Corporate

ampersand symbolDocument Preservation & Electronic Discovery

The corporate lawyers at Crosby & Higgins LLP assist public and private companies in developing and updating comprehensive yet cost-effective document and data preservation policies. As we progress through the digital age, the legal landscape surrounding electronic document and data preservation is increasingly complex and demanding on businesses of all sizes. Our lawyers work closely with clients to effectively manage the burden of their document preservation requirements, as well as meet disclosure obligations in litigation.

CASE SUMMARIES

  • Represented publicly traded company in connection with subpoenas served by the Securities and Exchange Commission and Department of Justice, including managing data preservation, document procurement, electronic document searching, and response preparation.
  • Drafted various litigation hold letters in connection with threatened and pending litigation.
  • Assisted companies and individuals in document preservation strategies, policies and communications in response to litigation hold letters.

ampersand symbolEmerging Companies

Our corporate lawyers assist startups and emerging businesses to navigate their respective legal and regulatory landscapes. Emerging companies tend to move quickly and require advisors that are nimble and capable of keeping pace with an ever-changing environment. Our attorneys are well-equipped to advise clients on entity formation, contracts, protection of intellectual property, employment agreements, strategic business decisions, and all other legal matters they may face.

CASE SUMMARIES

  • Managed negotiation and drafting of lucrative license deals for a leading software company.
  • Provided outside general counsel services for a leading software company including negotiation and drafting of deals, reviewing of contracts and license agreements, filing of litigation, and advising on various employment and labor related matters.
  • Successfully resolved an action filed in the United States District Court for the Southern District of NY on behalf of a respected scientist in an action for damages and an accounting arising out of wrongful exclusion from a joint venture and failure to provide ownership interests in connection with investment in pathogen detection technology company.
  • Resolved a significant breach of contract dispute on behalf of an industry leader in high-margin technology services, by registering and executing on a foreign judgment in New York, allowing the firm to locate and freeze the defendant’s assets.
  • Advised clinical-stage biopharmaceutical company in successfully resolving dispute with a healthcare investment banking firm arising from termination of the parties’ relationship.
  • Assisted in corporate formation as well as development of business plan and protection of intellectual property for a sports analytics start-up.
  • Assisted with copyright filing for self-published work.

ampersand symbolGeneral Corporate Practice

We regularly counsel clients ranging from small businesses to publicly traded companies on all aspects of general corporate matters. Our corporate lawyers advise clients on corporate governance matters, securities laws, real estate, employment laws, dispute resolution, and domestic and international transactions.

CASE SUMMARIES

  • Provided outside general counsel services for a leading software company including negotiation and drafting of deals, reviewing of contracts and license agreements, filing of litigation, and advising on various employment and labor related matters.
  • Represented a publicly traded middle market metals distributor, on a full range of general corporate matters including employment agreements, litigation, securities matters, contract issues and drafting, intellectual property filings, real estate transactions, and UCC matters.
  • Advised borrowers concerning affiliate liability under certain loan agreements in connection with voluntary insolvency proceedings in the Mexican District Court and related proceedings in the Southern District of New York concerning an order granting recognition of a foreign representative and foreign main proceeding pursuant to 11 U.S.C. §§ 1517(a) and 1517(b)(1) of the Bankruptcy Code.
  • Advised clinical-stage biopharmaceutical company in successfully resolving dispute with a healthcare investment banking firm arising from termination of the parties’ relationship.
  • Counseled client on implications of liquidation proceedings involving corporate investor including a review of federal securities laws, state “blue sky laws,” and SEC regulations.
  • Advised clinical-stage biopharmaceutical company on variety of matters including fees disputes, interacting with online trading platforms, and investment issues.
  • Advised venture capital firm in collecting transaction fees due under financial services agreement.
  • Advised shareholders in connection with breach of contract arising from an agreement concerning the sale of valuable air rights of an exclusive NYC residential property.
  • Provided legislative analysis in connection with certain consumer protection laws for medical practice group.
  • Provided general corporate counsel services for product marketing and distribution company including negotiation of deals, drafting of contracts, advising on employment matters, and general business support.
  • Advised client in wind-down of partnership and equitable distribution of intellectual property assets.
  • Advised NYC educational consulting company in connection with independent contractor agreements, investment issues, and interactions with NYC Board of Education.
  • Represented successful salon in proposed corporate asset sale and assignment of lease.
  • Successfully negotiated settlement on behalf of an industrial gas buyer in supply agreement dispute concerning overcharges and failure to pay invoices.
  • Supported medical practice in resolution of member dispute concerning division of legal fees following litigation.
  • Negotiated settlement agreement with trustee for creditor in connection with bankruptcy proceedings.
  • Represented law firm in fee dispute with another law firm.
  • Advised NYC not-for-profit corporation in connection with internal investigation of accounting and documentation of charitable grant giving activities and reporting of same to relevant regulatory authorities.
  • Advised NYC not-for-profit corporation in connection with various corporate matters including regulatory filings, conflict of interest questions, Board resolutions, re-drafting of bylaws, and review and drafting of policies and procedures including grant distribution policy, investment guidelines, and conflicts of interest policy.
  • Advised medical practice regularly in general business matters including drafting employment related agreements, revising HR policies and employee handbook, reviewing contracts, and providing counsel on various business matters.
  • Counseled doctor in connection with withdrawal from medical practice and related stock purchase and loan repayment issues between the partners.

ampersand symbolInternal Investigations

Our corporate lawyers are well-equipped to lead internal investigations on behalf of private and public companies of any size and in any industry. Our corporate lawyers work with the board of directors to plan and execute efficient and effective investigations, as well as advise on strategic decisions necessary to resolve the dispute.

