LAND USE, TOXIC CONTAMINATION and ZONING
We have been involved in two prominent land-use press cases recently at Creedon & Gill.
At Veterans Way in Islandia we represent five of the Veteran families whose homes in Islandia were victimized by illegal dumping and toxic contamination
CREEDON & GILL has successfully litigated the highest visibility Toxic Tort and Land Use cases. We are experts in handling Unfair Competition and Trade Secret cases, we draft Construction Contracts, handle contractor general counsel work and file, foreclose on and challenge intentionally exaggerated Mechanic's Liens. We can have an unfair competitor in front of a Judge in as little as a day if necessary. We are partnered with one of the country's biggest business brokers and can help you purchase or sell a business, form an S-Corp or LLC, and draft an operating agreement.
We are proud of the justice we have obtained so far for these Veterans, relying on our experiences as prosecutors and our expertise in the areas of coverage, construction, and environmental laws.
In Brookhaven, Suffolk Regional Off Track Betting tried to railroad a casino into residential backyards. They spent a lot of money and intended to ignore a lot of laws to get it done. Creedon & Gill was hired by the Civic Associations to stop them. We did, relying on our expertise in land use and municipal liability litigation.
BUSINESS FORMATION/PURCHASE AND SALE
At Creedon & Gill we are partnered with Vested Business Brokers, the single largest privately owner business brokerage in the Country. Many people choose to start a business from scratch, many more choose to jump start the process through the purchase of an already thriving company.
Knowing how to form a S-Corp or an LLC is only part of it. While the idea is simple, the execution is not. Picking the right business to purchase is only the start of the process. Making the sale happen in the way that best suites your business goals is a complicated process.
The first fork in the road usually comes on the decision of whether you are purchasing or selling only the good will of the company, along with its existing assets, accomplished through an asset purchase agreement, or whether you will be purchasing both the assets and the liabilities of a company through a stock purchase agreement.
Making these decisions, along with allowances for the way payments will be made, how payments will be guaranteed, drafting notes associated with the sale and non compete clauses, allowing for the value of equipment, trademarks, client lists, insurance, tax and existing employees issues are some of but hardly all of the questions involved in the purchase or sale of a business.
Even if you are going to be running a small or medium sized business by yourself, and especially if you are not, having the right operating agreement to define the roles of all involved and anticipate the typical problems a company runs into is crucial to a company’s success.
If you plan for the kind of problem you are likely to run into, when they happen you will have a framework to work swiftly and fairly through the. In certain situations its said that its important to plan for the four “D”s. Death, Disability, Divorce an Disinterest. Without the right operating agreement and laying the right foundation, the parties with a stakeholder interest in a business can find themselves at expensive dagger points in a Courthouse where only the lawyers are winning.
If you are starting a business, or in the market to buy or sell a business, an experienced attorney at your side can make all the difference. We can provide the same services and make the same difference for you if you are buying or selling a home.
Creedon & Gill provides general counsel and litigation services to construction companies including on several of the biggest prime contractors in New York. We are expert at negotiation construction contracts and making sure that if something goes wrong the contract they entered into doesn't contain the kind of poison pills that can put a company out of business.
We are experienced with providing guidance on the kinds of insurance construction contractors need to obtain - and what to stay away from, drafting non compete agreements for key employees, drafting employee handbooks, accident investigations, workers compensation cases, disciplinary practices and the practices involved in filing mechanic's liens, bonding them, bringing on foreclosure suits to enforce them, and challenging mechanic liens as intentionally exaggerated.
if you are involved in a nasty business dispute, at Creedon & Gill we are experts in getting your case in front of Judge in as little as a day.
In cases where someone has stolen trade secrets, or grossly violated a non compete clause, or is poaching clients or a trademarked product or service it is imperative that the damage be stopped immediately and that a strong message be sent that you will not be victimized.
An Order to Show Cause for a Temporary Restraining and for an Injunction can stop a bad actor dead in their tracks the next morning.
By way of example in Pisa Brothers v. Powers 106 A.D.3d 485 (App. Div. 1st Dept 2013) Creedon & Gill represented a world renowned travel agency in a case where it alleged that a former employee had deceptively removed client lists which constituted trade secrets and used them with a new employer to unfairly compete with them.
As the Appellate Division wrote:
The motion court correctly found that a triable issue existed as to whether Pisa Brothers' compilation of client lists over an 80–year period, along with folders containing clients' personal information, after years of advertising and assisting clients, constituted trade secrets, which plaintiff paid good value to purchase (see Ashland Mgt. v. Janien, 82 N.Y.2d 395, 407, 604 N.Y.S.2d 912, 624 N.E.2d 1007  ). The misappropriated Pisa Brothers client information was not readily known, or available in the cruise trade industry, and as defendants' own conduct substantiates, such information was discoverable only through their deceptive efforts (see Stanley Tulchin Assoc. v. Vignola, 186 A.D.2d 183, 185, 587 N.Y.S.2d 761 [2d Dept. 1992] ). The evidence also raises factual issues to support the cause of action alleging that defendants engaged in unfair competition by misappropriating client information plaintiff had negotiated to purchase from Pisa Brothers, and using it to defendants' commercial advantage (see Electrolux Corp. v. Val–Worth, Inc., 6 N.Y.2d 556, 567–568, 190 N.Y.S.2d 977, 161 N.E.2d 197 ; ITC Ltd. v. Punchgini, Inc., 9 N.Y.3d 467, 476–478, 850 N.Y.S.2d 366, 880 N.E.2d 852  ).
The Appellate Divisions and legal encyclopedias of New York continue to refer to this leading case in matters concerning unfair competition by former employees.