Smith, Buss& Jacobs, LLP has prepared a brochure which describes our practice.
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Bankruptcy & Creditor's

Smith Buss & Jacobs represents clients in all aspects of bankruptcy, business reorganization, creditor and debtor rights, fraudulent transfer litigation and investigations. The firm represents corporations, partnerships, and individuals in financial difficulty, trustees who have been appointed to bankruptcy proceedings, creditors, and persons who are acquiring assets or businesses from fiscally troubled entities.

Business Law

Smith, Buss & Jacobs provides its clients with legal counseling and assistance for every business need or transaction. We assist our clients in deciding what business structure is most appropriate for each transaction, and in the formation of those business entities. We establish limited liability corporations, limited liability partnerships, traditional partnerships, corporations, joint ventures, trusts, or other vehicles best suited for the client or the transaction. We prepare shareholder agreements, buy-sell agreements, confidentiality agreements, employment agreements, deeds of trust and other documents necessary for the efficient management and operation of those business vehicles. We take particular pride in acting as your general or in-house counsel, and in working efficiently with business clients who already have an in-house legal department. We counsel our clients on how to avoid litigation and manage risk, how to maximize their chances for success prior to commencing litigation, and in planning new business initiatives which have a litigation risk component. In addition, we provide confidential counseling on how to coordinate legal concerns with effective business plan implementation, media relations, or governmental scrutiny, particularly in sensitive or high profile situations.

Commercial Real Estate

Smith, Buss & Jacobs is a full service real estate firm, representing clients in the purchase and sale of property, leasing, borrowing, lending, syndications, private placements, real estate construction, development, zoning, subdivision approval and related environmental matters. We represent numerous developers and investors in the acquisition of commercial property and multifamily housing, and actively negotiate the associated institutional financing to protect our client's real estate interests. The firm also helps developers come together with investors through private placements and syndications. The firm has made a number of successful commercial real estate investments on its own behalf. As owners ourselves, we bring to your account our own experience as principals as well as lawyers. Recently the firm has expanded its leasing practice to reflect the new information technology options available to modern business. We actively negotiate electronic linkages among landlords, tenants and Internet and communications service providers for more efficient business operation. Historically, the firm has represented several institutional lenders in their residential real estate loan work. We are familiar with the documentary and regulatory requirements associated with real estate lending in the retail and secondary markets. We also counsel commercial borrowers in negotiating financing commitments with institutional lenders for both portfolio and conduit loans.

Cooperative and Condominium

Smith, Buss & Jacobs provides comprehensive legal representation in all areas of community association law to cooperative corporations, condominium and homeowner associations, individual owners and investors, and sponsors of public offerings. The firm is counsel to over one hundred full-service condominiums, cooperatives and homeowners associations in the New York metropolitan area. Our general counsel services incorporate practical advice to Boards regarding common problems, protection against potential liability, dispute resolution, contract negotiations, labor law representation, and litigation services. We maintain a full-service transfer department for sales and purchases, and a full-time default and landlord/tenant department to streamline collection of arrears. The firm also represents many different types of condominium and cooperative sponsors, including developers of new construction condominiums and converters of rental buildings to cooperative and condominium ownership. In addition, the firm has assisted diverse groups of owners and tenants in rental buildings who wish to establish a consensual condominium or cooperative association. Smith, Buss & Jacobs is one of the only law firms in New York State to successfully restructure an ongoing cooperative corporation as a condominium association, including the legal and financial analysis of the requirements of the conversion, settlement and refinancing of loans for each individual shareholder, and preparation of the unique documentation needed to facilitate the transition. We help newly formed associations make the transition to independent control, and have assisted many distressed associations in negotiating and restructuring their debts. In addition, the firm regularly counsels individual owners and owner groups to resolve problems with their condo and co-op boards. Due to the firm's broad experience in all areas of co-op/condo practice, we can offer creative solutions to the unique problems of community living.

Energy Law

Smith, Buss & Jacobs provides legal representation designed to creatively assist its clients in maximizing the opportunities available under deregulation. We have substantial experience in representing major clients in the development and licensing of energy generating facilities, including independent power producers (IPP's), qualifying cogeneration and small power producers (QF's), exempt wholesale generators (EWG's), energy service corporation's (ESCO's), complex oil and gas litigation involving PURPA, the Public Service Law, the Transportation Corporations Law, tariff disputes, contract disputes and various federal and state energy programs, rate making and rate design proceedings, regulatory and legislative matters, electric transmission issues, contract negotiations, power sales agreements, construction and engineering contracts, operating and management contracts, and fuel and other support or project documents. Smith, Buss & Jacobs has represented clients with Article X permit applications in New York State, with administrative matters before the New York State Department of Public Service and the New York State Department of Environmental Conservation, with transmission, cost sharing, pricing and access issues before the New York Independent System Operator (ISO), in complex litigation in federal and state court, and in the drafting of legislation for various legislative bodies. Smith, Buss & Jacobs has also represented property owners and businesses in the preparation and negotiation of energy supply contracts. With the assistance of our environmental, real estate and litigation departments, Smith Buss & Jacobs is well positioned to service all of your energy practice needs.

Environmental Law

Smith, Buss & Jacobs provides its clients with a full service environmental practice, including the negotiation of environmental contract provisions, environmental due diligence reviews, regulatory consultation, agency representation, and environmental litigation in state and federal courts as well as the defense of administrative enforcement and penalty proceedings. We provide our clients with representation on matters involving the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the Resource Conservation and Recovery Act (RCRA), the Clean Air Act (CAA), the Clean Water Act (CWA), the National Environmental Policy Act (NEPA), the State Environmental Quality Review Act (SEQRA), the Uniform Land Use Review Procedure Act (ULURP), toxic tort litigation, solid waste, hazardous waste, Tidal and Freshwater Wetlands Act, coastal zone protection, open space conservation, landmark preservation, historic preservation, nuisance, and other matters.

Land Use and Zoning

Smith, Buss & Jacobs represents its clients in all aspects of land use and zoning. The firm's attorneys have served on Zoning and Planning Boards in the communities in which they reside and have represented clients before Municipal Boards and agencies in several Westchester communities and in New York City. We have represented both developers and municipalities on zoning issues, subdivisions, the siting of large scale developments, and in litigation involving SEQRA, ULURP, and constitutional challenges. We have assisted clients in the planning and development of residential and commercial developments, in the negotiation and closing of air rights and other exotic development transactions, and in matters before the New York City Planning Commission, the New York City Landmarks Preservation Commission, Community Planning Boards, and various executive and legislative bodies.

Litigation

Smith, Buss & Jacobs commences and defends civil litigation involving commercial and business disputes, contract disputes, real estate, environmental, energy, white-collar fraud, unfair competition, zoning, constitutional law, civil rights, toxic torts, contested estates, RICO claims, bankruptcy, labor, and administrative law. Our litigators have substantial trial and appellate experience in federal and state courts throughout the United States as well as before administrative agencies and arbitration panels. We have successfully and aggressively represented our clients in complex litigation and in numerous jury trials. We also prepare and defend emergency applications, including applications for preliminary injunctions, stays, attachments, seizures and other expedited relief. We work with our clients from the very beginning to develop and present a winning trial argument. In doing so we remain cognizant of the expense of litigation and will work with you to develop a realistic budget, and to efficiently employ the latest technology to streamline data management and maximize trial presentation. Smith, Buss & Jacobs also advises clients on how to avoid litigation and on valuing litigation concerns when making day to day business decisions.