Practice Areas

Litigation

 

We realize that the prospect of litigation, and with it, substantial time and expense, is of great concern to our clients. Our philosophy is to provide our clients with information to enable them to make an intelligent, informed decision on the path which best meets their needs. There is no such thing as a "one size fits all" solution to a client's issues. When appropriate and available, we provide our clients with multiple options, such as counseling, mediation, arbitration, and when necessary, litigation in State or Federal Courts.

 

We have substantial experience in both State and Federal Courts, in areas of Commercial Litigation, Arbitrations and Mediation, Employment Discrimination, Business Disputes, Real Estate Litigation, Landlord and Tenant Summary Proceedings, Corporation Dissolution Proceedings, Shareholder Derivative Action, Partnership Actions, Construction Litigation, Employment Practices, Fraudulent Conveyance Actions, Mechanic Liens, and Breach of Contract Actions.

 

We are a hands-on firm. We understand that to our clients, the case we handle for them may be the most important business or family matter they may ever experience. Accordingly, we constantly keep our clients up to date on all proceedings, and provide copies of all relevant documentation that we receive or send out, so that when the time comes to make a decision on the best path to take, such as a potential settlement, our clients are in a position to make a decision based on facts, not conjecture.

Business & Corporate

 

Determining what type of business entity to form can often be a complex decision. Among the factors to consider may be the nature of the business, number of individuals involved, location of the business, and potential liability of the individuals involved in the business. We are experienced in counseling clients on the types of entities available, such as Corporations, Limited Liability Companies, Joint Ventures and Partnerships. Once a determination is made, we prepare Shareholder Agreements, Operating Agreements, Partnership Agreements or other documents which meet our client's needs. We have found that many expensive and damaging internal disputes in business could have been avoided if the parties had taken the time to prepare a proper agreement when the business was initially formed, or at a later date prior to the dispute.

 

We have experience in the purchase and sale of businesses, Stock Purchase Agreements and Redemption Agreements. We counsel our clients on the many options available to them.

Landlord & Tenant Litigation

 

Mr. Sewell has been representing Landlords and Tenants in various types of disputes for almost 30 years. Our firm is well versed and has successfully litigated Holdover Proceedings, Non-Payment Proceedings, License Disputes, Yellowstone Injunctions, Breach of Lease and Warranty of Habitability issues. We are very familiar with all of the District Courts throughout Nassau and Suffolk Counties, where the majority of landlord and tenant litigation takes place, as well as the Nassau and Suffolk Supreme Courts, where complex issues, such as Yellowstone Injunctions and other complex equitable issues are litigated.

 

We realize a quick resolution of Landlord and Tenant issues is important to both landlords and tenants. A landlord who has not received rent may be in danger of losing his property due to the inability to pay a mortgage, while a tenant living in a house or apartment with a dangerous condition requires immediate action. We are dedicated to quickly instituting and aggressively litigating these issues, at a fair and reasonable cost.

Labor & Employment Law

 

Labor and Employment Law compasses many aspects of the employer/employee relationship. In our complex society, with hundreds of laws and regulations in place, it is essential for both the employer and employee to understand their respective rights and obligations. Our firm is dedicated to initially attempting to amicably resolve any dispute that might arise out of the employer/employee relationship. Should that fail, we are prepared to enforce our client's rights in the appropriate administrative agency, Federal or State Court.

 

Among the statutes, rules and regulations we are versed in are Title VII of The Civil Rights Act of 1964, as amended, The Civil Rights Act of 1991, The Civil Rights Act of 1866, The Age Discrimination in Employment Act of 1967, as amended (the "ADEA"), The Americans with Disabilities Act, The Family and Medical Leave Act of 1993, The Occupational Safety and Health Act of 1970, The Fair Labor Standards Act, The Employee Retirement Income Security Act, as amended, New York Civil Rights Laws and Regulations, and New York wage/hour laws and regulations. Among other things, this encompasses sexual harassment, retaliation, employment discrimination, age discrimination, whistle blower retaliation, race discrimination and disability discrimination.
 
We also have substantial experience in negotiating, drafting, and enforcing employment agreements with restrictive covenants and benefit packages.