The bankruptcy and creditors’ rights department helps clients navigate financially troubled situations with a combination of crisis management skills and comprehensive, innovative advice. When a company faces financial distress, management, lenders, other creditors, and investors demand effective solutions and practical, experienced, and responsive attorneys. We assist with identifying issues, setting priorities, and allocating resources to maximize and protect our clients’ interests.
We represent clients in bankruptcy, workout, restructuring, and general creditors’ rights matters throughout the United States. Our clients include institutional lenders, manufacturers, retailers, professional service providers, technology companies, and individuals. We serve as counsel to secured creditors, debtors-in-possession, unsecured creditors’ committees, trustees, trade creditors, landlords, equipment lessors, and asset purchasers.
We are active in the areas of:
- Complex Chapter 11 reorganizations
- Chapter 7
- Out-of-court workouts and restructurings
- Debtor-in-possession financing, lending, and use of cash collateral
- Documenting, structuring, and restructuring loans and security interests in all types of collateral
- Litigating preference and fraudulent conveyance actions
- Fiduciary duties of officers and directors in the “zone of insolvency”
- Purchase and sale of assets and stock
- Leases and licenses with insolvent parties
- Foreclosures and UCC sales
- Asset protection
We augment our experience in financial insolvency matters by working with the litigation, real estate, tax, and other practice groups within our firm. The result is exceptional service to our clients with creative, viable, and effective solutions.
We represent and counsel real estate owners, developers, architects, engineers, contractors and lenders in connection with their construction related matters, including but not limited to drafting, reviewing and negotiating: construction contracts and subcontracts, purchase orders, bid packages, lien waivers, construction management, owner’s representative and consulting agreements, architectural and engineering agreements, access agreements, and other construction related agreements across a broad range of project delivery methods. We also have experience litigating, mediating and arbitrating construction and architectural disputes, including but not limited to mechanic’s liens, access issues (RPAPL § 881), construction defects and damages, including condominium sponsor defect claims, breach of construction contract claims, architectural malpractice and other construction related controversies. Our transactional construction team works seamlessly with our Real Estate and Litigation Departments as well as our clients’ outside project team members and risk managers.
Our capabilities include:
- Contracts: Negotiating and drafting construction contracts for small projects to projects in excess of $35,000,000. We work with our clients’ professionals to seek to achieve contractual clarity concerning payment and work schedules, design and insurance coverage necessities for our clients.
- Access/License Agreements: Negotiating and drafting license agreements for parties requesting access and parties providing access. These negotiations can be straightforward, or complicated when adjacent sites are undergoing work or when significant levels of access (including underpinning) are needed. Our attorneys have litigated RPL § 881 proceedings in the Supreme Court of New York seeking access for our clients.
- Construction Disputes: A host of disputes can arise from construction issues, and our attorneys litigate, mediate and arbitrate such issues as contract disputes, quantum meruit claims, structural defects and damages, design defects, lien disputes and other construction related matters
- Mechanic’s Lien: Our attorneys have experience arranging for bonds to be filed with the appropriate clerk as well as challenging mechanic’s liens based upon various available theories available including itemization issues and contract disputes associated with the work performed and monies paid.
- Architects and Engineers: Negotiate and draft contracts for architectural and engineering services. Represent parties involved in architectural malpractice claims.
- Construction Financing: Negotiate and draft financing agreements for construction projects.
- Project Facilitation: Our deep understanding of the construction process enables us to assist in bridging the knowledge gap and cutting through industry jargon, empowering our clients to take ownership of, and give direction to, their projects.
Attorneys in our Construction Group have lectured on insurance and indemnification concerns for parties involved in construction matters, mechanic’s liens, construction basics and more advanced construction topics.
Our Corporate Team
Our corporate department delivers ongoing, in-depth service from experienced attorneys who often function as “in-house” counsel for the firm’s clients.
Instead of merely consulting clients on specific legal matters, we make ourselves available as a sounding board for business decisions. Our imaginative, business-oriented legal advice helps clients evaluate opportunities and meet their objectives in an increasingly complex legal and business environment.
We have deep experience in a broad range of areas, including mergers and acquisitions, executive employment and severance arrangements, and domestic and international joint venture and licensing agreements. The department also counsels mid-sized privately held businesses, high net worth individuals and senior executives in all aspects of their business and commercial transactions.
