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Corporate
The firm has wide experience in most aspects of corporate and
commercial law, distributorship law, intellectual property, contract
law, secured transactions, and corporation law, including formation
of C-Corporations, S-Corporations, LLCs and Partnerships with
particular emphasis on foreign Corporations doing business in
the US whether directly or indirectly or through subsidiaries.
Commercial Litigation and Arbitration
Harnik & Finkelstein has a national litigation practice
before state and federal courts at both the trial and appellate
levels. The firm has handled a broad range of commercial and contract
disputes. Members of the firm have expertise in litigation of
cases arising under the federal antitrust, federal securities,
trademark and copyright laws, and in cases involving appellate
practice, art law, commercial fraud, commercial law, computer
technology, debtor and creditor, directors' and officers' liability,
distributorship disputes, employment law, internet law, non profit
and charitable organizations, sports law and unfair competition.
Harnik & Finkelstein has had substantial experience
in prosecuting and defending claims before arbitration tribunals.
The firm has handled numerous matters before the American Arbitration
Association and the enforcement of arbitral awards and the conversion
of arbitral awards to money judgments.
International Litigation and Arbitration
Harnik & Finkelstein firm is adept at dealing with
clients from foreign jurisdictions, especially those with a civil
law tradition. Harnik & Finkelstein also recognizes
the importance of fluency in foreign languages, and attorneys
at the firm have the ability to conduct business in German. Stephen
M. Harnik is the U.S. correspondent of JCA
International, a network of law firms throughout Western,
Central and Eastern Europe.
The firm has acted on behalf of both public and private companies,
and has been, since the end of World War I, legal counsel to the
Republic of Austria, agencies of the Austrian government, and
related commercial entities in connection with their United States
activities.
Harnik & Finkelstein has handled cases before the Court
of Arbitration of the International Chamber of Commerce. The firm
has also handled numerous matters in state and federal courts
relating to judicial intervention in the arbitration process and
judicial enforcement of international arbitration awards. By virtue
of this broad experience, the firm is well-placed to handle complex
disputes involving parties and witnesses from multiple countries.
In keeping with its international expertise, the firm has wide
experience in the enforcement of foreign judgments.
Currently, Harnik & Finkelstein is lead counsel representing
the former CEO of a U.S. – Dutch joint venture that constructed
the largest fiber optic telecommunications ring on the European
continent. The Firm is involved in corporate and securities law-related
litigation involving the company in New York, New Jersey, Arizona
and the Netherlands.
Construction and
Product' Liability Litigation
Harnik & Finkelstein's Of-Counsel Stephen P.H. Rachlis
has handled construction and products litigation involving engineering
and architectural errors, including cases involving the design,
manufacture, and construction of factories, power and boiler plants,
apartment buildings, hospitals, convention centers, industrial
machinery, cranes, tires, fan belts, electric, HVAC, piping, steel
and insulation systems.
Real Estate
The firm handles commercial and residential real estate transactions
and related financings on behalf of clients. The firm has been
involved in the sale and acquisition of commercial properties,
apartment buildings, vacant land and all manner of residential
properties, including those held in cooperative and condominium
form. The firm's experience also extends to the area of commercial
leasing including office buildings and shopping centers and real
estate development. A special expertise includes knowledge of
the regulatory regime that pertains to the foreign real estate
investor in the United States.
Sports Law
The firm engages in substantial litigation in the world of sports.
It has represented organizations and athletes in matters under
the jurisdiction of the United States Olympic Committee, including
athlete grievance arbitrations, USOC rules compliance, and USOC
hearings and proceedings involving matters of national sports
governance. The firm has also been involved in matters before
international sports organizations and the Court of Arbitration
for Sport. The firm also advises sports organizations on due process
procedures and practices involving relationships with their members
and others, including drug testing and enforcement of anti-doping
rules. Ira Finkelstein is a founding member
of the Committee on Sports Law of the Association of the Bar of
the City of New York, and has been a member of the Sports Lawyers
Association, and has written and lectured widely on sports law
matters. Mr. Finkelstein has more than thirty years of legal experience
in equestrian sports, representing owners, breeders, trainers,
racing associations and national equestrian governing bodies,
associations and breed registries in a wide range of litigations
and arbitrations throughout the world.
Mr. Finkelstein is a Director and Fellow of the American College
of Equine Attorneys, and a member of the Planning Committee for
the University of Kentucky's National Equine Law Conference. Furthermore,
he successfully represented an NBA player in the first ever arbitration,
held in London, pursuant to an agreement between the NBA and FIBA
(international basketball federation) involving compensation to
European teams for players drafted into the NBA.
Taxation
An essential element of all business and investment transactions
is proper structuring from a tax standpoint. Harnik & Finkelstein is experienced in this area as well, including the
tax treatment by the United States of foreign nationals living
and/or doing business in the United States and of United States
nationals; activities abroad and the impact of tax treaties. The
corporate and taxation expertise of the firm makes it possible
to structure foreign investment in the United States for the most
favorable tax treatment. Decisions to be made at the outset of
such transactions include the kind of entity for the business
or investment (partnership, limited partnership or corporation),
and the situs of such entity (in a state of the United States
or some foreign jurisdiction).
Trusts, Estates and Succession Law
The firm has an active trusts and estates practice. This includes
both domestic and international estate planning and will preparation,
the domestic administration of estates and trusts and the ancillary
administration of foreign estates with domestic assets. The firm
has extensive experience in the probate courts, and has participated
in the trial and appeal of many New York based contested probate
cases involving as well as those foreign estates or domestic estates
with foreign beneficiaries. Here again, the firm's taxation expertise
melds with another area of practice. The firm has dealt with many
complex matters involving estate taxation (death taxes) and income
taxation of estates, and in particular estate taxation and income
taxation of estates with foreign connections.
Immigration Law
The firm handles all manner of visas for non-citizen individuals
as well as for corporations whose directors, officers or employees
are non-citizens in need of working permits, resident alien cards
("green cards"), and visas.
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