General Practice & Litigation

Residential and commercial estate;  litigation, including trial and appellate; divorce and custody; wills, trusts and probate;  business law; tax; creditor and debtor rights, including bankruptcy; foreclosure, evictions and partitions; contracts; insurance; entity formation, including corporations and LLCs; building code violations.

Experience representing clients in all phases of trial and appellate litigation. Corporate litigation experience includes, but is not limited to, contracts, software licenses, collections, insurance coverage, duty to defend, non-compete, trade secrets, interference with business relations, defamation, office and equipment leases, construction, foreclosures, evictions, creditor’s rights, municipal litigation, injunctions, TROs, bankruptcy and tax (IRS) cases. We are also experienced in retention of outside counsel and full management of out-of-state litigation. General litigation experience includes, but is not limited to, real estate, partitions, specific performance, probate, will and trust contests, and domestic relations.

Transactions / Finance/ Due Diligence

Experience with asset purchases, stock sales, commercial real estate purchases and sales, bank loans, commercial loan documentation, investment banking agreements, credit-line agreements, Sec. I 041 (Starker) exchange transactions, software licenses, including sales and purchases of source code, and due diligence, including due diligence meetings with opposing counsel, contract review, assignment issues, and review of financial statements, loan agreements and liabilities.

Real Estate

Extensive experience representing buyers, sellers of real estate, evictions,  preparation and  review of leases, litigation in real estate disputes to determine rights of owners and partners, organizing legal entities to hold real estate and preparation of purchase agreements, articles of agreement, memorandums of understanding, and other business agreements

Attorneys at Gutman & Associates have extensive experience representing clients buyers, sellers, and owners of real estate matters including:

  1. Representation in connection with the purchase and sale of residential and at residential properties
  2. Preparation and review of leases and negotiation of lease modifications
  3. Representation in landlord eviction actions and City code violations
  4. Representation in the defense of landlord evictions
  5. Preparation of loan documents
  6. Litigation real estate disputes to determine rights of owners and partners
  7. Organizing legal entities to hold real estate and other business property.
  8. Preparation of agreements including articles of agreement, memorandums of understanding, asset purchase and other agreements

Insurance

Experience reviewing various insurance policies, including general liability (GL), errors and omissions (E&O) and directors and officers (D&O) policies, providing opinions regarding coverage and duty to defend, providing advice regarding the making of claims, and negotiating special endorsements. Successful litigation and settlement experience of E&O and D&O claims. Also experienced with multi-state regulatory analysis and licensing issues.

General Corporate / Business

Provide business, tax and legal counsel to entities from formation through sale or other disposition. Prepare corporate minutes for public and private companies, legal accruals, legal representation letters, and litigations reports. Incorporate subsidiaries and manage foreign corporation registrations. Meet with auditors and attend board of director and audit committee meetings. Experience in reviewing SEC filings, and assisting in the preparation of various sections of I 0-K/Qs. Experience with SEC private investigations, and corporate responses to restatement of financial statements and change of auditors.

Dedicated On-Site Services

Experience in serving as dedicated general counsel, handling general corporate as well as litigation matters, and providing a weekly on-site presence. Experience includes handling a wide variety of matters including contract review and negotiation, local litigation, retention and management of outside counsel; case management of out-of-state litigation, reporting to company officers, meeting with outside auditors, preparing corporate minutes, legal accruals, litigation reports, as well as performing other general counsel duties.

Representative Clients

The following represents a non-exclusive list of the types of clients represented:  multinational and private banks,  publically-held technology companies,  importers, wholesalers and manufacturers of specialty food products;  developers and contractors; survey companies; condominium associations, commercial and residential building owners; wholesale insurance brokers; and law firms.

Summary of Condominium Association Related Experience

Condominium association representation & litigation; construction litigation; evictions; foreclosures; insurance litigation, including coverage and duty to defend; condominium conversions; municipal litigation; bank loans; commercial loan documentation; commercial and residential real estate transactions, including commercial and residential condominiums; leases and subleases; contracts, advising boards of directors and officers, including preparation of corporate minutes.

Summary of Construction-Related Experience

Construction litigation; insurance policy review & litigation, including coverage and duty to defend; collections; office leases and subleases; equipment leasing; commercial loan documentation & bank loans; commercial and residential real estate transactions; condominium conversions; leases and subleases; contracts review, preparation and negotiation of contracts, including AIA contracts; negotiation experience with small to very large public companies.

 

Agreements / Negotiations

Prepare, negotiate or review commercial office leases and subleases, equipment leases, and a wide variety of agreements, including employment, severance, non-compete, confidentiality, indemnification, hold harmless, settlement, releases, non-disclosure agreements, memorandums of understanding, asset purchase, stock sale, merger, investment banking, transfer agent, banking, credit line, and a variety of technology agreements, including many types of software license agreements.