Our corporate clients span a wide range of industries including architecture, design, education, home furnishing, luxury products, fashion, environmental, engineering, staffing, travel, security, marketing, strategic research, professional firms, consulting companies, real estate and hotel owners and operators, foreign-based entities with U.S. operations or investments, family-owned or controlled businesses, proprietary schools and other educational institutions, women-owned businesses, and foundations and non-profit organizations and associations.
Our Litigation Team
Our litigation department is widely considered the equal of those at New York City’s largest law firms. We have extensive experience in litigating a broad range of commercial matters and are active in the following areas:
• Real estate
• Contracts and other commercial disputes
• Business fraud and other business torts
• Securities and corporate
• Banking litigation (including disputes regarding sanctions regulations administered by the U.S. Treasury Department’s Office of Foreign Assets Control)
• Executive employment (including disputes regarding restrictive covenants)
• Trade secrets
• Construction disputes (including architectural malpractice)
• Bankruptcy, fraudulent conveyance, and insolvency litigation
• Creditors’ rights
• Defamation and related torts
• Insurance coverage
We try cases and argue appeals in courts throughout the nation, and have served as lead and liaison counsel in the defense of complex multi-defendant class and derivative actions. In addition, we are active in domestic and international arbitrations and alternative dispute resolution forums.
The firm’s litigators have had rigorous professional training in large law firms and as judicial clerks in federal courts. Our partners play a hands-on role in every case and direct the associates at each stage of the litigation process. We staff cases leanly and efficiently. By maintaining a high level of communication between clients and attorneys, we are able to act with maximum effectiveness in our clients’ interests.
Our Matrimonial & Family Law Team
The matrimonial and family law department handles settlement negotiations and litigation in contested divorce actions, custody and relocation litigation, enforcement litigation, paternity actions, and the negotiation of pre- and post-nuptial agreements.
As matrimonial and family law have evolved, certain areas have become considerably more complex. Equitable distribution and valuation issues in high-asset marital estates now require experience and depth.
Our attorneys are actively involved in a range of matters related to matrimonial and family law, including:
- Pension and retirement plans
- Tax shelters and investment entities
- Professional practices and licenses
- Closely held corporations
- Stock options and grants
- The valuation of enhanced earning capacity and celebrity status
Matrimonial and family law cases often precipitate issues relating to other areas of the law. As part of a small, full-service law firm, we have easy access to partners in tax, trusts and estates, real estate, and litigation. Our clients know that should these other issues arise, they will receive the personal attention of a trusted colleague who works with their matrimonial lawyer regularly.
We know that the matrimonial cases we handle are not just about money, but also about the well-being of our clients and their families. Among us is a certified Law Guardian who acts as a court-appointed advocate for children in custody cases. We make a point of providing sensitive advice and counsel to the individuals we represent, knowing that they require our assistance at a critical time in their lives.
While attorneys in the department have been successful in the trial and appeal of matrimonial litigation, the department believes that litigation is the least effective way to achieve a desirable solution. The department has succeeded in settling well over ninety percent of its cases.
As an outgrowth of our commitment to achieving private settlements is a special alternative dispute resolution process created by the department’s partners. In this process, a partner meets with both parties in an attempt to craft a dissolution of the marriage that is fair, equitable, and to the parties’ mutual benefit.
Our Real Estate Team
Katsky Korins LLP’s Real Estate group has been operating since 1978 and services clients in a broad spectrum of real estate transactions throughout the United States. Our group represents a wide range of clients in a wide range of asset categories with transactions ranging from small to those valued in excess of one hundred million dollars.
We represent real estate owners, lenders, investors, developers, tenants, property managers, condominium and cooperative boards and not-for-profits, amongst others, in connection with all aspects of owning and operating commercial and residential real estate. Our clients come from varying industries such as the hospitality, restaurant, media, and retail and industrial industries. Our representation includes commercial and residential acquisitions, sales, financing, leasing, construction, access licenses, forward and reverse I.R.S. § 1031 exchanges, land assemblages, restructuring, and condominium and cooperative matters.
Our capabilities include:
- Acquisitions & Sales: We represent both sellers and purchasers in connection with the acquisition and sales of all asset classes throughout the United States, including air rights and zoning lot development rights.
- Financing: We represent institutional and mezzanine lenders and borrowers in connection with acquisition, bridge, construction, restructuring and permanent financing, including balance sheet and securitized loans. We also represent lenders, investors and operators in connection with secured and unsecured preferred equity investments.
