Litigation Services
Helbraun Levey’s Litigation Group implements a customer service based approach that examines the larger picture when litigating commercial and business disputes. In order to be successful, our attorneys work with our clients to develop a litigation strategy with an in-depth understanding of each client’s business goals, both short term and long term. Armed with an extensive knowledge of the judicial system and a practical understanding of the challenges facing our clients’ businesses, our attorneys are able to achieve a successful outcome for our clients. Our team’s experience litigating cases in both New York State and Federal courts and understanding of the hospitality industry allows them to dig into the details that really matter, which ultimately makes all the difference when it comes to litigation.
Commercial and Business Litigation:
The Litigation Group regularly litigates a variety of commercial and business matters including claims involving breach of contract, breach of fiduciary duties, tortious interference, business dissolution, shareholder disputes, derivative claims, and unfair competition.
Employment Litigation:
We take a proactive approach to defending employers in class action and single plaintiff lawsuits in all areas of employment law. Our litigators are dedicated to defending hospitality industry clients against claims arising from the applicable labor laws that have proven to be most detrimental and costly to their business, including workplace discrimination/ harassment, wage and hour violations, and benefits compliance.
Commercial Landlord-Tenant Disputes:
Commercial Landlord-Tenant disputes present challenges and risks unlike other litigation because personal liabilities are often at stake. We understand that Landlord/Tenant issues are likely to arise at some point during a business’ lifecycle and are here to offer our clients guidance along the way. Our attorneys either get involved in advance of any lawsuit being filed to try to negotiate a settlement or the team will begin representing a client once a lawsuit has been filed, focusing then on mitigating risk and reaching a successful resolution to ensure that our clients can keep doing what they do best. Our understanding of the real estate landscape specific to the hospitality industry — the investment required when first building out a space or the realities of executing a personal guaranty alongside your commercial lease, for example — allows us to obtain the best and most efficient results for our clients.
Commercial and Business Litigation
Unfortunately for most businesses, especially those in New York City, litigation or threats of litigation are a normal occurrence. Whether a client has a dispute with a vendor, a contractor, an insurance carrier, or even internally among partners, Helbraun Levey’s team of litigators represent and counsel our clients throughout the entire process. Our litigators have experience with all types of commercial and business litigations, from the small and simple to the large and complex.
Our process includes evaluating litigation at all stages to determine the most desirable course of action for the client. We devise and execute litigation strategies to procure the most advantageous outcome for our client.
Employment/Wage and Hour Litigation
Developing clear employment practice policies is crucial to preventing — or minimizing the likelihood of — labor and employment problems within your restaurant or bar. Even the best operators, though, can be subject to employment-related lawsuits.
Helbraun Levey has a dedicated team of litigators and professionals that focus on Employment Practices and understands the complex issues that often arise in the hospitality industry. Our team can help protect your business and your employees from issues arising from:
Landlord/Tenant Disputes
Landlord/tenant issues are likely to arise at some point during a business’s lifecycle. Helbraun Levey’s litigation team handles all aspects of commercial landlord/tenant litigation – both tenant and landlord side. We have deep experience with the New York commercial real estate market and have advised businesses and their landlords through every kind of related proceeding.
Avoiding litigation is often preferred and our team can create a plan to negotiate and execute thorough settlement agreements that protect our client’s interests. Our team can provide an upfront assessment of your case and create a strategy to obtain the most favorable outcome.
We also help our clients proactively avoid future disputes by drafting detailed leases that spell out the rights and remedies necessary to avoid common litigation issues.
If you have questions, would like additional guidance, or want more information on this topic, please contact us here.
Helbraun Levey handles all manner of commercial landlord/tenant disputes including:
Governmental and Criminal Litigation
Helbraun Levey’s Litigation Group is comprised of practical and insightful attorneys who regularly advocate before New York’s local, city, state and federal governmental and administrative agencies. Working in the hospitality industry exposes our clients to oversight from various agencies and we aid our clients in navigating criminal and civil issues—both simple and complex—in order to develop real and lasting strategies.
Our attorneys have a vast array of experience in dealing with law enforcement agencies, and our attorneys have intimate knowledge of the procedure and process of our adversaries. Whether you are a target, person of interest, or a witness to any criminal investigation, being conducted by any criminal agency, our attorneys are here to assist you by providing personalized, individual attention. Often times we represent clients who are being investigated by law enforcement and we can provide assistance in the prevention of arrest and prosecution, avoiding potentially damaging media attention.
In addition, we assist many clients in preventing criminal liability in the area of compliance by developing and implementing internal compliance programs designed to avoid problems before they result in formal investigations.
New York Police Department/Fire Department of New York Violations
Bar and restaurant owners and their employees are often visited by the New York Police Department (NYPD) and the New York Fire Department (FDNY) and receive summonses to appear for alleged violations of state and local laws, which require appearances in the Summons Arraignment Part (SAP) of various courts throughout the City of New York. These tickets may be written to the corporation, to owners, managers or employees, and can result in fines, jail time and a criminal record if not properly handled. It is crucial, when any governmental agency comes knocking on your door, that you obtain knowledgeable criminal counsel immediately.
New York State Liquor Revocation Defense
Helbraun Levey’s team is instrumental in assisting our clients with revocation hearings before the State Liquor Authority (SLA). These hearings are essentially small-scale criminal trials which can result in fines from the SLA Board of Directors and potential penalties, that may include liquor license restrictions or revocations.
For something as simple as noise violations or a one-time failure to check identification, it is possible for an establishment to permanently lose its liquor license through the revocation hearings process. Even if the charges are disputed and defended, a licensee can face serious fines of tens of thousands of dollars — even if the summons issued by a NYPD officer is dismissed at the Criminal Court Level.
The SLA may choose to have a civil hearing to determine whether a licensee should maintain its license. Our attorneys are experienced with the nuances of the Alcoholic Beverage Control Law (ABC) and are prepared to vigorously defend our clients and to seek dismissal of such charges.
We are also regularly able to secure reasonable settlements from the SLA Counsel’s Office, allowing for lower fines to be paid along with no additional penalty for the licensee.