Alternative Dispute Resolution
A national fraternity owned a chapter house at a local university. The house badly needed repairs. The university was willing to pay for renovations but insisted on owning the property, both to justify its investment and to preserve its flexibility for long-range planning. The fraternity refused to surrender
control, and the parties were at an impasse. Fineman Krekstein & Harris
was called to evaluate the fraternity's litigation position. After meeting with both sides, Fineman Krekstein & Harris
attorneys negotiated the sale of the property to the university for an amount sufficient to complete the renovations, followed by a 30-year leaseback to the local chapter for a rental sufficient to cover operating costs, which the local chapter would have had to pay in any event. Both parties received what they wanted, and avoided a lawsuit.
Banking and Financing
Fineman Krekstein & Harris
attorneys successfully represented a bank against claims from a customer that embezzlement by the customer's employee should have been detected by the bank. We have also represented banks in litigation involving the bank's duties as Trustee of a Welfare Benefit Plan. Fineman Krekstein & Harris
attorneys also handle legal representation with regard to transactional matters, including commercial mortgage loans, asset-based lending and foreclosure matters.
Business and Corporate Law
Business law and the business client are the heart of our practice at Fineman Krekstein & Harris, PC.. Among the clients we represent are entrepreneurial start-up enterprises, growing technology companies, long-established family-owned businesses, companies involved in industry-wide consolidations, professional corporations, and publicly-traded companies. Our business lawyers provide a full range of technical legal services to these clients. In addition, we are frequently asked to play the role of an experienced business counselor on issues ranging from organization and structure to negotiating mergers and acquisitions.
Commercial Litigation
Commercial litigation is a mainstay of the Firm's practice, which covers a broad range of matters including sophisticated securities litigation, anti-trust matters, shareholder conflicts, contract and real estate disputes, intellectual property litigation and other business-related cases. We represent plaintiffs as well as defendants, and handle cases seeking equitable relief as well as money damages. Fineman Krekstein & Harris
attorneys have a significant working knowledge of finance, accounting, distribution systems and human resources, and often work directly with our cadre of excellent transactional and tax lawyers. Using these skills, we recently obtained a seven-figure settlement for a client who claimed breach of a shareholders' agreement arising from the refusal of the remaining shareholders to honor the exercise a put for our client's stock. Current recent cases include litigation involving charges and counter-charges between our client, a manufacturer, and its largest distributor; and the prosecution of claims against a broker-dealer and others for, inter alia, unauthorized trading which involved losses in the tens of millions of dollars. We handle commercial litigation in all state and federal courts in the region; and we are well-versed in the operation of Philadelphia's new specialized Commerce Court. All of our commercial litigators are also highly skilled in the use of alternative dispute resolution techniques to achieve cost-effective and creative solutions to many business conflicts.
Community Association Law
Fineman Krekstein & Harris
attorneys have successfully represented condominium
associations in precedent-setting cases and obtained landmark decisions from the Superior and Supreme Court of Pennsylvania. One case determined
that condominium unit owners cannot withhold or escrow payment of assessed charges for any reason, including dissatisfaction with the condominium
association's performance of common element maintenance. We have also
represented multi-family dwellings in a significant class action lawsuit in
federal court challenging the constitutionality of certain discriminatory
municipal license fees and waste removal policies.
Our attorneys have developed a well-recognized expertise in the complexities
of community association law. We are uniquely qualified to provide all
necessary general representation, transition, governance, enforcement,
litigation, document interpretation and drafting services to community
associations throughout Pennsylvania and New Jersey. We understand the
day-to-day challenges faced by managers, board members and unit owners from both a legal and practical standpoint. It is our goal, by rendering prompt and efficient legal services, to foster long-term relationships with the
community associations we represent.
Consumer Lending
Fineman Krekstein & Harris
attorneys represented a major secondary mortgage lender which was sued for violation of the Truth in Lending Statute. In addition to seeking compensation for violations of the statute, plaintiff also requested a jury trial. Fineman Krekstein & Harris
attorneys filed a motion arguing that plaintiff was not entitled to a jury trial because of the arbitration clause contained in the mortgage note. Shortly after the Judge granted Fineman Krekstein & Harris
' motion, the case was favorably resolved.
