Meyer Suozz Englsh Klen NASSAU 1505 KELLUM PLACE MINEOLA, NY 11501 516.741.6565 msek.com To learn more about MSEK, vst our webste or call one of our offces. SUFFOLK 425 BROADHOLLOW ROAD MELVILLE, NY 11747 631.249.6565 NEW YORK CITY 1350 BROADWAY SUITE 501 NEW YORK, NY 10018 212.239.4999 We welcome your questons and look forward to speakng wth you about your legal matters. ALBANY ONE COMMERCE PLAZA SUITE 1102 ALBANY, NY 12260 518.465.5551 WASHINGTON,D.C. 1300 CONNECTICUT AVENUE, N.W. SUITE 600 WASHINGTON,D.C. 20036 202.955.6340
W hch law frm s Rght for us? every clent should ask that queston. Meyer every law frm should answer t. Suozz Englsh Klen
THE CHOICE FOR PEOPLE WHO NEED A LAW FIRM THAT IS: EXPERIENCED The majorty of our lawyers have acheved partnershp status. Ths means we have more hghly experenced attorneys workng drectly on matters than most law frms. Each of our assocates, too, possesses the outstandng credentals, talent and can-do work ethc that make us one of the leadng law frms servng Long Island, New York Cty and the surroundng regon. FULL SERVICE Our 12 practce groups manage, negotate or ltgate just about any legal ssue, transacton or dspute throughout the Unted States. And our clents don t smply beneft from one department s expertse. Attorneys from our varous groups frequently form teams, brngng to clents a confluence of strateges and opnons that assures every aspect of ther matter s addressed n an effcent and cost-effectve manner. REGIONAL Our fve offces n Nassau, Suffolk, Manhattan, Albany and Washngton, D.C. are wthn easy reach of our clents and the local, state and federal courts and agences that serve them. Our attorneys are admtted to practce law n New York, New Jersey, Connectcut, Florda, Calforna, Mchgan, Pennsylvana, Washngton, D.C. and the Unted States Vrgn Islands, as well as before the Unted States Supreme Court, many federal dstrct courts and Crcut Courts of Appeals, the Unted States Tax Court, the Court of Internatonal Trade and the Unted States Court of Clams. GROWING At MSEK, generatons of dstngushed professonals work alongsde our expandng cadre of assocate attorneys. Our past achevements are celebrated; our current strateges are nnovatve and cuttng-edge. In fact, our promnent hstory empowers us to blaze new paths n emergng legal felds. Wth our roots frmly entrenched, our branches reach toward new challenges. RENOWNED MORE THAN A L AW FIRM The attorneys at MSEK comprse a vertable who s who n law, government and poltcs. Because of ths, we can tap nto an extraordnary network of local, regonal and natonal contacts that s unque among law frms n our regon. We know where and how to fnd answers, fast. In fact, we are known for the valuable and mutually respectful relatonshps we have cultvated over tme wth government agences, publc offcals and the courts. We are more than attorneys; we are trusted counselors and advsors to our clents and peers. We forge long-term relatonshps. And we uphold our reputaton for accessblty to clents, to colleagues, to each other. Collegalty, collaboraton and stablty are our hallmarks. Complete clent satsfacton s our goal. 2
A Bref Hstory When the late, legendary John F. ( Jack ) Englsh founded ths law frm n 1960, hs vson was to buld a law practce staffed by only the most talented and respected attorneys. More than 40 years later, Meyer, Suozz, Englsh & Klen, P.C., a law frm comprsng some of the most celebrated legal professonals and former publc servants, s testament to hs foresght and resolve. Our ranks boast the unparalleled expertse of lawyers whose resumes nclude New York State Court of Appeals judge, New York State Appellate Dvson justce, New York State Supreme Court justce, Whte House deputy chef of staff, New York State commssoner of labor, New York State senator, New York secretary of state, New York Cty deputy mayor, Suffolk County executve, town attorney and Nassau County and New York State Bar Assocaton presdent. We are proud, too, of our bpartsan culture; our partners have held hgh postons on both sdes of the poltcal asle. MORE THAN 40 YEARS LATER, MSEK IS A LAW FIRM COMPRISING SOME OF THE MOST CELEBRATED LEGAL PROFESSIONALS. We have grown exponentally through strategc acqustons. In addton, the achevements of our top partners llustrate how we