CASE SUMMARIES

  • Represented publicly traded company in connection with subpoenas served by the Securities and Exchange Commission and Department of Justice, including managing data preservation, document procurement, electronic document searching, and response preparation.
  • Represented successful snack product company in regulatory matters pertaining to notice of violation of Proposition 65, California health and safety law.
  • Advised NYC not-for-profit corporation in connection with internal investigation of accounting and documentation of charitable grant giving activities and reporting of same to relevant regulatory authorities.

ampersand symbolInternational Practice

We advise clients on cross-border transactions and ventures in a variety of business settings. Businesses operating internationally need to be cautious with foreign and international laws, many of which do not have parallel provisions found in U.S. laws. Our lawyers advise clients on various cross-border transactions that implicate U.S., foreign and international laws and require an understanding of the risks associated with each.

CASE SUMMARIES

  • Secured substantial settlement on behalf of a marketing company in a multi-million dollar international arbitration dispute against well-known global corporation involving claims for fraudulent inducement, breach of contract and punitive damages.
  • Secured favorable ruling on Motion to Dismiss claims for breach of contract, quantum meruit, unjust enrichment and declaratory relief and successfully resolved fee and non-solicitation dispute arising out of $121 million credit transaction on behalf of international investment consulting firm.
  • Represented Singapore-based manufacturer in international dispute seeking injunctive relief and substantial damages in connection with alleged “rip off” of online business, including claims alleging trademark infringement, trademark dilution, false designation of origin, copyright infringement, unfair competition, and breach of fiduciary duty.
  • Represented Indian company in federal district and appellate court action against high-end international retailer in connection with breach of contract, breach of fiduciary duty, and equitable claims arising from termination of the parties’ nine year business relationship during which the client invested millions of its own capital, along with immeasurable goodwill to build the brand in India.
  • Successfully opposed a motion for a preliminary injunction in the United States District Court for the Southern District of New York and subsequently secured voluntary dismissal of the action arising from the proposed construction of the largest water desalination plant in the Western Hemisphere, to be built on the Pacific Ocean in Rosarito, Mexico.
  • Represented boutique investment advisory firm located in India in a suit filed in New York State Supreme Court alleging failure to comply with the terms of the parties’ agreement concerning finder’s fee due in connection with an approximately $15 million acquisition opportunity arranged by the advisory firm.
  • Negotiated and secured a confession of judgment against client’s former attorney in connection with improperly handled international business transactions and assisted with post-judgment collection efforts domestically and abroad.
  • Successfully represented a foreign supplier of digital inkjet printing, packaging, and large format imaging services in a complex breach of contract and fraud action in the Northern District of New York, including joinder of an additional party and claims for unfair competition, misappropriation of trade secrets, breach of Non-Disclosure Agreement and attempted monopolization.
  • Advised borrowers concerning affiliate liability under certain loan agreements in connection with voluntary insolvency proceedings in the Mexican District Court and related proceedings in the Southern District of New York concerning an order granting recognition of a foreign representative and foreign main proceeding pursuant to 11 U.S.C. §§ 1517(a) and 1517(b)(1) of the Bankruptcy Code.
  • Successfully resolved dispute on behalf of an international consultant due unpaid compensation under oral agreement to expand New York based company’s investment business in Latin America.
  • Represented international senior executive who relocated for position in connection with separation agreement from a global brewing company, including negotiation of severance, relocation fees, outplacement services, and additional benefits.

ampersand symbolOutside General Counsel

Crosby & Higgins LLP’s Outside General Counsel practice takes a unique approach and leverages in-depth, continuous relationships between lawyer and client to gain a thorough understanding of the client’s business and deliver top-tier work product, while minimizing costs and response times. All too often, businesses call upon lawyers ad hoc, without any prior relationship. At Crosby & Higgins LLP, our lawyers believe that a fundamental understanding of a client’s business not only reduces the time and cost necessary to complete projects, but it also enables our lawyers to assess and respond to client needs at every stage of their journey.

