Archives: Focus Areas

We represent tax-exempt entities, including public charities and private foundations, providing skilled advice in all aspects of their operations. From establishment of a not-for-profit and the filing of exemption applications, through mergers, reorganizations, joint ventures and dissolution, our tax attorneys are there to ensure that our tax-exempt clients receive experienced counsel every step of the way. In addition, our tax attorneys provide counsel to these clients (and defend them in IRS audits) regarding their ongoing compliance obligations for the maintenance of tax-exempt status and payment of excise taxes, guiding them through issues relating to private inurement, self-dealing, excess benefit transactions and unrelated business taxable income.

Our Tax Practice Group handles all aspects of ERISA and employee benefits matters, including the establishment, qualification and operation of tax-qualified and non-qualified retirement, pension and deferred compensation plans, and health and welfare benefit plans. We counsel our clients with respect to tax qualification (as necessary), continued compliance with applicable IRS, DOL and New York state rules and regulations, and audits and other investigations of such plans by these regulatory authorities.

Our tax attorneys are well-versed in all aspects of business planning and tax strategies. We advise clients with respect to all key tax considerations at all points in the lifecycle of a business, from start-up through and including execution of a succession plan or other exit strategy. We counsel clients with their initial choice of business entity and assist in preparation of:

• shareholder, partnership and/or operating agreements
• executive compensation arrangements, including deferred compensation, equity incentive plans, bonus and severance/change-in-control arrangements
• the settlement of litigated business matters

We provide expert guidance through:

• mergers and acquisitions, divestitures, tax-free reorganizations, corporate spin-offs and partnership divisions
• liquidations and dissolutions
• distributions, capital contributions, redemptions, cross-purchases, partnership and shareholder disputes
• debt and/or equity issuances
• affiliated-party transactions
• private placements
• restructurings
• joint ventures
• compensation matters

We bring a broad base of expertise across a variety of subspecialties, such as securities law, executive compensation, industrial development, healthcare, aerospace, technology and real estate, enabling us to provide strategic tax planning within any industry in order to minimize tax liability.

Where litigation is needed, few firms in the region have more trial experience than Rivkin Radler. Our litigators are experienced in representing our banking clients in a wide variety of matters, including disputes under the Uniform Commercial Code, potential lender liability claims and other statutes relating to enforcement of the borrower’s obligations. In all matters, we take a proactive approach in identifying potential issues by providing sound and pragmatic advice centered on the client’s objectives and the most efficient way to resolve the matter successfully.

With extensive experience in banking and financial services, we advise on all aspects of regulatory compliance, including contentious issues involving the financial sector.  Every approach focuses on the implementation of strategies that center on safeguarding our clients’ assets and reputations so they may concentrate on their business-related activities with confidence.

We often represent both institutional and private lenders and loan servicers in loan workouts and restructurings, bankruptcies, liquidations and foreclosures, as well as issues involving title insurance and deeds in lieu.  We have also assisted our lender clients in the sale of loan portfolios and distressed assets. We draw upon the extensive experience of colleagues from our Bankruptcy, Corporate, Real Estate and Tax practice groups to assure that our clients are best positioned to enforce their collateral and protect their interests.

We are experienced in handling complex transactions, including those involving Industrial Development Agencies [IDAs], the Small Business Administration [SBA] and other government-assisted loan transactions. We have also handled bond transactions and mezzanine financing. Many of our banking attorneys also have expertise in representing private clients in real estate transactions.

Our attorneys not only handle transactions secured by real estate but represent all types of lenders in asset-based financing, whether secured or unsecured, and loan participations.

Investigations and lawsuits brought under the federal False Claims Act (“FCA”) and its state counterparts have become permanent features of the healthcare regulatory landscape. The severe penalties imposed under false claims statutes make these “bet the company” cases.

Rivkin Radler has a deep reservoir of legal experience and talent to assist clients in responding to and defending against FCA investigations of all kinds.  We offer services to all segments of the health care industry. We can assist clients faced with FCA allegations based on issues such as

• Billing for medically unnecessary services or services not rendered
• Double-billing
• Unbundling
• Upcoding
• Wrongful retention of overpayments
• “Off-label” marketing or other drug/device misbranding or adulteration
• Violations of the Anti-Kickback Statute and Stark Self-Referral Law

We can assist clients in attempting to resolve these investigations early enough in the process to mitigate these harms. We can handle all phases of FCA litigation including assistance responding to government information requests such as Civil Investigative Demands, pre-litigation efforts aimed at the government’s intervention decision, motion practice to dismiss non-intervened whistleblower actions and, where necessary, we also can advise on how best to interpret and mitigate the risks presented by FCA investigations.

We can also assist clients in handling the aftermath of FCA investigations, which frequently require accepting an independent monitor and entering a corporate integrity agreement with the government. Finally, we can help anticipate and address compliance risks before they come to the attention of regulators.

Our attorneys have longstanding experience in Food and Drug Administration (FDA) and Federal Trade Commission (FTC) regulatory matters, counseling clients in the laws governing the manufacture and marketing of foods, dietary supplements, over-the-counter drugs and cosmetics. Our clients operate in the natural products, nutritional supplements and ingredient industries.

Rivkin Radler represents clients on issues relating to FDA compliance, including labels, labeling claims (including structure/function claims), and good manufacturing practices. We also guide clients through the FDA’s New Dietary Ingredient (NDI) Notification Process and counsel on issues involving achievement of Generally Recognized As Safe (GRAS) status, a prerequisite for ingredient use in food products.  We also assist companies with FDA issues relating to the importation of products in addition to issues relating to FDA enforcement actions, such as FDA facility inspections (483’s), response to Warning Letters and injunction and seizure actions.

Our lawyers also have extensive experience reviewing advertising and marketing materials, and assisting with ensuring such claims are adequately substantiated.  We have also  defended companies in investigations initiated by the FTC and state attorneys general, and have brought and defended actions before the National Advertising Division (NAD) of the Better Business Bureau.

Rivkin Radler’s professional liability lawyers have an astute understanding of the challenges presented when the law intersects technology. We have been involved in technology litigation since the earliest commercial application of the internet. Our technology clients have included:

• Internet Service Providers
  • Domain name registrars, contributed content hosts, content providers, internet services such as SEO and web design, etc.
• Computer Science and Software Designers
  • Computer language translation tools, application designers, web designers, etc.
• Service Providers
  • Software and systems technicians, application services and support, information technology services, training and support, etc.
• Technology-Driven Product Manufacturers and Distributors
  • RFID location system, GPS route mapping, remote transcription services, eye surgery

We have assisted our clients in understanding their risk for cyber or other data breaches, particularly in regard to the heightened obligations of regulated professionals, and in analyzing cyber-insurance policy terms.

Our attorneys have experience representing leading-edge internet, computer science and technology clients in state and federal courts throughout the country as well as international alternate dispute resolution tribunals such as the World Intellectual Property Organization (WIPO) and National Arbitration Forum (NAF).

From multinational corporations to local computer and software design consultants, we have successfully litigated cases involving domain name disputes; contract disputes; cybersquatting; cloud computing; online and “click wrap” contracts; “shrink-wrap” agreements; and freedom of speech, antitrust and copyright and trademark violations. Our attorneys have also been on the forefront in drafting technology and online contracts on behalf of technology vendors and consumers, as well as policies or terms of service for use on clients’ websites.

The firm was named one of Long Island’s leading Internet & New Media Law Firms by Long Island Business News.