Phillips Lytle LLP

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Business & Commercial Litigation

Phillips Lytle has one of the largest Business & Commercial Litigation Teams in Upstate New York. Covering every corner of New York State, in all courts and tribunals, we provide New York City legal excellence at Upstate New York rates. Our attorneys have extensive experience in all phases of disputes, including banking, contracts, sales and product distribution, services, financing, construction, insurance coverage, joint ventures, employment, franchising, licensing, leasing, real estate finance and development, trusts, shareholder and partnership disputes, and contract disputes. We are well versed in the Uniform Commercial Code and other commercial statutes; antitrust and trade laws; securities laws; RICO; dealer acts; intellectual property laws; corporation and business organization statutes; and common law principles including fraud, conversion, defamation, unfair competition, and tortious interference in all types of business disputes.

At Phillips Lytle, the bench strength of our Business & Commercial Litigation Team brings to bear unique case management skills and techniques necessary for success in commercial litigation. Our experience and knowledge of numerous industries, manufacturing processes, product distribution, business relationships, contracts and financing enable us to quickly get up to speed, and render timely and informed opinions about the potential risks and rewards of various dispute resolution strategies. The outcome of many business disputes is influenced by strategic decisions made early in a case. For instance, many business disputes are won or lost in injunction proceedings that take place early in a case, on an expedited basis. We pride ourselves on the speed with which we are able to prosecute, or mount an aggressive defense to, injunction proceedings, and we are proud of our results in those proceedings.

Corporate

Phillips Lytle’s Corporate Practice is comprised of highly experienced attorneys, several of whom are listed in the prestigious The Best Lawyers in America.® This group is structured around the main issues faced by our corporate and business clients.

Our Corporate attorneys assist our business clients in the successful completion of basic and complex transactions. Our attorneys advise clients on the structure and formation of new business entities, and take them through mergers and acquisitions. We also advise our clients about the tax issues involved in all types of transactions. In addition, we guide our clients in meeting all types of operational challenges throughout the United States and internationally.

Our Corporate Practice encompasses:
* Selection, structure and formation of startup business entities
* Business entity capitalization and financing
* Mergers, acquisitions, divestitures and reorganizations
* Venture capital transactions
* Public and private securities offerings
* Securities regulation
* Joint ventures and strategic alliances
* Not-for-profit and tax-exempt entities
* Licensing and distribution
* Antitrust and trade regulation
* Corporate governance
* Corporate compliance programs
* Executive employment and compensation

CLOSELY HELD BUSINESSES

As many of Phillips Lytle’s clients are closely held, family-owned and entrepreneurial businesses, we have developed a legal practice that specifically addresses the needs of these entities. We understand our small business clients’ desire for pragmatic and efficient legal counsel, and we help these clients deal with the myriad issues that arise in the normal course of business, including:
* Entity selection, formation and financing
* Ownership and management structure
* Accessing private capital
* Accessing public economic development programs
* Protection of proprietary rights
* Managing growth through strategic partnering
* Business succession planning

We also have been intensively involved in dealing with shareholder disputes, conflicts among family members, integrating and compensating key employees who are not family members, and working out equitable arrangements for family members not involved in the family business.

Labor & Employment

In today’s market, employers face an ever-increasing number of laws and regulations governing their business and employee relations. For employers to effectively navigate the complex world of labor and employment law, they need the help of experienced attorneys who understand the intricacies of both the law and the workplace. From small businesses and not-for-profit organizations to Fortune 500 companies, our Labor & Employment attorneys work with our clients to provide practical advice and develop risk management strategies to achieve their business goals - and reduce the chance of litigation. Should litigation arise, we vigorously defend and advocate for our clients and our clients’ rights. What sets us apart is our commitment to understanding our clients’ businesses and providing them with the most effective legal advice to meet their objectives.

Our attorneys have been counseling employers in New York State since the firm’s founding more than 175 years ago. We continue our proud tradition by advising and representing today’s businesses on the full range of current labor and employment issues. Our attorneys know the labor and employment problems and issues employers face today and have real-world, hands-on experience helping solve them. We have been in the courtroom, at the negotiating table, the picket line and everywhere else our clients have needed us. We understand that every issue our clients face, no matter how small, is important and deserves our best effort. We are committed to providing our clients with prompt, practical and effective advice and representation whenever and wherever they need help.

Our attorneys are experienced in labor relations law, employment law and litigation, federal and New York wage and hour law and litigation, OSHA, workplace torts, employee disloyalty, non-competition agreements, risk management and alternative dispute resolution, among other areas. We regularly handle matters in federal and state courts and before federal and state agencies that regulate the labor and employment area, including the EEOC, NLRB, New York State Division of Human Rights, OSHA, the U.S. and New York Departments of Labor and PERB.

We help employers with these and other workplace matters:

Advice and counseling
* Workplace issues
* Employee discipline
* Employee leaves
* Employee manuals and policies
* Employee privacy
* Independent contractors and contingent workers
* Severance agreements
* Substance abuse and drug testing
* Wage and hour issues

Employment litigation
* EEOC and state agency charges
* Employee disloyalty
* Employment contracts
* Federal and state court employment discrimination litigation
* Non-compete and restrictive covenants
* Workplace torts
* Wrongful discharge

Labor relations law
* Collective bargaining
* Grievance and arbitration proceedings
* Strikes
* Unfair labor practice charges/improper practice charges
* Union avoidance
* Union organizing

Workplace health and safety (OSHA)
* Compliance
* Investigation defense
* Litigation

Alternative dispute resolution
* Arbitration
* Mediation
* Negotiation

Training programs/risk management
* Conducting investigations
* Discipline and discharge
* Drug testing
* E-Discovery/electronic communications management/preservation
* Interviewing and hiring
* Leaves of absence
* Reasonable accommodation
* Sexual and other harassment
* Workplace violence

Wage and hour compliance and litigation

We have successfully represented and defended our clients in every region of New York State in all types of labor relations, discrimination and employment matters, including claims under the National Labor Relations Act, Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the New York Human Rights Law, the Family and Medical Leave Act, the Fair Labor Standards Act and the New York Labor Law. We have obtained jury verdicts and had summary judgments granted dismissing all types of labor and employment claims.

Our attorneys also litigate employment contract claims, employee non-compete agreements, wrongful discharge claims and employee disloyalty claims. In addition, we defend workplace torts, such as defamation, assault and battery, and infliction of emotional distress.

We have successfully argued appeals for our clients before the Second Circuit Court of Appeals, all New York State Appellate Divisions and the New York State Court of Appeals.

We send our clients regular updates via The Working Paper, a newsletter that covers labor and employment law, with a spotlight on new decisions and trends that may impact them. We also present seminars that cover the latest developments and areas of interest.

Phillips Lytle LLP
3400 HSBC Center
Buffalo NY 14203-2887
Tel: 716 847-8400
Fax: 716 852-6100

New York State Law Firm

Phillips Lytle LLP, full-service New York State law firm. Practice areas include Banking, Business, Environmental, Labor, Personal Injury and Real Estate.