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Experience
  • Cannabis

    Counseled a client in preparing for obtaining an industrial hemp growing license, including citing, materials, and an agriculture application.

  • Commercial Litigation

    Defended Oneida Indian Nation Police Department officers in an excessive-force lawsuit filed in federal court. Obtained complete dismissal of the case on summary judgment after discovery.

  • Cannabis

    Assisted with real estate leasing and property options for facilities, including production for CBD isolates. 

  • Real Estate

    Represented a bank in a construction loan involving mixed-use property in Rochester, New York. The $11 million transaction involved a SWAP component, negotiating borrower and guarantor recourse issues, and resolving title issues.

  • Cannabis

    Assisted with an NY Department of Agriculture & Markets, Plant Industry Division application for authorization to process hemp on behalf of a wholly owned subsidiary. 

  • Restructuring, Bankruptcy & Creditors' Rights

    Successfully opposed portions of a motion to approve bidding procedures for a sale of assets.

  • Elder Law & Medicaid Planning

    Assisted a client with a progressive memory impairment in obtaining Community Medicaid that allowed him and his wife to continue living together in a community. When the client’s disease progressed, helped him successfully enter a nursing home while protecting he and his wife’s assets, which allowed her to remain in the community.

  • Elder Law & Medicaid Planning

    Successfully prosecuted a Chronic Care Medicaid application and protected a modest amount of assets for a client. Also performed forensic accounting to assure no prior gifts would contaminate the client’s plan, helped the family avoid probate, protected life insurance and qualified funds, and reviewed and approved the Medicaid determination.

  • Commercial Litigation

    Successfully defended a multi-national corporation against a lawsuit claiming the operation of a 13,000+ acre underground mining operation had not been subjected to an adequate environmental impact review.

  • Elder Law & Medicaid Planning

    Helped an 88-year-old client remain in his home in the community by getting him Community Medicaid that paid for aide service and up to $45,000 in home improvements every three years. Protected the client’s home, the balance of assets, and secured rights for the client’s disabled daughter to be paid $11/hour to look after him.

  • Canada-US Cross-Border

    Served as local NY counsel to a Canadian client in a $9.4 million cross-border acquisition of a food manufacturer and related real estate.

  • Cannabis

    Represented a client in a dispute over the ownership of a medical marijuana licensee, resulting in a nearly $1 million buyout.

  • Corporate

    Served as outside general corporate counsel to a safety equipment distributor regarding negotiating and preparing an asset purchase agreement in which the client purchased inventory and intellectual property worth $3.3 million from a safety equipment distribution company in Pennsylvania.

  • Corporate

    Served as outside general corporate counsel to a safety equipment distributor in its $3 million acquisition of a safety equipment distribution company in Indiana.

  • Restructuring, Bankruptcy & Creditors' Rights

    Assisted a receiver in liquidating the assets of a garbage collection business and handling environmental and wage issues connected to the business. Assisted the receiver in collecting over $2.5 million, which resulted in full payment to all secured creditors with a small dividend to unsecured creditors.

  • Corporate

    Serves as counsel for a medical device start-up in connection with its $3 million Series B Regulation D, Rule 506 accredited investors equity round. Also served as counsel in its $3.6 million Series A round. The Series B round involves the preparation of various documents, including pre-emptive rights notices, an amended and restated operating agreement, subscription agreements, authorizing resolutions, and the creation of a post-funding equity incentive plan. 

  • Cannabis

    Advised client on regulatory constraints regarding employing felons in a hemp business.

  • Insurance Coverage & Regulation

    Obtained summary-judgment dismissal of a complaint against the county and district attorneys that sought $9 million in damages for malicious prosecution. 

  • Corporate

    Served as outside general corporate counsel to a commercial cooling, heating, and ventilation systems manufacturer in acquiring $1 million business assets from a NY wholesale air conditioning supplies company.

  • Cannabis

    Counseled and assisted professional athlete regarding investment and involvement in cannabis business, including disputes with business partners and with sport governing body.

  • Commercial Litigation

    Represented a municipal client whose competitor sued to invalidate a public-property lease the client had entered into with a for-profit enterprise on the basis of statutory and constitutional grounds. The firm cross-moved for judgment, successfully obtaining a denial of the competitor's motion with the court granting the client's cross-motion and dismissing the case.

