General Litigation & Appeals

At Smith Buss & Jacobs, we differentiate ourselves by getting to know our clients and their businesses. We bring the full range of our collective expertise to help articulate and achieve a vast array of business goals including Contracts & Transactions, Buying & Selling, Financing, Intellectual Property and Bankruptcy.

We work with remarkable effectiveness with our business clients as general counsel on litigation avoidance and risk management, maximizing chances for commercial litigation success, and planning new business initiatives which have a litigation risk component. In addition, we provide confidential counseling on addressing legal concerns in business plan implementation, media relations, or governmental scrutiny, particularly in sensitive or high-profile situations.

In those cases where litigation becomes necessary, the attorneys of Smith, Buss & Jacobs provide powerhouse litigation skills and winning experience. We lead with a client-first philosophy, execute with unsurpassed expertise, and believe in engaging in transparent discussions of cost versus value at every stage of your matter.

Today’s courts are overwhelmed, causing a consistent push for expedient resolution. The best litigators know their clients’ business, know the courts and, therefore, know how to make even the most complex matters simple. We tee it up right to get to successful resolution faster. Every matter, every time.

Our seasoned litigators work with the lawyers in our Real Estate, Business, Condominium and Cooperative, and Government practices to develop strategic approaches and innovative solutions in a variety of disputes.

We persistently draw upon the expertise of, and collaborate with, other disciplines within our firm to deliver an enhanced, multidisciplinary approach, enabling high value skillsets to address the full scope of issues that may arise when effecting clients’ goals.

Our attorneys have substantive experience in almost every facet of litigation, have impressive trial and appellate experience representing clients in various forums, including both state and federal courts, administrative and other state and federal agencies and arbitral organizations. The attorneys of Smith, Buss & Jacobs help clients with litigation matters statewide and in New York City, Queens, Bronx, Brooklyn, Westchester, White Plains, Yonkers, Nassau County, Suffolk County, Long Island, and Rockland County.

Some of our areas of litigation:

Co-op & Condo Litigation

We guide boards in every aspect of governance, including drafting and reviewing of governing documents, fiduciary obligations, election disputes, alterations and owner issues. We represent new boards who may need to address issues with their sponsor.

We have experience in all phases of this area of litigation, from conversion and construction issues, to defending boards accused of breaching their fiduciary obligations or violating the business judgment rule, to defending discrimination claims made by employees and prospective purchasers, to the challenge of elections, interpretation of governing documents, alteration disputes, and other areas associated with cooperative and condominium buildings and their occupants.

Real Estate Litigation

We represent landlords, tenants, developers, consultants and construction managers and more in litigations that arise from a variety of complex real estate transactions and projects including land use issues, complex commercial lease disputes, restructuring and bankruptcy proceedings, and construction disputes.

Commercial Leasing & Financing Litigation

We represent property owners and developers as well as landlords and tenants in all kinds of lease disputes and other types of real estate litigation. We frequently represent retail landlords in the enforcement of tenant leases through litigation and pre-litigation settlements.

Land Use & Zoning Litigation

Our Land Use & Zoning litigation attorneys have broad litigation experience, including civil litigation in state and federal courts, at both the trial and appellate levels, on behalf of clients facing complex land use issues. We represent clients in all manner of disputes arising from development and construction, including zoning and land use approvals, variances, real property tax matters and environmental issues.

Development & Construction Litigation

Our attorneys represent a diverse client base, which includes developers, public and private owners, designers and consultants, general contractors, construction managers, subcontractors, suppliers, sureties, insurance companies, and lenders in a wide range of development and construction litigation.

Business Litigation

Our attorneys are particularly effective assisting clients implement immediate and future financial needs; at times, these business needs lead to litigation. We represent clients in variety of litigations that arise from business disputes including contracts and labor & employment disputes, civil rights disputes, and white-collar fraud.

Bankruptcy Litigation

Our highly experienced bankruptcy litigators provide clients with expertise in contested matters, both in bankruptcy court and in state and federal courts and bring to the table a unique blend of bankruptcy, litigation, forensic investigation, law enforcement and government regulatory experience. Our litigators have a wealth of experience in corporate finance and a keen understanding of the financial markets and have extensive experience in complex bankruptcy litigation, trials, appeals and mega-case management.

Contracts & Transactions

Balancing legal and practical advice

The attorneys of Smith, Buss & Jacobs provide a strategic mix of practical and legal advice derived from remarkable experience and comprehensive expertise to client’s business transactions. Our attorneys perform extensive due diligence getting to know our clients’ businesses, starting at the roots in order to put our clients in the best position to conduct transactions and protect their interests within the four corners of every document.

Our business attorneys handle contractual needs related to commercial transaction, regulatory, employment and dispute resolution matters and we establish limited liability companies, traditional partnerships, corporations, joint ventures, trusts, and other vehicles suited for the client or the transaction. We also prepare operating agreements, shareholder agreements, buy-sell agreements, confidentiality agreements, employment agreements, deeds of trust and other documents necessary for the efficient management and operation of those business vehicles.

Over the years we have helped clients with business matters from various states and throughout the New York metro area including New York City, Queens, Bronx, Brooklyn, Westchester, Nassau County, Suffolk County, Long Island, and Rockland County.

Buying & Selling

Strategy where it counts

Clients require a trustworthy and strategic team to participate in due diligence regarding the financial and business development histories of potential business partners to establish fair value on either end of a transaction and draw up transaction documents. Our attorneys advise upon debt and counsel sole proprietorships, partnerships and corporations on the reallocation, acquisition and division of business shares or interests.

Our team is well-versed in handling legally binding and complicated matters that occur at all stages of business development and operations such as disputes between owners, keeping the best interests of the business in mind from the immediate to not so distant future.

Financing

Creative solutions and expertise

When it comes to securing financing and safeguarding client finances, we reach across practice areas and apply the resources necessary to manage risk, ensure regulatory compliance, and develop creative solutions for moving business forward.

The evolving landscape of the financial world means that our clients expect comprehensive solutions to a wide range of financial transactions and challenges arising from market regulations, corporate compliance, lending and borrowing, and mergers and acquisitions at the local, federal and international levels. Our team is here to ensure that long and short term fiscal goals are accomplished efficiently, securely and most importantly, discreetly.

Intellectual Property & Technology

Guidance for vital assets

Our attorneys are uniquely equipped to counsel clients in matters involving the full spectrum of intellectual property, privacy, data security and e-commerce issues. Along with assistance to clients whose primary assets are their copyrights, trademarks, patents or trade secrets, we provide a full scope of services to clients whose businesses involve valuable information and intellectual property, including those in the social media, advertising, real estate, e-commerce and health care industries.

We render practical advice on data security and breach response policies, on the selection, adoption and registration of trademarks, and on the use and protection of copyrightable subject matter. We negotiate contracts for the transfer or license of intellectual property rights and render advice on laws relating to the commercial use of public and private information. In connection with corporate acquisitions and divestitures, we undertake thorough intellectual property due diligence and advise on the use of protected intellectual property of newly merged or acquired businesses.

Bankruptcy

Intelligent legal advisory

Smith, Buss & Jacobs provides advice and representation to a wide variety of parties-in-interest in bankruptcy proceedings, including creditors, debtors, bankruptcy trustees and government entities and regulators. Our services range from advice on the bankruptcy process and how a party can best to position itself in chapter 11 proceedings, to sophisticated representation in complex financial and business litigation in the bankruptcy court. We also represent foreign representatives, international clients and other parties-in-interest in cross-border proceedings under chapter 15 of the bankruptcy code.