Representing owners of privately-held businesses in disputes with business partners and corporate dissolutions
All too often, relations among co-owners of privately held businesses deteriorate to the point where they can no longer work together: they need a “business separation.” The Business Separation group brings together the diverse practice skills and experience required for the myriad challenges presented by private company disputes, and to devise solutions that allow clients to achieve their business and personal goals free of the uncertainty and rancor that can accompany a failed business relationship.
The Business Separation group includes highly experienced litigators who understand the intricacies of the laws governing the internal affairs of closely-held corporations, partnerships and limited liability companies. Their extensive representation of clients in private company disputes includes judicial dissolution proceedings on behalf of both majority and minority owners, dissenting shareholder proceedings, derivative suits, books and records proceedings, and assorted other litigation among co-owners of companies in a wide variety of industries including real estate, construction, manufacturing, finance, a variety of wholesale and retail operations, auto dealerships, service companies, and more.
The Business Separation group also includes highly experienced corporate and tax attorneys to advise clients and to assist in structuring and documenting buy-outs, liquidations, and other forms of business reorganization resulting either from judicial proceedings or negotiated settlements.
Often the litigation of private company disputes can be avoided by early intervention leading to a favorable out-of-court settlement. The Business Separation team works closely with clients to explore and execute strategies and solutions that can eliminate the distraction, expense, and escalation of hostilities that inevitably accompany litigation. Key to the Business Separation group’s record of success in resolving such disputes through early intervention is their reputation and prowess as lawyers well-equipped and unhesitant to seek relief in court when negotiations fail to achieve their clients’ objectives.
The resolution of a business divorce often centers on the valuation of the subject company. Effective legal counseling therefore requires a thorough understanding of the principles and legal framework for valuing a business. The Business Separation group has extensive experience working in tandem with qualified business and real estate appraisers in connection with buy-out negotiations and appraisal litigation.
The Commercial & Business Litigation practice at Mohen Cooper encompasses a broad array of business disputes. We are often called upon to litigate commercial cases arising in both federal and state court; and regularly represent clients in partnership and shareholder disputes; prosecute and defend restrictive covenants, including non competition agreements; and litigate claims for breach of contract, business torts, antitrust, unfair competition and trade secret misappropriation.
It takes more than aggressive advocacy and trial experience to make a successful commercial litigation attorney. It takes the ability to see the larger picture . . . an ability that is developed only after many years of experience on all sides of such matters. To understand the client’s goals, and then to develop a legal strategy that furthers their immediate and long-range objectives. Finally, the ability to implement that strategy, which is often the most challenging part of the process, comes only from real world experience in overseeing business operations. It is this type of experience, in running businesses and meeting the day to day challenges of that process, that separates Mohen Cooper’s attorneys from others in this industry. Mohen Cooper’s commercial and business litigation attorneys include CEO’s and CFO’s of businesses, with many of the same challenges faced by our client’s on a daily basis, and who are also well-seasoned litigators, that gives our firm a distinct advantage. This background, combined with years of working with some of the Long Island and New York region’s leading corporations, has produced a team of talented litigation attorneys with unique insight into the workings of the judicial system and a practical understanding of the business issues impacting litigation.
Alternative Dispute Resolution (ADR) including both mediation and arbitration continues to grow as a more cost-effective way for businesses to resolve differences without lengthy and costly court proceedings. Our commercial litigation attorneys represent clients in arbitration, mediation and other types of ADR, and many also serve as mediators and arbitrators themselves. Mohen Cooper’s lawyers regularly counsel its clients at the pre-dispute resolution process to best prepare them for every possibility and to involve them in a process that encourages parties to work together to develop creative solutions to business disputes.
Mohen Cooper LLC represents clients in state and federal appellate court matters, appearing before the New York State Court of Appeals and Appellate Divisions as well as the United States Court of Appeals.
Mohen Cooper represents businesses including building owners, developers, as well as contractors and subcontractors in construction-related litigation and arbitration. Our representation also includes municipalities and lenders in construction disputes involving private and public projects throughout the New York metropolitan area.
Mohen Cooper represents public and private companies, not-for-profit organizations and municipalities in matters relating to their obligations under federal and state laws and regulations.
Companies are increasingly becoming embroiled in litigation involving employee issues. We routinely defend employers in EEOC and State Division of Human Rights proceedings, federal and state lawsuits, arbitrations and mediations. Whether representing a small, closely held business, a not-for-profit charitable organization or a large, publicly traded company, our extensive litigation experience provides a backdrop for successfully resolving claims efficiently.
These include the representation of clients in investigating and litigating harassment, discrimination and retaliation claims involving federal and state statutes such as the Equal Pay Act, Title VII, the Age Discrimination in Employment Act, the Pregnancy Discrimination Act, the Americans with Disabilities Act and the New York State Human Rights Law. Mohen Cooper’s representation also includes defending claims brought under the Fair Labor Standards Act, ERISA the Family and Medical Leave Act and the New York Labor Laws, as well as litigating breach of contract and tort claims in the employment context.
Mohen Cooper regularly represents franchisers, prospective franchisees, and master franchise area developers in connection with the review and negotiation of franchise agreements and multi-unit development agreements in a variety of industries. We counsel small and growing businesses in franchising options, and in connection with the preparation of Franchise Disclosure Documents We also provide assistance and guidance to prospective franchisees in the formation of the franchisee entity and the structuring of the business arrangements among its owners to ensure that we get our franchisees from signing to franchise opening.