Family Law

• Divorce
• Guardianship
  Families with incapacitated, elderly or developmentally disabled members increasingly encounter legal and practical issues surrounding long-term care and support. Our attorneys help clients in establishing guardianships to provide assistance to those who are unable to independently manage their financial and personal matters. We counsel clients on a wide spectrum of guardianship and conservatorship matters from court actions to administration. Through proper planning, we allow individuals to predetermine medical and financial decisions, thus lessening the burden of difficult choices and anxiety for family members.
• Annulment
  Pittsford Canalside Properties, LLC v. Village of Pittsford, 137 AD3d 1566 (4th Dept. 2016); successfully obtained annulment of rescission of negative declaration pursuant to New York State Environmental Quality Review Act

Criminal Law

• Fraud
  We help our clients investigate internal corporate activities by conducting legal audits and forensic inquiries. Our attorneys represent bankruptcy trustees and examiners, indenture trustees, and other fiduciaries in all areas of disputes. We defend financial institutions and other entities in check fraud and UCC-based disputes.
• White Collar Crimes
  Many of our Government Compliance and Investigations attorneys have legal and leadership backgrounds addressing compliance matters and investigations at the local, state and federal level. The team includes a former United States Attorney; Lead Counsel for the Federal Deposit Insurance Corporation and Trial Counsel for the U.S. Department of Justice; First Deputy Attorney General, Assistant Attorney General, and Chief of Staff for the New York Attorney General; New York Solicitor General and Assistant Solicitor General; Assistant New York Medicaid Inspector General and Special Assistant Attorney General for Medicaid Fraud Control. Their collective experience in regulatory compliance, white-collar crime and law enforcement provides clients with exceptional depth during an investigation or enforcement action.
• Embezzlement
  Defended numerous corporate executives facing criminal charges involving corporate and personal tax matters, embezzlement, corporate and financial mismanagement, and breach of fiduciary duty. These representations have resulted in full acquittal, dismissal, or negotiated dispositions in which the client avoided incarceration and significant fines. Many of these high visibility matters received coverage in major news outlets such as The New York Times, as well as regional and legal media outlets.
• Assault
• Arson
  With incidents related to business interruption and economic loss, our attorneys counsel on detailed, multilayered first-party and third-party coverage claims on all risks including natural disasters, fires, flood, environmental liability, fraud and arson. Our attorneys also provide representation on deductibles, consequential damages, punitive damages, occurrence analysis, allocation and exhaustion.
• Restraining Order
  As we move into an increasingly specialized economy, the need to protect company investments through restrictive covenants and non-solicitation/non-competition agreements continues to grow. This applies in the employment context as well as in any sale or acquisition of company assets. Our attorneys vigorously enforce these provisions and frequently secure relief through restraining orders and injunctive relief in order to protect company interests.
• Money Laundering
  In addition to representing clients in connection with investigations, we provide proactive risk assessment and preventative counseling, helping clients establish best practices for creating and improving policies and procedures. In this regard, we work with clients on implementing compliance audits and integrity monitoring, compliance program maintenance, and training that touches many operational areas, such as money laundering, international trade, privacy, cybersecurity, immigration, lobbying, campaign finance and securities.
• Internet Crimes
  Counseling on website development contracts, web privacy law issues, website terms and conditions, joint venture Internet agreements and encryption and technological matters