- Leasing: We represent both landlords and tenants in connection with drafting, negotiating and reviewing leases, licenses and related documents for commercial and residential properties and for future development of raw land. We also represent both landowners and lessees in long-term ground leases. We provide ongoing support and advice to our clients, as needed, during the terms of their leases.
- Joint Ventures: We represent both developer and investor clients in the negotiation of joint venture and partnership agreements in connection with the development, ownership and management of property, and pride ourselves in formulating creative solutions to the difficult issues that arise in the negotiation of joint ventures and partnerships.
- I.R.S. § 1031 Exchanges: We work with our in-house tax department to creatively and effectively represent our clients in connection with all aspects of their tax deferred exchanges, including forward and reverse exchanges, “drop and swap”, co-owner and investor (domestic and foreign) buyouts, tenancy-in-common agreements and redemptions, at all stages of an exchange.
- Condominium and Cooperative Matters: We represent boards of managers and directors in connection with the governance of their condominium and cooperative organizations. We also represent unit owners and shareholders with issues relating to their unit and/or governance of their building.
- Construction: We represent developers, general contractors, architects, and engineers in the negotiation and drafting of design, consulting, and construction agreements for projects ranging from thousands to tens of millions of dollars in scope.
- Access/License Matters: We represent those developers and contractors seeking access as well as neighboring property owners providing access to their properties in the negotiation and drafting of access license agreements for construction projects and affected neighbors.
Our group works seamlessly with our firm’s Corporate, Tax, Bankruptcy and Litigation practices, among other areas, in order to efficiently and comprehensively represent our clients and address all aspects of our client’s real estate issues and needs.
Our Trusts & Estates Team
The members of the Trusts & Estates Department understand that successful planning requires knowledge of complex federal and state tax laws and sensitivity to the deeply personal objectives of our clients. We are dedicated to providing each client with individualized attention while utilizing our considerable experience to tailor a plan that is responsive to the interests and wishes of the client and family members. As needed, we focus on wealth preservation goals, personal and business succession intentions, liquidity needs and philanthropic aspirations. We also encourage our clients to consider the financial issues presented by serious illness and end-of-life matters.
Our practice encompasses basic and sophisticated domestic and international estate planning for a broad spectrum of individuals and family groups, including corporate executives, entrepreneurs and other high net worth individuals, artists, entertainers, athletes, writers, families with generational wealth and young families just beginning to plan for the future. The members of the Trusts & Estates Department have significant experience with gift and estate planning with trusts, family entities, insurance, charitable dispositions and foundations. We help our clients resolve both simple and complex problems in a cost-effective, efficient and sensitive manner. We also advise individuals and corporate fiduciaries with respect to the intricacies of the proper administration of estates and trusts.
Because the Trusts and Estates Department is well-integrated with the other practice groups within the firm, our clients benefit from the comprehensive knowledge base provided by a full-service law firm. We often act as our clients’ trusted advisors on issues unrelated to trusts and estates planning and serve as a bridge to the attorneys in other practice groups.
The tax department works extensively with the corporate and real estate practice groups to advise real estate investors, developers, syndicators, and other professionals. This advice often concerns tax issues in the formation of partnerships and limited liability companies and in the acquisition, operation, and disposition of properties.
The tax department also assists clients in structuring mergers and acquisitions, redemptions, and similar transactions. We help clients understand the tax ramifications of specific ways of structuring these agreements.
We have also assisted our clients in structuring a range of new business ventures, including their executive compensation programs and compensation and option plans.
In addition, we have extensive experience representing taxpayers under audit and in tax controversies before federal, state, and local tax authorities.
Bankruptcy & Creditors' Rights
Bankruptcy and creditors’ rights department helps clients navigate financially troubled situationLearn More
We represent and counsel real estate owners, developers, architects, engineers, contractors and lendersLearn More
Experienced attorneys who often function as "in-house" counsel for the firm’s clients.Learn More
Our litigation department is widely considered the equal of those at New York City’s largest law firms.Learn More
Matrimonial & Family Law
Handling settlement negotiations and litigation in contested divorce actions.Learn More
Operating since 1978 and services clients in a broad spectrum of real estate transactions throughout the United States.Learn More
Trusts & Estates
Our members understand that successful planning requires knowledge and sensitivity.Learn More
Working extensively with the corporate and real estate practice groupLearn More