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Greenberg Dauber Epstein & Tucker's Litigation Department is led by seasoned litigators with decades of success representing clients at the trial level, in the appellate courts, and before regulatory agencies on both the Federal and State level. The core of the Firm’s litigation practice consists of business litigation and professional practice litigation, as well as representing businesses and individuals in white collar criminal matters and regulatory matters.
Our attorneys: Among the attorneys in the Litigation Department are former members of the United States Attorney's Office and the former Executive Assistant Attorney General and Director of the Division of Law for the State of New Jersey. The Firm's litigators are well-known as thoroughly competent, extremely knowledgeable and very formidable adversaries.
Our approach: The Litigation Department's approach differs from that of many other law firms. Our approach is strategic, creative and resourceful. It is aimed at formulating an overall strategy combining tactics, innovative approaches and practical assessments. Armed with that strategy, the goal is to employ those litigation tools essential to achieving the desired result, either by specific determinative legal actions, or by a series of well-planned legal moves which position the case for success via dispositive motion, trial, settlement or appeal. Recognizing first that the best result may be a resolution without litigation, our litigators assess all options, including Alternative Dispute Resolution.
Expertise in a wide range of litigation matters: The Firm's litigation practice involves representing clients in a wide variety of matters. In addition to the varied contractual disputes that arise among business entities, the Firm represents clients involved in disputes related to intellectual property, employment law, shareholder and partnership rights, commercial landlord-tenant matters, franchises, product liability, civil rights, construction litigation, creditor’s rights and bankruptcy, lender liability, RICO, toxic tort, condemnation and environmental matters. The Firm represents clients in white collar criminal matters, in matters involving regulatory agencies, professional boards and the Internal Revenue Service, and in FINRA (formerly NASD) arbitrations and AAA arbitrations. The Firm also performs internal corporate investigations, employment discrimination investigations and employment discrimination training. Besides appearing regularly before the New Jersey Superior Court - Law Division and Chancery Division, before the United States District Court for the District of New Jersey, and before United States District Courts throughout the country, the Firm has special expertise in appellate work and has appeared on numerous occasions before the New Jersey Appellate Division, the New Jersey Supreme Court, the United States Court of Appeals for the Third Circuit, United States Courts of Appeals in other regions of the country, and the United States Court of Claims.
The Litigation Department brings a unique blend of creativity and pragmatism, as well as tenacity and proficiency, to its litigation and regulatory matters. Whether in the courtroom or in its contacts with governmental agencies, Greenberg Dauber Epstein & Tucker has the recognition and expertise that permits it to assist its clients in achieving the best results obtainable.
Some cases may be best resolved through Alternative Dispute Resolution. In addition to the expense associated with litigating a case in the state and federal court systems, parties are often faced with the delay resulting from overcrowded courts and a system that is by definition both adversarial and public. For these reasons, more and more clients are turning to Alternative Dispute Resolution (ADR) to address their disputes. Our ADR services include both mediation and arbitration in a private, confidential setting.
Mediation, a process in which the parties utilize the services of a neutral facilitator in an attempt to amicably settle their disputes, is widely used now both before and during litigation. It is particularly useful where the parties have an ongoing relationship or where private settlement talks have stalled.
Arbitration is a private and confidential binding dispute resolution process before a neutral party or panel that is often more streamlined and less time consuming than traditional court cases.
Our Skilled ADR Practitioners. While all of our litigators are experienced in representing clients in mediation and arbitration, members of our ADR group are skilled mediators and arbitrators who are frequently selected to help resolve or adjudicate even the most difficult cases. The knowledge and experience of our ADR group provides the foundation for successful Alternative Dispute Resolution. Our ADR group includes a former New Jersey Superior Court judge who served in the Family, Criminal, Civil and Appellate Divisions, an arbitrator who has been on the American Arbitration Association panel of neutral arbitrators for more than 15 years and a seasoned mediator who has received recognition in both the public and private sector. Our ADR practitioners are frequently selected by the judiciary and by members of the bar to mediate and arbitrate disputes. Each of our ADR practitioners is adept at facilitating a comfortable atmosphere where disputes can be addressed discreetly and with finality.