earned our well-deserved reputaton as a frm wth street smarts n the corrdors of power. These leaders helped shape the character of our state and our naton. Ther accomplshments form the backbone of our frm s prestgous past one steeped n cvc servce, from the trenches of local communty boards to the farthest reaches of federal government. Throughout hs career, Jack Englsh was a trusted advsor to presdents, from John F. Kennedy to Jmmy Carter, as well as to Unted States senators and other promnent poltcans. Over the decades, Jack enlsted the best and brghtest to hs frm. Wth a keen eye for talent, he nvted Bernard S. Meyer, a New York State Supreme Court justce, to jon the frm n 1975. Several years later, Judge Meyer was apponted an assocate judge of the New York State Court of Appeals. A renowned legal scholar, he returned to the frm n 1987. Harold M. Ickes joned us n 1977. A poltcal strategst and Unted States presdental advsor, hs stellar career ncludes three years as deputy chef of staff under Presdent Bll Clnton. Decorated World War II hero Joseph A. Suozz who began hs career as Glen Cove Cty Court judge at age 28, makng hm perhaps the youngest sttng judge n the naton joned us n 1980, after servng as a justce on New York State s Supreme Court as well as ts Appellate Dvson. Also jonng us that year was John V. N. Klen. A two-term Suffolk County executve and drector of the Long Island Assocaton for more than two decades, he s a recognzed busness leader and poltcal commentator. Under hs gudance as managng partner from 1984 to 1996, our frm more than doubled n sze. Wth Basl A. Paterson s arrval n the early 1980s, we ganed one of the most successful statesmen and attorneys n New York s mnorty communty. Hs numerous achevements nclude servng as New York State senator and secretary of state, New York Cty deputy mayor and commssoner of the Port Authorty of New York and New Jersey. Los Carter Schlssel joned our ranks n 1981, eventually becomng managng partner the frst woman n a major Long Island law frm to acheve that status. Under her drecton, our exceptonal growth has made Meyer, Suozz, Englsh & Klen, P.C. one of the most watched frms n the regon. 3
W BANKING ISSUES* BANKRUPTCY LITIGATION* BUSINESS DISPUTES CLASS ACTIONS CONSTITUTIONAL LAW CONSTRUCTION CONTRACTS CORPORATE* DISCRIMINATION EMINENT DOMAIN EMPLOYMENT * ENVIRONMENTAL AND LAND USE* ESTATES AND TRUSTS MATTERS* INSURANCE LABOR* LANDLORD-TENANT DISPUTES MEDICAL MALPRACTICE PARTNERSHIP PERSONAL INJURY* REAL ESTATE SEXUAL HARASSMENT SHAREHOLDER DISPUTES SOPHISTICATED CIVIL MATTERS SPECIAL EDUCATION* WHITE COLLAR CRIME *For more nformaton on ths servce area, please refer to the correspondng practce group descrpton n ths brochure. Ltgaton & D spute Resoluton We are proud of our reputaton for unparalleled sophstcaton n ltgatng at every level of state and federal court, and before admnstratve and arbtral trbunals. Indeed, lawyers natonwde often ask our ltgators to handle complex trals and appeals, or to provde knowledge and nsght nto local practce and procedure. We brng our clents a deep understandng of the nner workngs of the courts. Our experence s derved from a base of judcal leaders, ncludng a former New York Court of Appeals judge, a justce of the Appellate Dvson and a State Supreme Court justce, as well as from sklled practtoners ncludng federal and state prosecutors, judcal law secretares and seasoned commercal ltgators. Our vctores speak for themselves. Our many successes nclude record-breakng and mult-mllon dollar jury verdcts. Our appellate vctores have blazed new law n a varety of felds; dozens of our cases have become leadng reported decsons. In cases where tradtonal ltgaton s not the best approach, we recognze the emergng role of alternate dspute resoluton (ADR) as a means for resolvng matters costeffectvely, effcently and n the best nterest of our clents. In fact, many of our attorneys often functon as sklled ADR negotators, arbtrators and medators. From large nternatonal corporatons and local busnesses, to muncpaltes and government groups, to unons and professonals, we offer our clents n-depth experence and knowledge of all aspects of ltgaton and dspute resoluton. We offer unparalleled sophstcaton n ltgatng at every level of state and federal court.
