Practice

We are leaders in matrimonial and commercial litigation in New York, Florida, and nationwide. Our collective training and experience as commercial, criminal, and securities litigators enables us to resolve the most complicated and contentious cases on favorable terms, usually without resorting to trial. A true litigator can try any case. We have. And we still do.

Matrimonial Matters

We resolve sensitive family law matters of every kind, including divorce, complex financial and valuation issues, child custody and visitation, geographic relocation, spousal maintenance and child support, grandparent visitation, paternity matters and negotiation of prenuptial, postnuptial, cohabitation and separation agreements. 

We have represented individuals across the spectrum of industries, including entrepreneurs and business owners, lawyers, financial services professionals, prominent figures in the arts and entertainment, professional athletes, and politicians.

We have represented traditional stay-at-home parents without control over the family’s income or assets, working mothers and fathers, and individuals—such as grandparents—who may have standing to assert custodial rights.

Our experience at the trial and appellate level is unrivaled. We have obtained some of the most significant rulings in matrimonial and family law in New York and Florida.  These include matters featuring complex disputes over the valuation and distribution of an extraordinary range of asset classes, including:

In custody matters, we represent mothers, fathers, same-sex partners and grandparents in matters involving custody, visitation and geographic relocation.

We understand the intensely personal nature of matrimonial disputes, particularly when it comes to custody and access to minor children.  Our lawyers understand that every decision must be made with an eye toward its ultimate impact on our client and his or her family. 

In this respect, we recognize that mental health issues impact our client’s families and matrimonial disputes with great frequency.  We are thus well versed in the Diagnostic and Statistical Manual of Mental Disorders (DSM) and the mental health issues it addresses.

We work with mental health professionals on a regular basis, some treating our clients and others acting as experts we may rely upon in a particular case to educate the Court. 

We have been called upon to defend a parent against cruelly opportunistic attempts to exploit a mental health disorder to gain a tactical advantage in a litigation.  We do this by understanding our client’s condition and treatment protocol and developing the knowledge and expertise necessary to present to the Court in a direct and candid fashion the challenges faced by our client and the benefits of his or her good faith adherence to a plan of treatment.  When necessary, we invoke the protections afforded our clients by the U.S. and state Constitutions, the Americans with Disabilities Act and the decisional authority of the courts.

At other times, we are called upon to represent concerned parents seeking to protect their children from a parent who has rejected his or her diagnosis or treatment plan—which can have a devastating impact on the family. We regularly address substance abuse issues as well, which often correlate to an underlying mental health issue. We have successfully requested and opposed requests for orders compelling random drug and alcohol testing.

We also frequently represent parents of children with special needs, and are often called upon to establish parenting schedules that provide much-needed stability for the children, and legal custody arrangements that ensure a parent will have the ability to obtain necessary services for their children without having to litigate every decision that needs to be made.

Commercial Matters

We take on complex commercial and intellectual property disputes across the country and around the world, and there are few who can navigate the Commercial Division of the New York State Supreme Court as well as we can.

But we are not just “litigators.”  We are trial lawyers, and there is nothing we relish more than giving our clients their day in court. We treat every case as if it will go to trial — a discipline that positions our clients’ matters for the best possible result, whether that is a settlement or a full-on courtroom battle.

Our clients come from a wide range of industries, including financial services, hedge, private equity and venture capital funds, digital media, real estate, e-commerce, mobile data technology, food, cryptocurrency, software, consumer electronics, medical devices, electric power generation, hospitality, music, photography, entertainment, semiconductors, electronic design automation, advertising, film and television, national security, podcasting, and textiles.

Our experience covers a broad range of disputes, including:

Corporate and Financial Litigation

We have decades of experience representing Fortune 500 companies, financial institutions, and their officers and directors in financial and accounting fraud litigation, regulatory actions, partnership disputes, white collar criminal defense, takeover litigation, and negotiating commercially reasonable “exits” from private equity transactions.

Real Estate Litigation

The breadth of our work on real estate matters is extraordinary, ranging from disputes among partners in commercial real estate investments to Supreme Court-based disputes between commercial landlords and tenants.

Intellectual Property Litigation

We help innovators keep their focus on innovating. Our attorneys have extensive experience litigating complex copyright, trademark, trade secret, and licensing disputes for clients in a broad range of disciplines and industries.

Cross-Border Disputes

Whether it be a massive multiparty arbitration before the ICDR, a petition for discovery in aid of foreign proceedings under 28 U.S.C. 1782, or jurisdictional challenges to U.S. lawsuits, we have you covered.

Lawyers & Judges

When members of the judiciary or fellow members of the bar require legal counsel, they often turn to us. We are “lawyers’ lawyers” and have a long track record of defending law firms, lawyers, and judges against claims of professional negligence and misconduct and in other professional and sensitive personal matters

Advanced Technology

As advocates, it is our job to communicate complex concepts in plain English. As strategic advisors, it is our job to understand our client’s business needs and operations. With our experience across industries, you can trust us to learn your business inside and out, no matter how cutting edge it may be.

Alternative Dispute Resolution

We have litigated scores of arbitrations before the AAA/ICDR, JAMS, and other arbitral tribunals. We have represented clients as advocates in over 100 mediations. Of Counsel Michael B. Smith is an MC3-Certified Mediator and a AAA Mediation.org® Affiliate Mediator with experience mediating commercial, intellectual property, and personal disputes.

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