking some of the parking spaces resulting in the tenant’s loss of income in violation of the lease.
  
  
• Defending an individual against a claim by his former attorney for legal fees, and prosecuting a malpractice counterclaim against the former attorney.
  
  
• Representing a corporate client seeking damages in the form of a commission under a professional service agreement.
  
  
• Representation of an individual professional medical services provider in her claim for damages against her former corporate employer.
  
  
• Representation of a developer seeking to evict a commercial tenant in breach of both its lease and local statutes, all as part of the developer’s plan to construct a new office building on the site.

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Real Estate

I recognize that no two commercial transactions are alike and that most anything is possible, if not negotiable, in a commercial setting.  My vast experience provides my clients with the peace of mind and confidence that each transaction will be handled with the focus and attention to detail that each unique matter requires.  Over the years, I have dealt with a wide spectrum of issues including the following:

• Drafting & Negotiation Commercial Leases
  
  
• Drafting & Negotiation Commercial Purchase Agreements
  
  
• Landlord/Tenant Disputes

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Residential Real Estate

• Drafting and Negotiating Purchase and Sale Agreements
  
  
• Landlord/Tenant Disputes
  
  
• Drafting and Negotiating Leases 

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Real Estate Litigation

A small sample of the real estate litigation matters I have handled include the following:

• Representation of a real estate broker suing the owner of a large tract of land for a real estate commission.
  
  
• Representation of the owner of real estate to enforce the “limited use” provision contained in a commercial property lease by seeking a temporary, preliminary, and permanent injunction.
  
  
• Representing a regional parking garage operator seeking payment under a Garage Operating Agreement for monies due from the apartment building ownership.
  
  
• Representing the owner of industrial property for eight (8) consecutive tax years against the proposed inflated real estate assessment by the taxing authority.
  
  
• Representation of landlords seeking possession of commercial real estate pursuant to breach of lease agreements.

I have also defended:

• A purchaser of commercial real property against a claim by a tenant that it had a right of first refusal from the seller.
  
  
• A homeowner’s right to cancel a Design-Build Agreement with a contractor, and asserting a counterclaim based upon the contractor’s breach of contract and violations of state and federal statutes.
  
  
• Tenants defending suits brought by landlords who were seeking possession of commercial real estate pursuant to alleged breach of lease agreements.

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Employment Law

The following represent some of my employment law experience:

• Representing an at-will employee seeking damages against his employer resulting from the employer’s termination of employment without prior reasonable notice to the employee.
  
  
• Representing a regional courier service in its claim that an employee breached a covenant not to compete, and requesting damages and an injunction.
  
  
• Defending an individual and corporate client against a wage claim of a former employee of the corporate client.
  
   

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Arbitration

I have been a commercial arbitrator for the American Arbitration Association (“AAA”) for over thirty (30) years. Arbitration is a cost-effective alternative to litigation, and each of the AAA’s commercial arbitrators possess years of category specific knowledge and experience. As an arbitrator, I act as a judge, making the final determination in the form of an Award where the parties and their attorneys have selected me to be the arbitrator for their specific case.

Sample Arbitration Cases

All of the cases in which I was chosen as the arbitrator involved some form of business dispute, and most required the interpretation of a written agreement by the disputing parties. Some of the cases in which I have been an arbitrator include the following:

• The interpretation of whether certain accounting functions of the landlord were a reimbursable operating expense based upon the definitions contained in the parties' lease.
  
  
• The interpretation of certain provisions of an operating agreement of an LLC, and its applicability to the purchase of a restaurant.
  
  
• The interpretation of a fee sharing agreement between lawyers dealing with the splitting of fees. After several days of the hearing, the lawyers entered into a settlement agreement. However, several years later, the lawyers resumed arbitration to interpret the applicability of the settlement agreement to certain fees collected.
  
  
• I have been selected to act as the arbitrator in numerous cases involving a national motel chain and the interpretation of provisions of its franchise agreement. In each case, the franchisor was claiming damages as a result of a breach of the franchise agreement.
  
  
• A claim for damages resulting from the interpretation of certain provisions of a long term lease involving a large automobile dealership.
  
  
• A case involving the buy-sell provision contained in the operating agreement of an LLC, and my determination of the value of each member’s interest based upon the factual testimony as well as the testimony of the accounting experts provided by each party.
  
  
• A fee dispute between a large law firm and one of its clients based upon the retainer agreement which contained a provision for the assessment of fees in the event the firm pursued collection of its attorney’s fees as set forth in the retainer agreement. One of the issues was the client’s request for a set off based upon a malpractice claim.
  
  
• A contract dispute between a national association that had contracted with a fund raising entity in which the amount in dispute exceeded One Million Dollars.