C MERGERS AND ACQUISITIONS SHAREHOLDER AGREEMENTS CONTRACT NEGOTIATIONS BUSINESS FORMATION AND DEVELOPMENT DIVESTITURES, RESTRUCTURINGS AND RECAPITALIZATIONS CORPORATE GOVERNANCE AND SEC COMPLIANCE LEVERAGED BUY-OUTS JOINT VENTURES INTELLECTUAL PROPERTY AND SOFTWARE LICENSING STRATEGIC ALLIANCES AND CO-BRANDING VENTURE CAPITAL FINANCING PRIVATE AND PUBLIC SECURITIES OFFERINGS COMMERCIAL LENDING AND OTHER FINANCIAL TRANSACTIONS EXECUTIVE COMPENSATION STRATEGIES FRANCHISING AND DISTRIBUTORSHIPS & ANTITRUST MATTERS Corporate Corporate attorneys need to know more than the law. They must understand how the busness world operates. Wth decades of combned experence, our attorneys have a fnely honed knowledge of the nternal workngs of busness the paths to success and the ptfalls to avod. At the core of every corporate transacton s the need to protect the clent s bottom lne. Our many long-term clents n the busness communty respect our nnovatve approach to handlng complex deals and problem solvng. They know we wll always wegh costs aganst benefts. And, n today s lghtnng-fast marketplace, they also value our responsveness. As outsde general counsel, we regularly advse senor management on crtcal busness decsons. In addton to provdng legal counsel, our attorneys are trusted long-term busness advsors who play a key role n corporate plannng and growth, and who put clents needs frst. Our attorneys speak from practcal experence, havng run prvate busnesses, havng acted as n-house corporate counsel and havng served on corporate boards of drectors. Our rapdly growng clent base, many of whom have been wth us for decades, covers the spectrum from publcly traded to prvately held corporatons, and from small start-up ventures to Fortune 500 companes. These clents, located worldwde, represent a wde varety of ndustres, from aerospace to santaton. B ankruptcy M B usness Reorganzaton MSEK s bankruptcy attorneys brng clents the knowledge, experence and creatvty needed to negotate the hghly complex worlds of bankruptcy and credtors rghts law. We practce n all areas of corporate bankruptcy, busness reorganzaton, credtors rghts and bankruptcy ltgaton, and represent clents n a wde range of bankruptcy proceedngs and bankruptcy-related ltgaton. Whether the case nvolves a corporate gant, a md-sze busness, a partnershp or an ndvdual, we provde the pragmatc, hghly focused solutons that clents expect. BUSINESS BANKRUPTCY BANKRUPTCY LITIGATION CREDITORS RIGHTS RESTRUCTURING AND WORKOUTS COMMERCIAL LITIGATION Fnancally troubled busnesses seek our advce when facng problems brought on by ndustry and market declnes, lqudty crses, ltgaton or judgment enforcement. We plan a feasble ext strategy and delver the expertse needed to gude the busness through the restructurng or chapter 11 process to emerge successfully as a reorganzed company. For busnesses that are credtors n chapter 11 cases, we provde strategc advce, as well as aggressve defense f they are sued n or out of bankruptcy court. In all cases, the group s attorneys provde full servce wth extensve personal attenton from the partner-n-charge. We solve problems wthout undue ltgaton, expense or delay. 5
T Tax Certorar & C o n demnaton The tax certorar and condemnaton practce comprses attorneys wth more than 20 years experence n real estate tax reducton and emnent doman proceedngs. Our partners nclude a former deputy chef of the Tax Certorar Bureau of Nassau County and the New York Cty Condemnaton Bureau as well as former chars of the Nassau and Suffolk Bar Assocaton Tax Certorar Commttees. Our attorneys are well versed n determnng the value of property throughout New York State. We revew assessment records to determne f errors or naccuraces exst, f abatements or exemptons are avalable and f market value estmates are correct. The team moves expedtously to recover any real estate tax over-payments and to ensure that future assessments are reduced to the fullest extent of the law. We prepare for admnstratve hearngs, consult wth apprasers, engneers and other valuaton experts and appear on behalf of clents at admnstratve hearngs, at tral and n the appellate courts. Those who seek our counsel nclude owners or net lessees of commercal and ndustral property such as rental propertes, offce buldngs, hotels, banks, move theaters, shoppng centers and warehouses. We also represent homeowners and condomnum or cooperatve propertes. REAL ESTATE TAX REDUCTION NEW YORK CITY ICIP AND J-51 TAX ABATEMENT PROGRAMS COMMERCIAL AND RESIDENTIAL TAX EXEMPTION PROGRAMS CONDEMNATION AND EMINENT DOMAIN PROCEEDINGS In condemnaton proceedngs, the group acts on behalf of both owners and tenants. Our goal s for clents to receve the hghest possble award for ther loss of real property and fxtures. We handle a range of ssues from propertes affected by street wdenng to complete governmental takeovers. Our attorneys have a reputaton for relentlessly pursung every avalable means to represent our clents nterests. Our attorneys are well versed n determnng the value of property.