CASE SUMMARIES

  • Served as outside intellectual property counsel for a well-known online marketplace in connection with various DMCA notification matters; infringement, and intellectual property protection matters; evaluation, organization, and preparation of responses to various state and federal subpoenas; trademark investigations, negotiations, and filings; and revision of terms of service/privacy policy.
  • Provided outside general counsel services for a leading software company including negotiation and drafting of deals, reviewing of contracts and license agreements, filing of litigation, and advising on various employment and labor related matters.
  • Represented a publicly traded middle market metals distributor, on a full range of general corporate matters including employment agreements, litigation, securities matters, contract issues and drafting, intellectual property filings, real estate transactions, and UCC matters.
  • Provided general corporate counsel services for product marketing and distribution company including negotiation of deals, drafting of contracts, advising on employment matters, and general business support.
  • Advised clinical-stage biopharmaceutical company on variety of matters including fees disputes, interacting with online trading platforms, and investment issues.
  • Advised NYC educational consulting company in connection with independent contractor agreements, investment issues, and interactions with NYC Board of Education.
  • Advised NYC not-for-profit corporation in connection with various corporate matters including regulatory filings, conflict of interest questions, Board resolutions, re-drafting of bylaws, and review and drafting of policies and procedures including grant distribution policy, investment guidelines, and conflicts of interest policy.
  • Advised medical practice regularly in general business matters including drafting employment related agreements, revising HR policies and employee handbook, reviewing contracts, and providing counsel on various business matters.

ampersand symbolReal Estate

Our corporate lawyers advise clients on various matters related to commercial real estate. Our lawyers are experienced with all aspects of real estate related matters, including commercial leases, property disputes, commercial landlord-tenant disputes and complex real estate transactions.

CASE SUMMARIES

  • Represented member of real estate LLC concerning dissolution, and allegations of breach of the operating agreement, harassment, and fraud in a complex commercial arbitration matter before AAA.
  • Represented tenant in dispute with landlord concerning early termination of lease following closure of business.
  • Successfully defeated a motion to dismiss in New York County Supreme Court, Commercial Division, in an action brought on behalf of a New York State real estate brokerage firm, arising out of the defendants’ alleged fraudulent conduct and repeated breaches of an exclusive and a co-exclusive brokerage agreement concerning claims, among others, that defendants breached the parties’ agreements by marketing the rental units in question as short-term rentals in violation of the New York State Multiple Dwelling Law.
  • Represented a publicly traded middle market metals distributor in connection with the multi-million dollar purchase and sale of warehouse distribution facilities.
  • Obtained multi-million dollar judgment after bench trial in the commercial division of New York State Supreme Court in an action to pierce the corporate veil and recover damages from corporate defendant individually for a breach of contract claim arising out of the sale of 44 New York condominium units.
  • Represented real estate broker in negotiation for commission fees due from prominent real estate firm.
  • Represented successful salon in proposed corporate asset sale and assignment of lease.
  • Represented commercial tenant in lockout dispute with NYC landlord.
  • Represented business in commercial landlord-tenant dispute concerning allegations of constructive eviction and breach of lease in connection with three commercial units, reaching settlement agreement to fully resolve the matter.
  • Successfully navigated a commercial landlord dispute on behalf of New York business owner.
  • Represented prominent online real estate resource in copyright and trademark infringement matter in case brought before the United States District Court for the Southern District of New York.
  • Secured victory on $3.9 million specific performance claim arising out of Alabama Gulf Coast beachfront development lending dispute.

ampersand symbolRegulatory Practice

We are well-versed in regulatory matters. Depending on the nature of the client’s business, politics and legislation are often a major factor in day-to-day operations as well as other legal needs. Our attorneys assist clients in an array of activities, including reviewing proposed legislation and providing legal analysis in support of legislative efforts.

CASE SUMMARIES

  • Served as counsel on behalf of a coalition of New York City medallion taxicab interests in connection with Article 78 proceedings brought against the City of NY and related legislative efforts concerning medallion taxicab owners’ exclusive, statutory right to hails amidst the proliferation of on-demand e-hails being solicited in NYC by companies such as Uber and Lyft.
  • Counseled client on implications of liquidation proceedings involving corporate investor including a review of federal securities laws, state “blue sky laws,” and SEC regulations.
  • Advised NYC not-for-profit corporation in connection with regulatory filings, conflict of interest questions, review and drafting of policies and procedures.
  • Represented successful snack product company in regulatory matters pertaining to notice of violation of Proposition 65, California health and safety law.
  • Advised NYC not-for-profit corporation in connection with internal investigation of accounting and documentation of charitable grant giving activities and reporting of same to relevant regulatory authorities.
  • Provided legislative analysis in connection with certain consumer protection laws for medical practice group.
  • Represented broker against major insurance company in connection with expungement issue related to his record.

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NEWS HIGHLIGHTS

August 15, 2019- Crosby & Higgins LLP Successfully Resolves Americans With Disability Act Dispute In US District Court For The Eastern District Of New York

Crosby & Higgins LLP has successfully resolved claims alleging violations of the Americans With Disabilities Act of 1990, New York State Human Rights Law, and New York City Human Rights Law in connection with the website and mobile phone application of its client, a major online resale marketplace for buying and selling luxury and designer […]

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TESTIMONIALS

“Passionate, persistent, professional and persuasive – only a handful of the words that begin to capture and reflect the high-quality advice and tenacious advocacy Todd Higgins and his team bring to every matter they embrace, large or small, complex or straight-forward”

— Shawn K. Singh, JD

Chief Executive Officer and Director, VistaGen Therapeutics, Inc.

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