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Complex Civil Litigation
As counsel for a municipal parking authority, Fineman Krekstein & Harris
achieved
an unprecedented result that required one of the authority's tenants, the
operator of an underground parking garage, to perform about $10 million
in structural repairs. Working with world-renowned experts and structural
engineers, Fineman Krekstein & Harris
won an award from an American Arbitration Association panel, after a protracted trial, ordering the tenant to perform the necessary repairs as well as load tests to assure the safety of the facility.
When the tenant failed to comply with the arbitration award, the firm obtained an order from the United States District Court confirming and enforcing the award. As a result of these hard-fought victories, the parking garage has been put into a structurally safe condition.
Creditors' Rights
Fineman Krekstein & Harris has been in the forefront of representing creditors, law firms and agencies for violations of federal and state consumer protection laws including the Fair Debt Collection Practices Act, the Fair Credit Reporting Act and the Truth in Lending Act. Many of these lawsuits contain allegations that the defendants violated state debt collection statutes, defamed the plaintiffs and violated plaintiffs' right to privacy. In one recent case, Fineman Krekstein & Harris attorneys worked with lead counsel to defeat various claims against a debt collector for the repossession of cable equipment.
Emerging E-Commerce Organizations
Fineman Krekstein & Harris
attorneys currently represent many emerging E-Commerce organizations. The firm can assist an individual with an idea, take that idea, and formulate the idea into a business plan, create an appropriate business
entity from the plan, and then help fund the corporation both with an initial "angel" round of financing and a second round of financing with venture
capital firms. Our experience in the area has enabled our attorneys to resolve relationships between founding shareholders and investors, while at the same time helping position the business for its initial public offering. Our flexible fee structures have allowed us to be of assistance to those fledgling businesses
without unduly taxing their cash resources.
Employee Benefits
As counsel for a corporation that realized it had not correctly funded its 401(k) Fineman Krekstein & Harris
attorneys made a successful submission under the IRS Voluntary Correction Program which avoided any plan disqualification issues.
Fineman Krekstein & Harris
attorneys design and draft all types of qualified plans, including Defined Benefit, Money Purchase Pension Plans, Profit Sharing, 401(k) and ESOP. Our attorneys implement non-qualified plans for executives and also address employee benefit issues in the purchase and sale of a business.
Employment Litigation
In a case tried to a jury in the United States District Court for the Eastern District of Pennsylvania, the plaintiff claimed that the president of her employer corporation had told her she was being terminated because she was pregnant. Through cross-examination and exhibits graphically summarizing company records, Fineman Krekstein & Harris
attorneys were able to demonstrate that it was plaintiff's work performance and not her pregnancy that caused her termination. After brief deliberations, the jury returned a unanimous defense verdict.
Estate and Business Planning
Fineman Krekstein & Harris
attorneys are frequently asked to assist family businesses in structuring their generational estate and business planning. We were recently asked to help a client who had been operating a family-owned business for over 30 years and had built the business to a value of over $30 million. Two of the owner's children had been working in the business but had expressed concern over their futures. The owner's spouse was also concerned about other available resources in the event of the owner's death. We structured an integrated business and estate plan, in which family death taxes were substantially reduced and the children were assured that business ownership would pass to them so long as they worked in the business. Additionally, the plan called for the spouse to receive a comfortable annual income under all circumstances. Our client's
control of the business remained undiminished while preserving family harmony and creating a better working environment.
Government Relations and Advocacy
Fineman Krekstein & Harris
has represented a Philadelphia association of neighborhood community pharmacists on a variety of issues involving the Pennsylvania Medicaid Managed Care Program. As a result of our legal and governmental advocacy, a once exclusive network of pharmacy providers has now been opened up in compliance with state law to allow our client &#em;the neighborhood druggists on the corner &#em; to participate in the Medicaid system. Additionally, our advocacy on behalf of our client contributed to the Pennsylvania Department of Public Welfare decision to more closely monitor the providers
running the managed care portion of Medicaid. The firm's staff of government relations attorneys continues its aggressive work for community pharmacists and other associations.
