Areas of practice

David H. Peirez Partner

Business Practices and Commercial Litigation

  • Litigation & Arbitration
  • Partnerships & LLC
  • Private Placements – Reg D Offerings
  • Employer Practices (Discrimination)
  • Securities Arbitration
  • Business Transactions
  • Electronic Commerce
  • Corporate Governance & Formation
  • License and Distribution Agreements
  • Trademark & Copyright Law
  • Alternate Dispute Resolution/Mediation

Commercial Litigation and Arbitration involves actions in both State and Federal courts, arbitrations and other forms of mediation dispute forums. Environmental/hazardous waste; defamation and libel; professional malpractice; shareholder disputes; real estate disputes; license agreement and real estate lease breaches; replevin actions; secured lending disputes; non-compete covenant violations; Constitutional law (1st Amendment rights) and discrimination claims.

Our trial lawyers appear in the Federal district courts in New York and, on occasion, in district courts outside of New York. We handle all appeals, whether before the State’s appellate courts or the Federal Circuit Court of Appeals.

We have achieved multi-million dollar judgments, including, a $21.6 million judgment against a major company after a seven year battle in the United States Federal District Court.

Corporate Formation and Governance entails the formation of a business entity – be it a corporation, limited liability company or partnership; and, drafting the necessary shareholders or operating agreements. The “Governance” aspect relates to agreements and procedures for key employees, Boards of Directors and shareholders, and related executive management issues. We represent a wide range of companies: manufacturers, real estate entities, financial institutions (banks, factors, leasing companies and other type lenders), personal services companies, professional practices, and non-profit organizations. Our Firm provides expertise on corporate matters such as executive compensation and stock option plans. We also advise on electronic commerce issues, especially those relating to interactive internet transactions.

Partnerships and LLC’s are governed by statute and by the partnership or operating agreement signed by the partners/members. The drafting of these agreements is particularly important, and requires experience to ensure that the business purpose and management of the entity reflects what the owners want.

Private Placement or Reg D Offerings are a viable alternative and a far less expensive way for most businesses to raise equity capital. Under the U.S. Security and Exchange Commission (SEC) Reg D, issuers can sell shares in a company without registration and a public offering. We have represented numerous enterprises in structuring and documenting Reg D Offerings in a variety of businesses, such as computer software, product manufacturing, financial services, entertainment, alternative energy development, and management systems.

License and Distribution Agreements are an integral part of 21st century business practices. Our attorneys draft comprehensive agreements to govern licensing and distribution arrangements between vendors and customers, and to protect proprietary technology and intellectual property owned by third parties or our clients.

Securities Arbitration is the method used to resolve most disputes between customers and securities firms. It is a binding administrative adjudication for whomever has suffered losses as a result of the misdeeds of securities brokers and stock brokerage firms in the trading and handling of securities.

The advent of Internet commerce and hi-tech computerization enabling companies to conduct business world-wide, including over the Internet, has magnified the need to file for trademark and copyright protection and to vigorously enforce these rights. Reisman Peirez Reisman & Capobianco renders trademark and copyright advice and handles litigation (principally on behalf of the owners) to enforce trademarks and protect copyrights against infringement and dilution (disparagement) including Electronic Law matters such as the development and protection of websites. Our Firm’s knowledge of the Federal copyright laws and the Lanham Act which governs trademarks and our substantial litigation experience enables us to prosecute or defend trademark and copyright disputes.

Employer Practices is the body of law which governs age, sex, gender, race or national origin discrimination issues. Our goal is to counsel our clients and draft company policies to mitigate discrimination claims. As every business owner and senior manager is well aware, employee relations is a vital aspect of business. Federal and State civil rights statutes govern discrimination issues including age discrimination, racial discrimination and sexual harassment. We work with our clients to avoid the pitfalls that a simple mistake can cause, counseling employers with respect to employer practices and employment discrimination suits, such as sexual harassment.

Recognizing that alternatives to litigation may be in our clients’ best interests from an economic or strategic viewpoint, the attorneys at the Firm are well versed in representing, advising and guiding clients in the process of mediation, arbitration, and informal Alternative Dispute Resolution methods. We also provide advice to our clients in creating alternative dispute mechanisms and programs to address potential disputes that often arise in the areas of employment discrimination and contractual law. Our Senior Counsel, former Judge Riordan, who was until recently the Nassau County Surrogate, and prior to that served as a judge in the Nassau County District Court, is available to mediate or arbitrate disputes between private parties.