Real Estate & Bankng T SALES AND ACQUISITIONS ASSET-BASED AND REAL ESTATE LENDING REAL ESTATE PARTNERSHIPS SECURED AND UNSECURED LENDING FINANCING LEASES LOAN STRUCTURING, CLOSURE AND WORKOUTS COMMERCIAL TRANSACTIONS FORECLOSURES & VALUATIONS M MUNICIPAL GOVERNMENT ADMINISTRATION PERMITS AND MUNICIPAL APPROVALS PROPERTY DEVELOPMENT PROCESSES ZONING SUBDIVISION AND LAND DEVELOPMENT ARTICLE 78 PROCEEDINGS TORT ACTIONS CIVIL RIGHTS CLAIMS COUNSELING ON AIR, SOIL AND WATER QUALITY COUNSELING ON ASBESTOS AND LEAD PAINT REMOVAL SEQRA COMPLIANCE ENVIRONMENTAL REGULATION ETHICS, FRAUD AND CORRUPTION INVESTIGATIONS FREEDOM OF INFORMATION LAW REQUESTS GOVERNMENT CONTRACTS OPEN MEETINGS LAW CODE VIOLATIONS The MSEK real estate and bankng group offers a full range of servces related to the acquston, development, fnancng, management and sale of real estate. Our work ncludes major acqustons and dspostons as well as managng the myrad fnancal consderatons relevant to corporate real estate transactons. Our experence wth regulatory processes both n government and n prvate practce s essental to the servces we provde. In the evolvng felds of real estate and fnancng, our attorneys handle multfaceted transactons n complex real estate law, corporate and publc fnance, envronmental law, ltgaton and emnent doman. Our long-standng relatonshps wth government, labor unons and the real estate communty n New York and natonally enable us to proceed effcently on behalf of our clents. Our clents nclude both lenders and borrowers. We represent banks, corporatons, developers, fnancal nsttutons, professonals, contractors, landlords and tenants on ssues relatng to all types of real estate commercal, retal, hosptalty, ndustral, mult-famly resdental and resort propertes. Muncpal Law, Land Use Envronmental Complance MSEK s recognzed throughout Long Island and New York State as a leader n provdng strategc and nnovatve solutons n the feld of muncpal law, land use and envronmental complance. We are commtted to balancng the needs of commerce and ndustry wth the protecton of our natural envronment. Our comprehensve knowledge of state, local and federal laws as well as regulatory practces and polces s vtal to the successful representaton of clents. Our group ncludes two former county executves, a vllage trustee, zonng board counsel and town, vllage and school dstrct attorneys. We know how government works, from the nsde. And because regulatory admnstrators respect our thoroughness and professonalsm, we can work more effectvely on behalf of our clents. Busnesses, publc agences and school dstrcts turn to us for gudance on the legal ramfcatons nvolved n workng wth muncpaltes. We resolve questons pertanng to local ordnances, land use regulaton, envronmental complance and related ltgaton. Our attorneys also represent admnstratve bodes such as zonng and plannng boards n the process of adoptng new decsons and laws. 7
Government Relatons M MSEK s known for successfully negotatng complex governmental and poltcal solutons on behalf of ts clents. Havng served at the local, state and federal levels of government, our attorneys know what s needed to successfully navgate the labyrnth of admnstratve and governmental processes. STATE AND FEDERAL LOBBYING GOVERNMENT PROCUREMENT STRATEGIES FOR NEGOTIATING GOVERNMENT AGENCY PROCESSES CAMPAIGN FINANCE LAW COLLECTIVE BARGAINING PROCESS PENSION AND HEALTH BENEFITS Our government relatons group s based n Albany and Washngton, D.C. We counsel an array of busnesses, not-for-profts and labor unons on the ntrcaces of government contractng, regulaton and procurement. As such, we represent clents before federal governmental agences as well as the New York state governor s offce, state agences and the state legslature. As regstered lobbysts n Albany and Washngton, D.C., we