Business and Corporate Law

• Corporate Law
  Assist clients in corporate transactions, including mergers and acquisitions, divestitures, refinancing, leveraged buy-outs, incorporations, public offerings and private placements
• Mergers and Acquisitions
  Harris Beach assists clients in the design and administration of a wide variety of employee benefit plans, including tax-qualified pension, profit-sharing, 401(k) plans, and employee stock ownership plans; stock option plans; and other executive compensation arrangements. The firm has considerable experience in matters involving preretirement planning, the employee benefits aspects of mergers and acquisitions and ERISA’s prohibited transaction rules.
• Business Formation
  Provide counsel in business formation and entity selection, business planning, protection of proprietary interests, accessing capital, organization management, strategic partnering with larger firms, and government financing through economic development and government grants and contracts
• Business Disputes
  Our capabilities range from relatively straightforward breach-of-contract disputes to complex litigation involving multiple layers of relationships, extensively detailed agreements and class actions. In any business dispute, our attorneys take the time to learn the client’s industry and business considerations at the outset, using that understanding to drive the litigation to secure favorable results.
• Business Transactions
  With online business transactions on the rise and a lack of clear rules relative to jurisdiction of the Internet, the legal risks associated with international commerce are expected to rise dramatically. Harris Beach attorneys can provide valuable counsel regarding confusing and ever evolving online jurisdiction issues.
• Limited Liability Companies
  Counsel partnerships and limited liability companies in planning and executing strategies designed to meet business goals, minimize tax cost and comply with tax rules and regulations
• Construction Contracts
• Trade Secrets
• Intellectual Property
  Handle contractual matters, intellectual property licensing and protection, franchising and distributorships, sales contracts, warranty issues, stockholder and buy-sell agreements, operating agreements, antitrust matters and general business transactions
• Unfair Competition
  Litigating high-profile Fortune 500 patent trademark and copyright infringement cases, including unfair competition, counterfeit and illicit trade matters internationally and in the U.S.
• Antitrust

Employment Law

• Workers Compensation
  Before employing H-2A workers, an agricultural employer must make an active effort to recruit U.S. workers. This means newspaper advertising in areas of the expected labor supply, which may include up to 3 difference states as determine by DOL.
• Wrongful Termination
  Workers’ Comp Retaliation Claims: Successfully represented employers against claims filed by former employees alleging wrongful termination in retaliation for filing NY workers’ compensation claims.
• Employment Discrimination
  Represent employers in federal and state courts and administrative agencies in employment discrimination matters regarding claims of discrimination, harassment and retaliation brought under Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Age Discrimination in Employment Act and other similar federal and state laws
• Employment Contract
  Represented Defendant in case filed in U.S. District Court for the Southern District of New York where plaintiff alleged breach of employment contract and failure to pay wages in violation of NY Labor Law, and Defendant counter-claimed for $15,000 repayment of bonus. Successfully obtained summary judgment on behalf of Defendant including an award of counterclaim. Case proceeded to appeal and ultimately voluntarily dismissed by Plaintiff.
• Employment Litigation
  Our labor and employment attorneys help our clients navigate the ever-changing and increasingly complex array of laws, regulations, and court decisions that impact our clients’ daily operations. Harris Beach has long represented management in labor and employment disputes, successfully defending employers against employment-related claims and lawsuits. But just as importantly, we also partner with clients to help prevent issues, claims and conflicts: developing sound policy, delivering training, and strengthening positions at the bargaining table. Today, we have one of the largest and most active private and public sector labor practices in New York state, advising on both state and federal laws and mandates. Our cross-functional practice group also draws on experience with COVID-19 issues, cannabis policies, litigation matters, crisis management, workplace safety and immigration counsel for today’s global workforce.
• Non-compete Agreement
• Severance Agreement
  Counsel on successor employer obligations, planning for severance pay obligations, ERISA issues, pending discrimination claims, unfair labor practice charges and state and federal plant-closing laws
• Sexual Harassment
  Provide trial and litigation experience in matters, including class action and multi-plaintiff, involving disability, age, gender, sexual harassment, national origin, race and religion

Property Law

• Real Estate Litigation
  Counsel on handling tax, finance, structural, environmental, immigration, ERISA, securities, labor relations and real estate matters associated with acquisitions and divestitures
• Premises Liability
• Construction Litigation
• Real Estate Transactions
  Coordinating and managing all of the due diligence investigations and administrative details of a commercial real estate transaction, including...
• Easement
• Land Use and Zoning
  Assisting in the environmental zoning and land use review processes required under the New York State Environmental Quality Review Act (SEQRA), the National Environmental Policy Act (NEPA), the New York City Environmental Quality Review Act (CEQR) and the New York Uniform Land Use Review Procedures (ULURP)
• Landlord-Tenant Disputes
  Representing clients in land title disputes, foreclosure actions, deed-in-lien transactions, tax assessment proceedings, condemnation actions, zoning appeals, landlord and tenant disputes and disposition of mechanic’s liens
• Property Damage
  Litigation proceedings, typically coordinated in some fashion, often seek recovery for personal injuries or property damage arising out of a single occurrence or a discrete series of events (i.e. a product recall or an environmental release). However, they may also seek to modify the defendants’ business practices by asserting novel theories of liability designed to prompt judicial legislation. If the subject matter is compelling, mass torts can even attract significant media attention.

