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Areas of Practice
| CORPORATE AND BUSINESS REPRESENTATION |
| The firms attorneys serve all types of business entities, large and small, public and closely-held, local, regional and international and whose businesses range from manufacturing to professional organizations. Our diversity of expertise enables us to serve the changing needs of our business clients. |
| ESTATE PLANNING AND ADMINISTRATION |
| The firm is active in the practice areas of estate and business planning, estate administration and trust services. |
| INSURANCE DEFENSE AND INSURANCE LITIGATION |
| The firm represents a broad range of regional, national and international insurance companies and their insureds in virtually all areas of coverage and defense. |
| INTELLECTUAL PROPERTY |
| The firm counsels and assists both owners of intellectual property and those alleged to have infringed intellectual property rights. |
| LABOR AND EMPLOYMENT LAW |
| The firm counsels employers in complying with the full range of labor, employment and benefit laws and litigates those matters that cannot be resolved in agency, court and arbitration proceedings. Our attorneys frequently provide training workshops and seminars to individual businesses and employer groups, and are asked to lecture before attorney, professional and human resource management groups. |
| REAL ESTATE CONVEYANCING, DEVELOPMENT AND FINANCING |
| The firms real estate clients include business and individual lenders, investors, owners and developers. We represent commercial clients in the acquisition, permitting, financing, leasing and sale of real estate. We also represent individuals in the purchase, sale, development and protection of their properties. Our real estate practice serves property owners, lenders, developers and municipalities. |
| TRIAL AND ALTERNATIVE DISPUTE RESOLUTIONS |
| The firm has extensive litigation, arbitration, mediation and trial experience before state and federal courts and administrative tribunals. |
| WORKERS COMPENSATION |
| The firm represents a wide group of large and small insurers, self-insurers and third-party administrators in workers compensation matters. |
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| CORPORATE AND BUSINESS REPRESENTATION |
The firms attorneys serve all types of business entities, large and small, public and closely-held, local, regional and international and whose businesses range from manufacturing to professional organizations. Our diversity of expertise enables us to serve the changing needs of our business clients.
- Corporate law and governance
- Incorporations, reorganizations, dissolutions, Sub-S, Sub-C corporations
- Mergers, acquisitions and sales, asset and stock purchases
- Limited Liability companies, partnerships and joint ventures
- Employment, consulting and non-competition agreements
- Representation of lenders, borrowers and investors in financing and debt restructuring arrangements
- Product sale and licensing arrangements
- Stockholder / partner planning including Buy-Sell, voting and compensation agreements
- Representation before federal, state and local governmental agencies and commissions
- Tax planning and dispute resolution
- Medical and other professional corporations, partnerships and limited liability companies
- Not-for-profit and charitable organizations
- Business litigation in federal and state courts, arbitration and mediation
- Protection of intellectual property
- Sales and use tax audits
- Real estate tax appeals
- Directors and officers liability
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| ESTATE PLANNING AND ADMINISTRATION |
The firm is active in the practice areas of estate and business planning, estate administration and trust services
- Preparation of wills and trusts
- Planning for distribution and management of closely held business and real estate assets, including buy / sell agreements, leases, corporate reorganizations and partnerships.
- Irrevocable trust counseling, including tax planning for life insurance and charitable and other giving
- Tax planning for high net worth individuals
- Pensions and deferred compensation
- Special planning for the elderly, including using trusts to manage assets, durable powers of attorney and durable powers of attorney for health care
- Counseling relating to inter-vivos or "living" trusts, including asset management and avoidance of probate where appropriate
- Estate and trust administration including probate proceedings, income and estate tax planning, preparation of fiduciary income and estate tax returns and administration and distribution of assets
- Appointment and representation of guardians and conservators
- Charities and private foundations
- Representation of estate and trust heirs and beneficiaries in will contest and fiduciary litigation
- Counsel to banks and other institutions serving as fiduciaries including administration, fiduciary liability and litigation defense
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| INSURANCE DEFENSE AND INSURANCE LITIGATION |
The firm represents a broad range of regional, national and international insurance companies and their insureds in virtually all areas of coverage and defense.