also advse clents on strateges to nfluence federal, state and county poltcans, as well as grass-roots publc relatons tactcs. Labor O Our representaton of more than three dozen of the most promnent local and natonal labor unons has made us the preemnent unon-sde labor law frm n New York. We represent unons n vrtually every ndustry health care, constructon, transportaton, newspaper publshng, package delvery, hosptalty, communcatons, dstrbuton, manufacturng and retal food as well as such publc sector unons as fre fghters, polce offcers and teachers. Often workng closely wth both our government relatons and our employment practce and, f need be, our ltgaton team, our labor group provdes clents wth the experence and negotatng sklls to navgate dffcult and often frustratng poltcal, management and legslatve ssues. COLLECTIVE BARGAINING ERISA NLRB PROCEEDINGS PENSION FUNDS ADMINISTRATION INTERNAL UNION GOVERNANCE AND COMPLIANCE ARBITRATION AND MEDIATION LITIGATION OF LABOR DISPUTES ADMINISTRATIVE PROCEEDINGS GENERAL ADVICE AND COUNSEL UNION ORGANIZING UNION ELECTIONS CIVIL RIGHTS MATTERS UNEMPLOYMENT COMPENSATION MATTERS Our clents tap nto a vast reservor of expertse. Our team of labor attorneys comprses a former New York Cty deputy mayor for labor relatons, a New York State commssoner of labor and others from the top echelons of state and federal government. Also on board are former general counsel to the Internatonal Brotherhood of Teamsters, former general counsel of the Unted Auto Workers and a former attorney for the Natonal Labor Relatons Board. Our labor attorneys, frequently sought for ther expert commentary, have been ntervewed by such publcatons as The New York Tmes and The Wall Street Journal and have appeared on natonal televson and rado. 8
Personal Injury Q Qualty representaton has always been the hallmark of our personal njury practce. Our goal s to represent our clents nterests through a dffcult perod n ther lves and to obtan the maxmum award whether by tral or settlement. We advse clents of all nterm revenue sources durng ther dsablty and, as a courtesy, we supervse the payment of no-fault clams n cases nvolvng motor vehcle accdents. We represent clents n a wde range of personal njury clams and work closely wth our labor attorneys on behalf of unon members njured n constructon accdents covered under the New York State Labor Law. CONSTRUCTION ACCIDENTS AUTOMOBILE ACCIDENTS WRONGFUL DEATH CATASTROPHIC EVENTS MUNICIPAL LIABILITY PREMISES LIABILITY SLIP AND FALLS MEDICAL MALPRACTICE PRODUCT LIABILITY Our team ncludes a former assstant dstrct attorney and lawyers wth more than two decades of experence n personal njury ltgaton. If an nsurance carrer s unwllng to negotate, the matter wll be taken to tral. Throughout ths demandng process, we reman senstve to our clents pan and sufferng, and keep them nformed. Our responsveness to clents, along wth consstency n the manner each clam s prosecuted, ensures a qualty of representaton rare n ths feld of practce. We provde clents w th the experence and negotatng sklls tonavgate dffcult ssues. 9
W PREPARATION OF WILLS AND TRUSTS GIFT AND ESTATE TAX PLANNING PREPARATION OF REVOCABLE TRUSTS ANALYSIS OF ASSET OWNERSHIP POWERS OF ATTORNEY HEALTH CARE PROXIES LIVING WILL DECLARATIONS CREATION OF FAMILY LIMITED PARTNERSHIPS PROBATE AND OTHER SURROGATE S COURT PROCEEDINGS ESTATE ADMINISTRATION INTERIM AND FINAL ACCOUNTINGS PREPARATION OF ESTATE TAX RETURNS REPRESENTATION BEFORE THE INTERNAL REVENUE SERVICE CONTESTED WILLS AND ACCOUNTINGS ARTICLE 81 GUARDIANSHIP PROCEEDINGS Trusts & Employment Estates We help clents plan the orderly dstrbuton of ther estates, whle keepng estate taxes to a mnmum. Our phlosophy s to collaborate closely wth clents n settng goals, prortes and tmetables. We have the senstvty and sklls