In the contractual context in particular, an “ounce of prevention” strategy is important. Good contracts help prevent litigation. If a contract is worth signing, it should be reviewed by an attorney — even if the review can be completed in a few moments at no charge. The best contracts are simple yet comprehensive (to maximize the chances of a successful transaction) fail-safe in the event something goes wrong (to minimize the chances of litigation), and customer-friendly where applicable. They should take full advantage of technology to maximize versatility and minimize cost.

If there are no alternatives, we are experienced in business litigation in state and federal courts, and we bring our philosophy of sophisticated simplicity to the courtroom in the service of our clients.

We advise buyers and sellers, as well as real estate professionals, regarding all aspects of commercial real estate law. We assist in the negotiation and drafting of leases and sales/purchase agreements for commercial (as well as residential) purchasers and sellers. We advise commercial landlords and tenants, provide real estate transactional work, draft and file mechanics liens, and handle both prosecution and defense of foreclosure actions.

Our experience in technology law encompasses more than just the internet. We have decades of experience in such areas as software development and licensing agreements, telemarketing rules, trade secret enforcement, non-competition provisions, and non-disclosure issues.

How can one minimize the chances of being accused of copyright or trademark infringement, and what should one do if it happens? If a business sells brand-name goods, can it buy online advertising using those brand names as keywords? Are domain names that use brand names protected in foreign countries?

When should one register a trademark? When is it permissible to license a trademark? Is it ok to refer to another company’s brand name on one’s website? What’s the significance of a trade name registration? Can store design or color schemes of a website be protected? Can trademarks be bought and sold? We routinely answer such questions in the course of helping companies and individuals protect their intellectual property.

Our attorneys are well-versed in such matters. For many years we have helped both domestic and foreign companies successfully conduct business internationally.

More than any other area of our practice, estate planning has been dramatically influenced by recent changes in American society and law. These days, everyone needs to pay careful attention to estate planning – no longer for the primary purpose of reducing taxes (which have been lowered or eliminated except for non-citizen spouses), but to avoid unexpected and undesired outcomes.

Here’s why: Same-sex marriage is now legal everywhere in the United States. One might think that in the wake of this ruling, all the so-called “Defense of Marriage” acts, both state and federal, (DOMA laws) have all been overturned – but that’s not the case.

The provisions of DOMA laws that specifically target gay couples have indeed been invalidated. But while the intent of DOMA laws was to target gay couples, they are broadly written so as to disadvantage all unmarried couples — and the Supreme Court did not overturn those provisions targeting unmarried couples generally. Thus, federal and state DOMA provisions still affect a lot of people: Less than half of U.S. households are headed by married couples. More than 40% of all babies born in the U.S. are taken home by people other than heterosexual married couples.

Everyone who has loved ones – married or unmarried, straight or gay – needs to think about what could happen “if”. Not just death, but injury, incapacity, relationship breakup, sudden wealth, or retirement. Now more than ever, planning is a necessity. Anyone who has a non-citizen spouse needs to make special arrangements as well.

When someone dies, a probate proceeding is NOT automatically started! Someone — an executor named in the will, a relative, or an interested party – has to notify the probate court, submit the death certificate, and commence the proceeding. Surviving relatives of the deceased should make sure a probate proceeding is begun without delay; otherwise, the more time that is allowed to pass, the greater the likelihood that the assets will be dissipated or stolen.

A probate proceeding can be quite simple if the deceased had few assets and/or if he or she set up a trust rather than a will as the main estate planning, or can be very complex if the deceased had a lot of wealth and no trust, had a variety of assets in different jurisdictions, or had many children by different marriages. Uncertainty regarding the existence or revocation of a will, a defectively executed will, and uncertainty about next of kin, also can complicate matters.

One question that arises fairly frequently (when someone is unpleasantly surprised by what is in a will) is whether a will can be set aside because the deceased was under undue influence of someone else when the will was executed. The answer is usually “no”; if the will reflected the desire of the deceased at the time it was signed – even if the deceased was unduly influenced by a relative or friend – chances are it cannot be set aside.

Most people, even those of us who have modest assets and simple desires regarding what should happen to them, prefer to have an estate plan in place well in advance. Nonetheless, it is not unusual for us to provide estate planning services in the waning hours of life, followed by (coordinated) probate services therafter.

We frequently work with tax advisers and financial planners. Since unlike attorney-client communications, communications with tax advisers or financial planners are not privileged, we recommend that any sensitive matters of concern, such as prenuptial planning, family conflicts, questions of legality, or specific concerns about potential future liability, be discussed with us first.

In order to properly function, asset protection measures must be practical, simple, and realistic, and they must take into account “worst case” scenarios. For example, so-called domestic (non-offshore) asset protection trusts set up in one state may be ignored at the federal level or by other states. A homestead exemption means little if the amount of the mortgage is near the market value. In any event, there are many practical measures that, when properly selected and implemented, can effectively protect business and personal assets.