In other recent work to assist a client, Fineman Krekstein & Harris was instrumental in having the New Jersey Legislature enact a statute that protects competition in the field of student photography.
Insurance
A London-based insurance company determined a managing general agent had not been remitting premium dollars regularly and had been engaging in other forms of fraud. Fineman Krekstein & Harris
attorneys completed an investigation and went to federal court. After a series of hearings, Fineman Krekstein & Harris
was appointed to liquidate the agency. Our attorneys removed all active files from the agent's offices and administered the account until the agency was sold. The company lost none of its commission money and continued in business with very little disruption.
In another example, a plaintiff sought substantial bad faith damages for a life insurance company's refusal to pay benefits under a mortgage credit disability policy. Fineman Krekstein & Harris
attorneys persuaded the trial judge to dismiss plaintiff's bad faith count before trial, as a matter of law. The seven-page opinion was one of the few written decisions a Pennsylvania court has rendered in the area of credit disability claims and has helped define what the insurers can do to avoid punitive damage awards in light of Pennsylvania's "bad faith" statute.
International Commercial Litigation
Fineman Krekstein & Harris
attorneys represented a large Japanese company that
was sued in Federal Court in Philadelphia. Communications were difficult. Making effective use of translators and audiovisual techniques, Fineman Krekstein & Harris
attorneys interviewed key witnesses, reviewed extensive documentation in Tokyo and determined the claim against their client lacked merit. As a result, Fineman Krekstein & Harris
persuaded the adversary to drop a multi-million dollar claim against the client on the basis of mutual releases, without any monetary payment. The adversary subsequently retained the firm to handle litigation involving Japanese parties and complex financial transactions in Tokyo and Philadelphia.
Toxic Torts
Plaintiffs sued our client (a landlord) alleging their two young children
suffered severe injuries from ingesting or being exposed to lead paint in their apartment. The plaintiffs claimed this exposure would result in permanent learning disabilities and future lost earning capacity. Following an investigation of the plaintiffs' backgrounds, we succeeded in limiting the client's and
insurer's exposure. Our investigation revealed the plaintiffs rented the property through a realtor who had responsibility to qualify the property for rent
subsidies and that our client had no knowledge of the alleged lead paint.
We located the landlord from the plaintiffs' previous apartment where there had been potential exposure to lead and joined both as additional defendants.
We also reviewed plaintiffs' medical, social and school histories to determine the existence of other factors that might cause or contribute to alleged learning
disabilities. Before trial the judge granted our motion for summary judgment on the grounds that our client had no notice of the lead paint hazard. As a result the case settled with minimal contributions from all three defendants.
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Mergers & Acquisitions
When a C corporation found a buyer for its assets at a favorable price, it was faced with the prospect of paying two federal income taxes on the gain from the sale. Fineman Krekstein & Harris
attorneys were able to structure the transaction through an intermediary organization to avoid one of those taxes. Fineman Krekstein & Harris
attorneys provide services in all aspects of mergers and business acquisitions. Many of our business attorneys have masters degrees in taxation and have been called upon to provide tax advice in sophisticated business transactions.
Product Liability
Fineman Krekstein & Harris
was involved in defending the first products liability claim to go to trial against a weight loss company, alleging its diet caused a plaintiff to have her gall bladder removed. By motion for summary judgment, Fineman Krekstein & Harris
was able to have the products liability claim dismissed. At trial, Fineman Krekstein & Harris
used a nationally known expert to demonstrate the client's diet was not a "rapid loss" diet and was safe when used properly. The judge entered a verdict in favor of our client, setting precedent applicable nationwide.
Public-Private Venture
Guiding complex, government-related projects to successful conclusions requires innovation, cooperation and persistence. Fineman Krekstein & Harris
represented a municipal parking authority in the development of an $18 million, state-of-the-art, multi-level parking facility in Center City Philadelphia on land owned by the Commonwealth of Pennsylvania and leased to the authority. When initial efforts to finance the project through issuance of tax-exempt bonds proved unsuccessful, Fineman Krekstein & Harris
attorneys helped the authority devise a bidding procedure and negotiate an agreement with a private developer. The agreement called for a 99-year lease of the property to the developer which built the facility using its own funds. The arrangement allowed our client to provide off-street parking, without spending taxpayer money, and to share in the revenues of the parking facility as well as future revenues from further on-site development.