to non-judgmentally explore phlosophcal and emotonal concerns, whle also advsng on such basc ssues as taxaton, nsurance and changng estate and gft tax laws. We advse many clents who wsh to transfer ther wealth durng lfe n a tax effcent manner. After the death of a loved one, clents may need our help wth the appontment of a fducary by the local Surrogate s Court as well as wth the marshallng of assets, the preparaton of estate tax returns and accountngs, and the fnal dstrbuton of assets to the selected benefcares. If necessary, we represent clents before state and federal tax authortes and before the Unted States Tax Court. As tme passes, needs often change, makng estate plannng a contnuous process. We assure that goals are kept current, and we value our clents ongong partcpaton. E Employment lawyers must be sklled n handlng problems that often are emotonally charged and frequently nvolve complex human relatons ssues as well as legal questons. Our n-depth knowledge and broad experence enable us to fnd creatve solutons to dffcult employment problems. DISCRIMINATION CLAIMS SEXUAL HARASSMENT CLAIMS RETALIATION CLAIMS SEVERANCE AGREEMENTS EMPLOYMENT AGREEMENTS NON-COMPETE AGREEMENTS AND RESTRICTIVE COVENANTS EMPLOYMENT POLICIES AND PROCEDURES EMPLOYEE MANUALS PRIVACY ISSUES WAGE AND HOUR PRACTICES WRONGFUL TERMINATION CLAIMS Our goal s to acheve cost-effectve resolutons that meet our clents objectves. When negotated resoluton s not possble, we vgorously pursue those objectves through ltgaton. By solvng work-related problems, we help create work envronments that are rewardng, challengng and free from dscrmnaton and unlawful conduct. The frm provdes counsel on a full spectrum of employment-related ssues, engages n all aspects of employment-related ltgaton before state and federal courts and admnstratve agences, and regularly handles medatons and arbtratons. As recognzed leaders n ths feld, we frequently are asked by the meda and professonal organzatons to comment on such topcs as workplace dscrmnaton and sexual harassment. 10
Specal Educaton P Parents of specal educaton students often fnd that school dstrcts fal to provde the servces ther chldren requre. Our goal s to help specal educaton chldren secure ther rght to a free approprate publc educaton and to reach ther full potental n school. COMMITTEE ON SPECIAL EDUCATION (CSE) MEETINGS IMPARTIAL HEARINGS LITIGATION AGAINST THE COMMISSIONER OF EDUCATION ARTICLE 78 PROCEEDINGS COMMITTEE ON PRESCHOOL SPECIAL EDUCATION (CPSE) EARLY CHILDHOOD INTERVENTION (BIRTH THROUGH AGE 3) COUNSELING IN LEGISLATIVE DEVELOPMENTS TWICE EXCEPTIONAL CHILD ADVOCACY We represent specal educaton students at Commttee on Specal Educaton (CSE) hearngs, whch school dstrcts convene annually to determne the needs of each classfed student. If a chld s not granted approprate accommodatons for ther dsablty at the CSE level, we represent them durng the ensung mandated admnstratve process. We obtan mpartal hearngs, assess the chld s needs and explore wth the parent the servces the school dstrct may be requred to provde. The attorneys who founded ths practce group are themselves parents of specal needs chldren, affordng our clents a unquely empathetc and personal perspectve. We know frsthand the emotonal turmol created when a school dstrct fals to address specal educaton needs. We analyze each stuaton and mplement effectve and creatve solutons, workng hand-n-hand wth parents throughout the process. Through our nvolvement n several Long Island-based specal educaton groups as well as organzatons such as the Natonal Center for Dsabltes, we offer clents an unparalleled network of resources n addton to our substantal legal muscle. As tme passes, needs often change makng estate plannng a contnuous process. We assure that goals are kept current. 11