Represented private companies from inception through growth and expansion in manufacturing of food to footwear, retail and wholesale sales and distribution, from industrial equipment to personal luxury items, personal services of mortgage brokers and engineers, and businesses such as alternative energy, health care, technology, hospitality, and real estate development.
In private practice handled mergers and acquisitions, partnerships, particularly dissolutions and separations of partners, succession planning of closely held businesses. Extensive experience with family owned businesses. Administrative agency assistance and regulatory work in banking, alternative energy and utilities. Legal issues in mediation touched or focused on many of the above but especially on contract, franchise, UCC and distribution matters, and partnership and co-owner disputes.
In mediation co-debtor, guarantor, partition, indemnification, contribution, and exemptions. Practice included all creditor matters mediated plus workouts, intercreditor matters, mortgage insurance, foreclosure, deed in lieu of foreclosure, each for debtors, secured and junior secured creditors and equity holders.
In mediation can handle: Avoidance actions of fraudulent conveyances and preferences and claims eligibility. Practice included counsel on lender liability, stay relief, equitable subordination, contested plans, employment, leases, sales, administrative claims, avoidance actions and claims.
Real Estate Issues
In mediation partition between related and unrelated parties, including unmarried couples, abutters and members of a once-family compound at a lake or other recreational area, title disputes, leases, private, municipal or institutional foreclosures. The foregoing involving parties including title insurance companies, creditors, current and prospective title holders and lenders and other interest holders. These mediations invariably include issues related to easements for railroads, utilities, views, flowage, agricultural, light and conservation, successors in interest and standing. Practice included all types mediated plus ground leases for businesses and purchase and sales of all kinds, and quiet title actions.
Mediation and practice included restrictive covenants, independent contractor status, unemployment compensation, harassment, termination, reduction in force, and evaluation. Experience in all of these matters as a manager except restrictive covenants.
In mediation, including multiple wills and trusts disputes, in terrorem clauses, accounting claims, undue influence, competency, fraud, adult and child guardianships, proper exercise of powers of attorney, creditor claims, claims priority and tax matters. Parties usually number 4 or more.