- Personal Liability
- Product Liability
- Unfair claims settlement practices litigation and preventive counseling
- Construction Liability
- Coverage issues
- First party claims
- Fire damage / arson
- Property damage
- Premises Liability
- Life insurance claims
- Employment practices liability and coverage issues
- Disability, medical and employee benefits claims
- Architectural and engineering errors and omissions, and general liability
- Construction professional errors and omissions, and general liability
- Real estate agent, broker and agency, errors and omissions and general liability
- Legal errors and omissions and professional liability
- Medical, dental, hospital and physician professional liability
- Insurance agent and broker errors and omissions
- Directors and Officers liability
- Ski Area / Recreational Sports Liability
- Wrongful death
- Municipal liability
- Environmental and toxic tort coverage disputes and defense of claims
- Arbitrations, mediations and trials in state and federal courts.
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| INTELLECTUAL PROPERTY |
The firm counsels and assists both owners of intellectual property and those alleged to have infringed intellectual property rights. Our attorneys have experience in the following areas:
- Patent litigation
- Trademark disputes
- Copyright infringement issues
- Trade secret issues
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| LABOR AND EMPLOYMENT LAW |
| The firm counsels employers in complying with the full range of labor, employment and benefit laws and litigates those matters that cannot be resolved in agency, court and arbitration proceedings. Our attorneys frequently provide training workshops and seminars to individual businesses and employer groups, and are asked to lecture before attorney, professional and human resource management groups.
Preventive Counseling
- Hiring, evaluating, terminating employees
- Sexual Harassment
- Employment discrimination
- Employee procedures manuals
- Employment contracts and covenants not to compete
- Workers Compensation Issues
- Trade secret protection
- Training workshops and programs
- Reduction-in-force and downsizing programs
- Record Keeping
- Union Avoidance
- Internal investigations
- Avoiding wrongful termination
Employee Benefits
- COBRA
- Family and Medical Leave Act
- Americans with Disability Act
- Wage and hour claims including overtime, unemployment compensation and independent contractor issues
Litigation and Trials
- Trials in all courts
- Representation before EEOC and other agencies
- ERISA claims
- Arbitration hearings
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| REAL ESTATE CONVEYANCING, DEVELOPMENT AND FINANCING |
The firms real estate clients include business and individual lenders, investors, owners and developers. We represent commercial clients in the acquisition, permitting, financing, leasing and sale of real estate. We also represent individuals in the purchase, sale, development and protection of their properties. Our real estate practice serves property owners, lenders, developers and municipalities.
- Acquisitions and sales, including contract negotiation and preparation
- Representation of owners, lenders and title insurance companies in mortgage financing
- Commercial and residential subdivision and development
- Lease drafting and negotiation
- Condominium creation and representation
- Conveyancing and title examination
- Title insurance
- Foreclosures, loan workouts and secured lenders in bankruptcy
- Zoning compliance, permitting and regulation including representation before planning, zoning, district environmental and other state and local agencies and commissions
- Counseling for environmental liabilities, title and land use problems associated with real estate transactions
- Negotiating real estate issues in business acquisitions, divestitures and mergers
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| TRIAL AND ALTERNATIVE DISPUTE RESOLUTIONS |
The firm has extensive litigation, arbitration, mediation and trial experience before state and federal courts and administrative tribunals.
- Commercial and general business litigation
- Shareholder and partnership disputes
- Employment disputes, including discrimination claims
- Personal injury
- Wrongful death
- Product liability
- All types of professional negligence, including legal, medical, hospital, real estate, insurance, accounting, architecture and engineering
- Insurance disputes, including coverages issues
- Construction litigation
- Consumer protection
- School and municipal liability
- Estates, trusts and fiduciary liability
- Civil rights
- Real estate and development
- Ski Area / Recreational Sports Liability
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| WORKERS COMPENSATION |
The firm represents a wide group of large and small insurers, self-insurers and third-party administrators in workers compensation matters.
- Advice, recommendations and explanations concerning the Workers’ Compensation Act and its regulations
- Administration of self-insured and insured workers’ compensation programs
- Coordination of all Human Resources department issues (unemployment, ADA, FEPA, 643(b) and disability insurance) with claims for workers compensation benefits
- Handling of workers compensation problems to avoid claims
- Representation before the Department of Labor at conferences and hearings
- Advice as to the best method of adjusting, paying claims and terminating payments
- Training employer workers compensation specialists, managers and administrators
- Valuing, negotiating and presenting workers compensation settlements
- Defending employer liability suits
- Representation for appeals to the superior and supreme court
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Vermont Law Offices
Mead Building
98 Merchants Row, PO Box 310
Rutland, VT 05702-0310
Telephone: 802.786.1000
Facsimile: 802.786.1100
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New York Law Offices
Ryan Smith & Carbine, P.C.
134 Main Street
Whitehall, New York 12887-0075
Telephone: 518.499.1272
Facsmile 518.499.1273
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