The Corporate Department at Greenberg Dauber Epstein & Tucker operates on three basic principles: First, the Department members must be accessible and responsive. The business executive or in-house counsel often needs advice quickly, for any number of reasons, and advice delayed is often advice that is no longer useful. Secondly, the advice must be practical; it must fit the needs of the business. Advice that is scholarly but totally impractical is advice that has diminished value. Finally, the Department members' function is to find pragmatic ways within the law to achieve the result sought rather than to treat every obstacle met as a roadblock precluding that result.
Solving a Wide Variety of Business Problems. Greenberg Dauber Epstein & Tucker's Corporate Department has applied these principles in business matters to solving a wide variety of business problems for closely-held companies, banks, financial institutions, insurance companies and national and multinational corporations. Approaching these problems with a depth of knowledge, a "can-do" attitude and creative thinking, the Firm's Department members have variously acted as lender's counsel in banking transactions, buyer's and seller's counsel in the merger and acquisition of businesses, special counsel to municipalities and New Jersey state agencies as well as regulated businesses, outside general counsel for closely-held companies, counsel for franchisors/licensors as well as franchisees/licensees, and counsel for majority and minority shareholders in closely-held corporations. The Firm has successfully completed numerous mergers and acquisitions, guiding its clients through every step of the process.
Carefully Analyzed Options Geared Specifically to Your Business. The Corporate Department focuses on bringing to the business executive carefully analyzed options geared specifically to the needs of the business. Whether in manufacturing, distribution, retailing, banking, insurance, health care, or professional and financial services, our Department members work closely with the business people who most intimately know the requirements of the business in order to fashion the best possible alternatives to achieve the best possible results. Focused, cogent and practical advice is the Department's hallmark.
Traditional and Innovative. The Corporate Department is traditional, in the sense that its members are thorough in their analysis and preparation and meticulous in their presentation. The Department members, however, blend their care and preparation with innovative and original thinking that often offers solutions where sometimes none appear to exist. It is this distinctive combination of the traditional and the innovative that has won the Corporate Department plaudits from both clients and adversaries.
The Tax, Estates and Trusts Department at Greenberg Dauber Epstein & Tucker provides the Firm's clients with a full array of Federal and State tax services, with a special expertise in employee benefits and estate planning and administration.
Experience and Knowledge to Obtain Better Results. The Tax Department's approach emphasizes planning to avoid problem issues and to place the client in the best position to prevail in the event of future tax controversy. When confronted with a tax problem, the Tax Department has the experience and knowledge to recommend and pursue obtainable results, whether through negotiation, conference with government agents or, if necessary, litigation. The Firm's stance is aggressive but practical, based upon extensive experience and established relationships with key personnel at the Internal Revenue Service and the State Division of Taxation.
Bringing a Valuable Perspective to Business Transactions. The Tax Department also works closely with the Corporate Department in weighing the tax implications of various business transactions and in suggesting, where appropriate, alternative methods for achieving better tax results. Whether in assessing the effects of ERISA on the proposed sale of a business, or in assessing corporate tax impacts upon a transaction, the Tax Department offers a necessary and valuable perspective to business transactions.
A Recognized Leader. The Firm's Tax Department also has long been a recognized leader in innovative planning for employee benefits, including pension and profit sharing plans, employee stock ownership plans, and non-qualified deferred compensation arrangements. The Firm has a reputation as an ERISA "problem solver," and is often consulted by other attorneys and accountants because of its extensive dealings with the Internal Revenue Service, the Department of Labor, the Pension Benefit Guaranty Corporation and with employee claims.
Minimizing Tax Liabilities. As part of the Firm's ability to give overall service to our business clients, the Tax Department provides estate and succession planning for business owners and corporate executives. The Firm's philosophy is to work with the client to establish the estate planning goals which will best suit the needs of the client and his or her family, and then to give counsel with respect to the available tax-saving techniques to help accomplish these goals. The Firm also provides estate administration services and has consistently been able to minimize estate tax liabilities.
The Tax Department offers the clients of Greenberg Dauber Epstein & Tucker a depth of knowledge and experience which, in conjunction with the Firm's innovative thinking and responsiveness, has made Greenberg Dauber Epstein & Tucker the Firm of choice for many individuals and businesses of varying sizes.
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