Areas of Practice
“A lawyer is like a doctor. An ounce of prevention is worth a pound of cure. A consultation with an experienced lawyer can often save a business time, money and headaches. ”
Many business leaders have learned that consulting a lawyer first can avoid problems later. Many clients look to us for general support of their business endeavors, which we provide in the form of ongoing corporate counseling from day to day operational matters to complex commercial transactions. Others turn to us for specific assistance when they need an experienced lawyer to represent their interests in Court.
Corporate Counsel
We strive to become our clients' "legal partner and trusted advisor." Similar to the in-house legal counsel of large corporations, we become familiar with the business methods and objectives of our clients. Accordingly, when our clients make business decisions, they often seek our legal counsel to proactively consider possible ramifications. Our attorneys also assist clients with regulatory and governmental matters, ranging from obtaining appropriate licenses for their businesses to resolving disputes with government entities.
Business Law and Transactions
We advise clients on the planning, organizing and restructuring of new or existing businesses and assist in documenting the relationship between, and among, the business entity and its owners. We provide guidance in entity selection, attend to formation, assist in state business registration processes and prepare organizational and governing documents. We structure, negotiate and draft agreements for shareholder buyouts, retirements, buy-sell arrangements, and operating agreements. For the client who wishes to purchase or sell a business, our team handles all aspects of the transaction from contract negotiation through due diligence to closing. We provide our clients with a comprehensive approach to the various and unique legal issues in each transaction. Corporate officers and directors, executives and business leaders seek our legal advice and services in matters concerning the ongoing operation of their businesses, including the review of vendor contracts, preparation of employment agreements, policies and manuals, and advice on applicable governmental regulations, as well as continuing surveillance of relevant new developments in the law at both the state and federal levels.
Commercial Litigation
Our firm routinely handles complex commercial litigation. Our approach to litigation is always to protect the client's overall business interests. There are occasions when it may make better business sense to settle a claim than run the risk of adverse publicity that could result from a public trial. Conversely, there are times when it makes better business sense to defend a small claim to avoid setting a precedent and inviting additional claims. The firm's concentration in complex litigation and dispute resolution is not confined to particular substantive areas of the law, but to the litigation practice itself. As such, many of the firm's attorneys have gained recognition by handling cutting-edge cases in a wide variety of substantive legal fields. The Shanker Law Firm, P.C. has proven time and again that the well-honed skills of its litigators may be universally applied to forge profitable resolutions of disputes in any area of law or any area of commercial enterprise
Although the trial and forensic abilities of The Shanker Law Firm, P.C. litigators are unparalleled, these tools are often used as strategic deterrents rather than as implements of first resort. Thus, a substantial portion of the firm's practice is preventative counseling and problem solving. The firm recognizes that in many instances its clients' objectives are best served by successfully avoiding litigation and that success is measured by the advice and counsel we provide to achieve this end. However, if full-scale litigation is in the client's best interest, no law firm understands and successfully galvanizes the process as well as The Shanker Law Firm, P.C.
Intellectual Property
Intellectual property and related assets can be valuable business assets used by companies to distinguish themselves from competitors. In today's high tech society, companies are becoming increasingly reliant on information assets and intangibles. We regularly advise clients on all aspects of trademark availability, clearance and right-to-use, and registration in the U.S. Patent and Trademark Office, including due diligence in selecting marks, applying for and obtaining registrations, and policing and enforcing such registrations. We routinely advise clients in developing strategies to integrate business names and trademark portfolios. Our office supports our clients in asserting their intellectual property rights offensively to pursue infringers and others who misappropriate their rights. We also defend clients against third-party allegations of potential infringement or commercial conflicts related to intellectual property use. Our litigation activities encompass unfair competition claims and trade protection matters under both state and federal law.
Employment Law
Much of our practice is devoted to proactive counseling our clients on employment and labor law matters, including affirmative action, discipline and discharge, human resources policies and practices, wage and hour audits, workplace safety and managing the day to day employment matters of our clients. We also draft and review employment, separation and non-competition agreements, employee handbooks, and employer policies and procedures. We also represent employers before administrative agencies as well as federal and state courts and arbitral forums. We provide representation during all stages of an employment dispute, from providing employers with assistance in drafting and submitting position statements to the New York State Division of Human Rights, New York City Commission on Human Rights and the U.S. Equal Employment Opportunity Commission. We represent our clients at all phases of the case from inception through trial with in court or before the respective administrative tribunal. In addition we represent our clients' interests in enforcing non-compete agreements and seeking redress in trade secret misappropriation matters. Our timely, efficient and aggressive approach to handling employment-related litigation for our clients is evident in all phases of representation.
Workers Compensation Defense
We represents a wide range of insurance carriers and self-insured employers in Workers' Compensation matters. We provide our clients with proactive Workers' Compensation advice and help implement risk management policies to protect the interests of our clients in the long run. If and when a claim is filed, we actively represent our clients by litigating and defending their interests at the Workers’ Compensation Board. We handle all aspects of our clients cases from inception through trial. We handle all of our own appeals and have and unparalleled track record in representing mid-size companies and uninsured employers in the metropolitan area.
Personal Injury Defense
The most common type of personal injury damage claim is motor vehicle-related accidents. Regardless of the type of accident, you can depend on us for a knowledgeable and aggressive defense of your best interests. Success in these cases often involves proving that the damages involved are not severe enough to be considered a serious injury or showing that another party is liable for the damages. Our office will analyze the facts of each case and move quickly to secure important evidence necessary for the defense of the case We build a solid defense strategy designed to reach your goals as quickly and cost effectively as possible. While vehicle accident claims are common, we do not take a cookie-cutter approach to automobile liability defense. We custom-tailor our services to meet the specific challenges of each and every case.
What We've Achieved
- Relationships with clients that have an average span of over 10 years due to the service we provide and attention we give to their businesses and personal needs.
- A track record of litigation defense in multiple areas of law that is unparalleled in most large cities.
- An Appellate record that enables us to better represent our clients by building on our own prior appellate successes.
- The respect of clients who run the gamut from needing full time legal counsel to advise on the operations of multi-million dollar businesses to small "mom and pop" businesses who simply need a good lawyer to advise them on what to do when tough questions arise.
- Trial experience in complex litigation cases as well as representation before multiple State and City administrative bodies.
- A reputation for being honest and forthright, a quality that often escapes other lawyers.
- Unparalleled availability to clients when most other lawyers are asleep, on vacation or "away form their desk".
- The ability to resolve disputes in a quick, efficient and cost effective manner.
- The respect from our clients who know that trust and loyalty means more to us than making money.
- Maintaining the utmost integrity inside and outside of the courtroom.