Immigration Law

• Citizenship and Naturalization
• Student Visas
  The F-1 student visa is just what it sounds like – it is for individuals who wish to come to the U.S. to pursue full-time studies.
• Work Visas
  The H-2A visa allows United States agricultural employers who anticipate a shortage of domestic workers to bring nonimmigrant foreign workers to the United States to perform agricultural labor or services of a temporary or seasonal nature. This visa, like many other employment visas, requires employer sponsorship. The employer must meet several requirements before actually bringing nonimmigrant workers to the United States. If the employer meets the requirements, he or she may bring a nonimmigrant worker into the country for a period of up to 10 months.

Health Law

• Personal Injury
  Harris Beach defends businesses, property owners and managers, contractors and manufacturers in general liability claims and litigation, either directly or through their insurance carriers. We maintain a strong record of success in personal injury and property damage cases involving construction accidents; equipment accidents; slip and fall injuries; security issues; New York Labor Law §§ 200, 240 and 241 matters; automotive, truck and rental vehicle accidents; as well as a host of other premises liability matters, including mold, lead, asbestos exposure and other air quality issues.
• Auto Accidents
• Social Security Disability
  We assist clients with guardianships to help ensure that their special needs family member has a future advocate who can make personal decisions for him or her. Our attorneys establish supplemental needs trusts to help beneficiaries by augmenting government benefits and paying for goods, services and equipment not covered by Medicaid. We provide guidance on the various benefit programs for special needs individuals and the requirements for Supplemental Security Income, Social Security Disability and Medicaid benefits. Additionally, we help clients have a better understanding of Special Education resources available to support special needs children.
• Disability Discrimination
  Barton v. Unity Health System (U.S. District Court and U.S. Court of Appeals for Second Circuit): Summary judgment obtained for employer in race and disability discrimination and retaliation lawsuit. Affirmed on appeal.
• Slip and Fall Injury

Trusts and Estates

• Estate Planning
  Understanding that clients have unique financial situations and personal objectives, we listen carefully and consider all factors involved when advising our clients in developing and implementing successful, customized solutions for the preservation, management and transfer of wealth to the next generation. Our attorneys have extensive experience using comprehensive and sophisticated planning strategies to help clients navigate the seemingly overwhelming complexities of estate planning, disability planning, and elder law and to meet their individual, family, and business succession needs in a tax-efficient and cost-effective manner.
• Wills
  A Last Will and Testament is just one part of a comprehensive estate plan. If a person dies without a Will, he or she is said to have died “intestate,” and state laws will determine how and to whom the person’s assets will be distributed. Ultimately, a Will is a formal set of instructions to the probate court detailing how a person wants to dispose of his or her assets upon death. A Will may also be used to nominate an executor (or personal representative) of a person’s estate, as well as a guardian for minor children.
• Trusts
  We have developed effective strategies to assist clients in dealing with the concerns and challenges that come with aging. For instance, we have established living trusts for many of our aging clients. With such a trust, a family member or a trust company can take responsibility for managing our client’s property should our client become disabled. This type of trust can also be used to distribute a client’s estate without having to navigate the probate process.
• Power of Attorney
  A Power of Attorney is a legal document giving an attorney-in-fact the legal right to act on someone’s behalf. The amount of power granted depends upon the terms of the document. A Power of Attorney may be very broad or very specific. Powers of Attorney terminate upon the death of the maker, and may terminate when the maker becomes incapacitated.
• Probate

Finance Law

• Bankruptcy
• Foreclosure
  Harris Beach has extensive experience in contested and uncontested mortgage foreclosures of residential and commercial properties. Our attorneys, with the assistance of specialized paralegals, handle all aspects of foreclosure litigation. We provide counseling on the structure, strategy and negotiations needed to successfully conclude a foreclosure and sale of property.
• Tax Law
  Rooted in New York state with a network of regional business knowledge, Harris Beach tax attorneys consult on matters from personal tax planning to public finance transactions, from SALT matters to choice of entity analysis, and from workplace tax compliance to investor tax credits. We also provide direct client representation for tax dispute resolution in all types of civil or criminal actions involving taxing authorities, from the audit level through the appellate process.