  • Cannabis

    Drafted an agreement to purchase industrial hemp biomass for a cannabinoid-products company.

  • Corporate

    Counseled a private liberal arts college on its overseas program, including relationship-building and documenting agreements for the provision of educational instruction at partner institutions overseas.

  • Corporate

    Represented a principal and a long-standing local business in the sale of the principal's 100 percent membership interest, negotiating the sales contract and consummating the entire transaction, including financial assumptions, vendor consents, and negotiating a new lease and employment contract. The result of the transaction assured the orderly transition of the company to another entity and the continuation of the company for the benefit of the community and the employees.

  • Real Property Tax & Condemnation

    On behalf of the New York Land Bank Association, drafted five successful amendments to Article 16 (The Land Bank Act) of the Not-For-Profit Corporation Law that were signed into law by Gov. Andrew Cuomo.

  • Cannabis

    Assisted client's wholly owned subsidiary in submitting a NY Department of Agriculture & Markets, Plant Industry Division application for authorization to process hemp, resulting in successful licensure.

  • Corporate

    Served as outside general counsel to sellers in a $15 million sale of 25 Burger King restaurant franchises and related business assets to an Oklahoma purchaser.

  • Labor & Employment

    Obtained summary judgment in a toxic-exposure and NYS Labor Law case with significant injuries claimed.

  • Corporate

    Served as outside general counsel to a purchaser in the acquisition of Oklahoma taco restaurant franchises and related business assets collectively valued at $2.8 million.

  • Cannabis

    Advising a client on the tax implications of operating an industrial hemp business, including analyzing Section 280E of the Internal Revenue Code.

  • Corporate

    Represented a music distribution and licensing company in the $2.5 million sale of its business assets, including intellectual property and other proprietary rights in various recordings and musical compositions.

  • Cannabis

    Created a NY LLC that can acquire, possess, manufacture, sell, deliver, transport, distribute, and dispense marijuana for certified medical use.

  • Environmental

    Successfully defended action brought by a consortium of environmental groups challenging the environmental review and permitting conducted by the NYS Department of Environmental Conservation for the resumption of operations of a historically coal-fired electric generating facility on natural gas. Secured a successful outcome before the lower court that withstood appeal following the Appellate Division's granting of the motion to dismiss the appeal as moot.

  • Cannabis

    Negotiated a facility lease for a hemp processing manufacturer.

  • Corporate

    Represented a US esports company in its Regulation D, Rule 506 private placement fundraising rounds and subsequent $25 million cross-border stock sale to a Canadian purchaser.  

  • Elder Law & Medicaid Planning

    Helped a paraplegic move into his daughter’s home, successfully obtain Community Medicaid, and obtain 24/7 care paid for by the Community Medicaid. Also secured rights for the client's daughter to charge him $3,500/month in rent. 

  • Cannabis

    Assisted an industrial hemp client with the purchase of a $4.5 million facility to use for statewide hemp processing, including obtaining various license approvals and collecting letters of support from local and state government officials.

  • Media & First Amendment Law

    Successfully prosecuted an Article 78 proceeding on behalf of local news media to obtain public records (video recordings) concerning an assault by law enforecement against an unarmed detainee.

  • Corporate

    Served as outside general counsel for nursing home facilities and related sellers in a $45 million multi-year, progressive equity sale of nursing home entities and in the NYS Department of Health (DOH) regulatory approval process.  

  • Environmental

    Represented a residential hamlet and the Town of Pomfret to establish a water district and to finance improvements pursuant to NYS Town Law, including SEQRA compliance, governmental permitting, and USA Rural Development Agency finance. 

  • Construction & Surety

    Obtained summary judgment dismissal of a complaint against a commercial real estate developer and local industrial development agency that sought to foreclose a mechanics’ lien for over $250,000.

  • Insurance Coverage & Regulation

    Represented a large private university in Upstate New York on its rights to insurance coverage with regard to multiple sexual harrassment claims. 

  • Cannabis

    Assisted client in applying for and obtaining registered organization status as one of the first five registered organizations authorized to grow, produce, and distribute in NYS under the NYS Compassionate Care Act. Continuing working on maintaining status and assisting with regulatory compliance. Researched pharmaceutical-grade honey for use in a medical lozenge. Handling facility issues.

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