Real Estate Transactions
In a landmark decision for condominium owners, Fineman Krekstein & Harris
succeeded in having the Supreme Court of Pennsylvania overturn a Superior Court
ruling. Previously, condominium councils did not have the power to deprive non-resident owners of their property interests in the condominium's parking spaces by providing monetary compensation to unit owners without parking spaces. The Supreme Court rejected that ruling, limiting its review to those instances where the condominium governing body actions are unauthorized, are fraudulent or constitute self dealing. By this precedent, condominium
governing councils now have protection for their decisions, and judicial
interference is limited in the condominium's internal affairs.
Whether the project is a high-rise residential apartment house, an office building, shopping mall or industrial park, Fineman Krekstein & Harris
attorneys have assisted their clients in all phases of real estate development, ownership and management. We have negotiated agreements of sale, analyzed and resolved environmental problems, and successfully guided clients through local governmental approvals. We have helped clients obtain financing and have negotiated complex loan documents. We have represented both landlords and tenants in working out lease arrangements, and we have represented lenders and borrowers in solving complicated financing problems. Recently, when a client's development project seriously strained his financial resources, Fineman Krekstein & Harris
attorneys structured a tax-advantaged sale of the project. The sale benefited both the buyer and seller while at the same time also resolved an ongoing dispute between our client's shareholders.
Surety and Construction
Fineman Krekstein & Harris
attorneys represented a surety company that was sued
in Federal Court in Philadelphia. The plaintiff was a large construction
company that suffered substantial property damage that resulted from an accident in which a crane malfunctioned and dropped a mechanical reactor
at a construction project. The principal under the surety bond was the
company that leased the crane. The owner of the project sued the surety
company for both property damage and delay damages. We successfully argued that the claim should have been more appropriately brought as a casualty claim and not against a surety company. Our efforts eventually resulted in a settlement that required no contribution from our client. Additionally, the settlement even called for our client's legal fees to be fully recovered.
Tax Assessment Appeals
Fineman Krekstein & Harris
represents residential, commercial and industrial property owners in real estate tax assessment appeals. Our attorneys have been successful in obtaining significant tax savings for our clients. Recently, Fineman Krekstein & Harris
attorneys obtained substantial reductions in tax assessments for more than 3300 residential condominium owners. Such results are often achieved at the administrative level, without the necessity for litigation.
Tax Controversies
Fineman Krekstein & Harris
' tax attorneys represent clients before judicial and administrative tribunals. Our attorneys regularly interact with the Internal Revenue Service at audit, appeals office and trial on behalf of individuals, businesses and trust and estates. We also provide representation in criminal tax investigations.
Some of our tax attorneys have worked for the Internal Revenue Service and have the tax background and litigation know-how to handle tax controversies.
Trucking Industry Litigation
Fineman Krekstein & Harris
represented a tractor trailer company facing an outrageous settlement demand. The plaintiff claimed serious injuries because of our client's alleged negligent driving. Through the use of experts to reconstruct the accident, demonstrative evidence and careful trial preparation, we convinced the jury that the plaintiff caused the accident, turning a $250,000 settlement demand into a gratifying defense verdict in favor of our client. This result typifies Fineman Krekstein & Harris
' efforts to overcome the public's perception that trucks are dangerous and trucking companies engage in unsafe practices.
Zoning
When a local television station needed a zoning variance to erect a microwave transmission tower in a heavily populated area of Philadelphia, Fineman Krekstein & Harris
represented the station before the local zoning board of adjustment. Working with the community and an expert in microwave technology, Fineman Krekstein & Harris
successfully allayed neighbor concerns about health and aesthetics prior to the hearing, easing the way for a prompt approval of the variance at a reasonable cost to the client.
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