Alternative Dispute Resolution (Arbitration and Mediation)

Alternative Dispute Resolution (ADR) is the process of resolving legal conflicts without going to trial. At Capuder Fazio Giacoia LLP, we are at the forefront of this area, advising clients on arbitration and mediation. We have expertise in determining when a form of ADR is in the best interest of clients and meets their needs better than traditional litigation.

Business and Commercial Law

We provide a wide variety of services to business clients including assisting in selecting the type of organizational entity under which to operate, negotiating and preparing business agreements, assisting in the sale and purchase of a business, obtaining financing and funding for business operations, and assisting in dissolution or business succession.

Business Organizations – The form of entity selected for the conduct of a business greatly impacts upon the daily operations of the business and has consequences to both the business and its owners. We assist clients with this step of business formation by reviewing the goals and individual facts present in each situation to recommend the best entity-selecting from limited/general partnerships, limited liability companies, or corporations, and the different elections or options available under each. We advise business clients from the initial conference and entity decision-making, through document preparation and filing with appropriate authorities, to post-formation activities such as preparation and adoption of bylaws and director/shareholder resolutions. We also handle asset purchase agreements and non-competition issues.

International and Domestic – Our firm has for many years helped European and Asian clients enter and conduct business in the United States. This country represents a vast market whose legal system, overlapping jurisdictions, and business culture are unlike those of countries in which many of our clients first grew. We are sensitive to the special needs of international businesses. We bring the experience and perspective of these international contracts to bear on our domestic businesses clients as well.

Ethics and Professional Responsibility

Our firm represents professionals dealing with their obligations to adhere to codes of conduct applicable to their particular professions. The American Bar Association, American Institute of Certified Public Accountants, National Association of Realtors, the Appellate Divisions of the Supreme Court of the State of New York and the New York Department of Education, by way of example, have all adopted codes of professional responsibility that must be followed failure to do so often has legal implications.

Litigation and Appeals

Court proceedings are governed by specialized rules of civil procedure and evidence, the application of which may be just as essential to a person’s success as the applicable statute, regulation or precedent. Knowledge of the law and of the type of evidence necessary to support a position must be accompanied by a clear understanding as to how to discover that evidence before trial and to obtain its admission at trial. We understand that when evaluating litigation as an option, a client is best served at the outset by considering the evidence that is likely to be admitted at trial.

Our litigation practice, including appellate work, is tailored to the needs of each client.

Business Litigation – We represent and advise business clients who are or might become involved in a lawsuit as a result of a dispute. Our areas of business litigation expertise include contracts, product liability, employment-related matters, general business matters, as well as litigation prevention and settlement.

Civil Rights and Free Speech – We have for many years represented clients in litigation raising free speech and defamation claims.

Insurance Law – Capuder Fazio Giacoia LLP handles insurance litigation involving insurance and reinsurance companies.

Product Liability – The firm advises both domestic and foreign manufacturers and distributors concerning their risks with respect to product liability claims in the United States. Capuder Fazio Giacoia LLP has an excellent track record of representing parties in litigation that involve claims of injury as a result of an allegedly unsafe product that was designed, manufactured, sold, or furnished by a person or company.

Real Estate Brokerage/Commission Litigation – Capuder Fazio Giacoia LLP represents many real estate brokers and professionals in the New York City area concerning regulatory issues before the Department of State as well as the prosecution and defense of brokerage commission cases. Our firm conducts risk reduction seminars in assisting our clients to avoid future pitfalls in the industry.

Entertainment Industry – We represent prominent persons in the entertainment industry in a variety of litigated matters.

 

Probate & Estate Administration

We also are experienced in probate and estate administration. Probate is the legal process by which a person’s debts are paid and assets are distributed upon her or his death. Estate Administration includes the probate process as well as non-probate transfers of the deceased’s assets. Individual state laws direct the probate court how to distribute the deceased’s estate. State laws and procedures vary greatly, so, it is important to consult an attorney with expertise in this area of the law to ensure that the deceased’s assets are distributed correctly.

Professional Liability Litigation and Risk Management

Our attorneys are experienced in professional liability matters in the legal, accounting and other professional fields.

Accounting Malpractice – Our firm is experienced in litigation concerning negligence, fraud, and other irregularities in accounting practices as well as securities claims arising from accountants’ involvement with issuers.

Brokers – Closely akin to malpractice are suits concerning errors and omissions of real estate and insurance brokers. We have extensive experience in these highly specialized areas as well.

Legal Malpractice – We have many years’ experience litigating cases concerning attorneys, including cases based on theories of negligence, fiduciary duty, defamation, fraud, and statutory claims such as those under state and federal securities laws and New York Judiciary Law § 487.

Personal Injuries and Wrongful Death

At Capuder Fazio Giacoia LLP, we represent plaintiffs and defendants in the area of personal injury litigation. Our firm provides a solid legal framework to meet all of our clients’ needs in such matters as false arrest, assault, motor vehicle accidents, premises liability, slip and fall, and injuries caused by the negligent design and use of a product. Our firm’s attorneys are thorough in the protection of our clients’ rights through both settlement and trial of the action.

Real Estate

Capuder Fazio Giacoia LLP, has a broad-based real estate practice and represents clients in all aspects of real estate transaction and ownership issues. Some examples of the legal services we provide in this area include:

  • Real Estate Purchase and Sales Transactions
  • Closings
  • Disputes Between Adjoining Landowners
  • Development Agreements
  • Construction Contracts
  • Leases
  • Easements
  • Title Issues
  • Tax-Free Exchanges
  • Real Estate Brokerage/Commissions Litigation