Practice Areas

 

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, mediation, facilitation, mini-trials, and private judging. 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.

 

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.

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.

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 originated. We are sensitive to the special needs of international businesses and bring the experience and perspective of the international arena to our domestic businesses clients.

 

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, New York State Department of State and the New York State Department of Education, by way of example, have all adopted codes and regulations of professional responsibility. We represent clients in administrative hearings when allegations of impropriety are raised by governmental authorities or professional organizations.

 

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- Our firm handles insurance litigation involving insurance and reinsurance companies.

Product Liability- Our firm advises both domestic and foreign manufacturers and distributors concerning risk evaluation with respect to product liability claims in the United States. We have an excellent 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- Our firm represents many real estate brokers and professionals in the Downstate region concerning regulatory issues before the Department of State as well as the prosecution and defense of brokerage commission cases, breach of fiduciary obligation, fair housing issues, anti-trust litigation and contractual improprieties. Our firm conducts risk reduction seminars in assisting our clients to avoid future pitfalls in the industry.

Entertainment Industry- We represent persons in the entertainment industry in litigated matters.

 

 Our firm represents clients in probate and estate administration. Probate is the legal process by which a decedent’s estate is transferred pursuant to the directions of a last will and testament.  Estate Administration transfers the assets of a decedent when no last and testament was ever executed.  In the course of the Administration of an estate when a decedent died intestate (without a Will), the laws of the individual state directs the manner by which assets are to be distributed.  State laws and procedures vary greatly, it is therefore important to consult with an attorney to ensure that the deceased's assets are distributed correctly.

 

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

Accounting Malpractice- Our firm specializes 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.

 

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
Disputes Between Adjoining Landowners
Development Agreements
Construction Contracts
Leases (Residential & Commercial)
Easements
Title Issues
Tax-Free Exchanges
Real Estate Brokerage/Commissions Litigation