Cole Schotz’s Bankruptcy & Corporate Restructuring practice is a distinguished and nationally renowned full-service group that is regularly cited in Chambers USA: America’s Leading Lawyers for Business and lauded for a track record that boasts unparalleled effectiveness, success and value.
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Our Blockchain Technology and Digital Currency Group has closely monitored the evolving legal and regulatory landscape surrounding the advent of blockchain technology. We are experienced and ready to assist companies and applications utilizing public blockchains and private ledgers in every stage of their businesses, including: + Read more
Cole Schotz’s multi-faceted practice is uniquely well-suited for investors and entrepreneurs alike with respect to the emerging cannabis industry and the opportunities and challenges it presents. + Read more
Cole Schotz provides comprehensive construction related services for every phase of construction projects, both public and private, throughout the country. Our group is comprised of attorneys with transactional, litigation, environmental and regulatory expertise. + Read more
Cole Schotz provides practical advice regarding all business matters, from simple governance issues to complex corporate transactions. We assist companies in achieving their short- and long-term business objectives, whether they are public corporations, closely held and family owned businesses, or sole proprietorships. + Read more
We value our close working relationship with clients and the trust they place in us to address and resolve complicated and often sensitive employment issues. Our attorneys provide preventive counseling and guidance to both large and small employers on a wide range of compliance issues and evolving statutory and common law requirements. This includes those related to wrongful discharge, discrimination, retaliation, sexual and other forms of harassment, family and medical leaves of absence, disability, substance abuse, wage and hour, and restrictive covenant trade secret and other related issues.
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Our Environmental Law department is vibrant, growing and ideally situated to assist those who buy, sell or conduct business on commercial or industrial property where environmental risks can create significant challenges to business ventures.
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The Cole Schotz Healthcare Group, led by Paul W. Kim, Esq., a former employee of the Centers for Medicare and Medicaid Services, represents a variety of individuals and corporations in the healthcare industry including:
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If you create it, we can help you protect it, enforce it, and monetize it. For years, the Intellectual Property team at Cole Schotz has been partnering with clients to provide superior quality service at unmatched value. Our recipe includes superior quality work product, aggressive advocacy, business-focused counseling, creativity, responsiveness, and integrity. + Read more
In the wake of the ongoing COVID-19 pandemic, Cole Schotz’s Real Estate Special Opportunities group has been active in advising clients on the issues being confronted today, and opportunities that will arise as parties seek to monetize assets and/or deploy capital in the weeks and months to come. + Read more
In today’s ultra-competitive food and beverage marketplace, where guests are sophisticated and business challenges come from both expected and unexpected places, it is imperative that foodie entrepreneurs, restaurant groups, celebrity chefs, craft brewers, hotel owners and investors engage a strong team of advisors to limit bumps along the road to success.
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The players in the world of sports go far beyond those performing on game day. Whether you are an athlete, sports-related organization or supplier to the industry, our experienced team is ready to assist. + Read more
The Cole Schotz Tax, Trusts & Estates attorneys counsel individuals and businesses in a range of tax and estate planning strategies. Our clients include owners of family businesses where succession planning and asset protection are linked, and individuals of substantial means who wish to take advantage of sophisticated tax planning techniques to retain and build their wealth for future generations.
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At times, individuals and corporations may unwittingly run afoul of the law and government regulations. Ordinary commercial disputes can give rise to allegations of fraud and abuse. Grand jury subpoenas may be directed at innocent targets and present logistical record-gathering challenges for legitimate businesses. + Read more
Professional services firms are businesses and like other commercial entities they face the challenges of doing business in a competitive marketplace. Cole Schotz has experience handling commercial disputes for all types of professional services firms -- from publicly-traded-traded financial advisory firms to small and mid-size law firms and accounting firms.
Even the most reputable and diligent professionals are not immune from claims of negligence, malpractice or regulatory action. We understand that an assertion of malpractice or negligence can damage reputation and disrupt business. Our experience in defending against such claims has proven invaluable to our clients.
For decades, we have counseled professionals on the sensitive issues unique to their business endeavors. Drawing on the broad experience across our firm, we respond to the needs of those facing potential licensing or liability concerns. Services include:
• Professional liability
o Defend against bankruptcy related claims
• avoidance actions
• fee objections and disgorgement claims
• D&O insurance claims
o Defend against claims of malpractice and negligence
• Legal malpractice
• Accounting and tax malpractice
• Government investigations
o SEC investigations and enforcement proceedings
o Grand jury investigations – white collar
o False Claims/Qui Tam (whistleblower)
• Risk/solutions management
o Expert witness
o Employment and partnership disputes
o Information governance and eDiscovery
o Class action
Professional Services Litigation Representative Matters
Represented an international consulting and financial services firm in connection with collecting unpaid invoices for services rendered. Our representation included commencing lawsuits and arbitration proceedings in various jurisdictions. We also counseled this client with respect to the content of their client engagement agreements to provide them with the most protection in the event of litigation.
Represented one of the leading criminal defense firms in New Jersey to defend a fraudulent transcript complaint filed on behalf of a Chapter 7 bankruptcy trustee. The trustee sought damages of approximately $1.4 million. We withdrew the reference to the Federal District Court and, after extensive discovery, moved for summary judgment. The motion was granted in an opinion and the complaint was dismissed. Thereafter, plaintiff’s appeal to the Third Circuit was settled for a nominal payment.
Represented a large full-service advisory and accounting firm in relation to a complaint alleging that the predecessor in interest to the accounting firm, was grossly negligent and or acted with reckless disregard or willful misconduct in the preparation of audited financial statements for a retirement plan. Involved before the complaint was filed, representing the accounting firm and working closely with its in-house professionals, we conducted detailed analysis and diligence regarding the potential outcomes of any litigation and sought to engage the trustee in settlement negotiations. After the complaint was filed, we filed a motion to dismiss on, among other things, constitutional grounds that even if the retirement plan was damaged by an act or failure to act by the accounting firm, the debtors’ estates were not damaged; any damage was to the retirement plan and the beneficiaries. Moreover, because the debtors’ estates were not damaged, the trustee had no constitutional standing to bring the claim. The Bankruptcy Court dismissed the malpractice claims. The decision was upheld on appeal to the District Court.
Represented a prominent New York City criminal defense firm in connection with a Chapter 7 trustee’s attempt to recover a retainer and subsequent payments to the firm that allegedly originated from an offshore trust the Chapter 7 trustee claimed was property of the client/debtor’s bankruptcy estate. We obtained summary judgment in the Bankruptcy Court, and affirmances in both the United States District Court for the District of New Jersey and the United States Court of Appeals for the Third Circuit.
Represented a group of financial restructuring professionals in connection with an arbitration brought by their former employer (a publicly-traded financial advisory firm) in which the former employer asserted contract and tort claims relating to the employees’ departure and establishment of their own firm.
Represented a consulting firm in litigation against a former employee for cyber defamation and libel, obtaining a favorable out-of-court settlement that included both a retraction and removal of all offending content and a substantial monetary payment.
The materials on this site have been prepared by Cole Schotz P.C. for general informational purposes only and are not intended to constitute legal advice. Viewers should not act upon this information without seeking professional counsel on the specific facts and circumstances in question from an attorney licensed in their jurisdiction. Use of this site does not create an attorney-client relationship between the user and Cole Schotz or any lawyer(s) within the firm. Any information sent to Cole Schotz or its lawyers through this site will not be treated as confidential and is not protected by the attorney-client privilege.