Podvey Meanor offers a diverse range of legal services in all areas of legal advice and litigation. For more detailed information about the services Podvey Meanor provides in these practices areas, please click the appropriate link below.
Alternative Dispute Resolution
- Early Case Assessment
Courts faced with overwhelming caseloads and judicial vacancies frequently recommend arbitration and/or mediation to try to resolve litigated disputes in a potentially more speedy and efficient manner and to filter from the court system those cases which may not require a trial to resolve the issues and claims asserted. In addition, it is common for commercial contracts to have provisions which provide for arbitration. Members of this firm have extensive knowledge of and experience in arbitration and mediation, including both representation before arbitration panels and decades of service on arbitration tribunals such as FINRA. If your business goals would best be served by a prompt, efficient, and cost-effective resolution of the dispute, you should consider Podvey Meanor’s services in arbitration and mediation.
- Administrative Agency Determinations
- Federal Court
- State Court
The attorneys at Podvey Meanor are skilled appellate practitioners. Our attorneys have appeared in appellate courts at every level, up to and including the United States Supreme Court. Podvey Meanor attorneys pair a thorough knowledge of the applicable law with an ability to state succinctly and persuasively a client’s case. Because of those skills, our attorneys have prevailed on appeal in numerous multi-million dollar cases. Our appellate practice is bolstered by the fact that numerous of our attorneys have served as clerks to appellate judges and thus understand the practical aspects of appellate practice and know from experience what sways appellate judges. Podvey Meanor is thus uniquely qualified to handle appellate matters in all courts.
Bankruptcy, Insolvency and Creditors' Rights
- Reclamation Claims
- Claims Trading
- Chapter 11 Reorganizations
- Receiverships and Assignments for the Benefit of Creditors (ABCs)
- Workouts and Restructurings
- Alternatives to Bankruptcy
- Commercial Foreclosures
Podvey Meanor represents creditors dealing with other companies in bankruptcy or insolvency. We provide advice and representation regarding actions creditors can take to protect themselves and maximize their potential claims against the estate once a debtor files a bankruptcy petition, including asserting an effective vendor’s “reclamation” demand which in some cases have resulted in a 100% payout to the vendor for certain goods provided prior to the bankruptcy filing, obtaining the coveted “critical vendor” status, analyzing and gauging the market in appropriate cases for the potential sale to claims purchasers of a claim against the debtor, making applications to the Bankruptcy Court to be paid for pre-bankruptcy or post-bankruptcy goods or services provided to the debtor and, critically, developing strategies to protect business interests going forward.
We have extensive experience in the litigation of bankruptcy claims and adversary proceedings objecting to discharge of debt, and the prosecution and defense of claims to avoid and recover alleged fraudulent transfers and “preference” period transfers, including the establishment of contemporaneous or subsequent “new value” and the “ordinary course of business” defenses to preference claims and the “reasonably equivalent value” defense to fraudulent transfer claims. Podvey Meanor leverages the knowledge and experience of its corporate, transactional and litigation practices to provide clients with a competitive edge in bankruptcy and insolvency-related disputes.
Our attorneys also represent debtors in situations where pre-bankruptcy loan workouts and/or debt reorganizations make economic sense. In these situations, Podvey Meanor’s cost-effective and practical approach to resolution has enabled many small business borrowers to obtain a fresh start.
Podvey Meanor’s versatility affords clients a broad range of options and opportunities in connection with insolvency-related matters, and we employ a strategic formula to maximize our clients’ interests by considering the benefits and consequences of various alternatives to bankruptcy, including assignments for the benefit of creditors and appointment of receivers. Additionally, Podvey Meanor has extensive experience and has delivered to both borrower and lender clients economically favorable outcomes in residential and commercial foreclosures.
- Partnership and Shareholder Disputes
- Contract Negotiations
- Purchase and Sale of Businesses
- Business Advice and Counseling
From the small start-up and development stage company to the mature public or private corporation, Podvey Meanor will assist your business with a broad range of expertise, including:
- Providing pro-active counseling to achieve business goals, to aid in compliance efforts, and to minimize violations and litigation risks
- Providing counseling and assistance in the formation and organization of corporations, general partnerships, joint ventures, limited partnerships, limited liability companies, and limited liability partnerships
- Selecting business structures to maximize estate-planning goals
- Representing companies in mergers and acquisitions, as well as asset purchases
- Representing companies in the divestiture of assets and subsidiaries
- Representing companies in the licensing of proprietary technology and other intellectual property
- Negotiating and drafting specialized and complex commercial agreements, including agreements establishing strategic alliances
- Preparing shareholder agreements for close corporations
- Preparing regulatory filings in connection with mergers and acquisitions
- Negotiating and structuring executive compensation packages, including employment agreements, employee stock option and stock plans, and deferred compensation plans
Complex and Commercial Litigation
- Business and Contract Disputes
- Construction Litigation
- Insurance Disputes
- Perishable Agricultural Commodities Act (PACA)
- Securities Arbitration and Litigation
- Class Actions
In litigation, results matter.
When the stakes are high, clients turn to Podvey Meanor, where litigation is a principal focus of the firm and success is a tradition. Podvey Meanor is highly regarded for its substantial practice in complex and commercial litigation, featuring a staff of litigators who represent clients in every type of commercial and corporate business dispute.
As highly skilled trial and appellate attorneys, we regularly try and win the most sophisticated and complex business cases. With a staff of seasoned “hands on” litigators who have litigated matters to conclusion around the country, our diverse practice boasts many years of achievement in the courtroom.
Our lawyers are in court regularly and our trial experience is exceptional. We are familiar with the practices of the state and federal judges and court systems, as well as the commercial and securities arbitration tribunals before whom we appear with regularity.
A number of our attorneys have been recognized as among the “Best Lawyers in New Jersey” in litigation and have achieved an “AV” rating, the highest designation by one’s peers for professional excellence.
The firm is active in the Litigation Section of the American Bar Association including service as director of divisions and chair of committees. Firm members appear on panels before national audiences and have been published in a wide variety of trial practice areas, including noted articles on electronic discovery. Our members include several former prosecutors and judicial law clerks.
We consider all the options, evaluating initially whether litigation may be avoided through alternative measures and, if not, then determining how to resolve business disputes in the most effective and responsible manner that minimizes the burden of discovery on our clients.
- Construction Contract Negotiations
- Construction and Mechanic’s liens
- Defect and Delay Claims
- Public and Private Project Disputes
- Payment Disputes
- Performance Bonds
Podvey Meanor represents owners, general contractors, construction managers, design professionals, subcontractors, suppliers and materialmen on both public and private construction projects. It has extensive experience litigation payment claims, lien claims, bond claims, project delay issues, construction defects, and claims for extra/change order work, both in courts and in arbitration. Podvey Meanor also provides business and legal advise during projects to ensure timely completion, while protecting clients’ rights through and after project completion. Podvey Meanor has the experience, legal knowledge and business savvy to assist clients from the moment a project is conceived onward.
Consumer Finance Defense
- Consumer Fraud Act
- Fair Credit Billing Act
- Fair Credit Reporting Act
- Fair Debt Collection Practices Act
- FTC Holder Rule
- Lemon Law
- Truth In Lending Act
Podvey Meanor has a highly disciplined and successful Banking and Lender Liability Litigation practice group, under the direction of attorney Michael F. Bevacqua, Jr. We represent some of the nation’s largest banking institutions in retail bank, credit card, commercial and residential foreclosure, and other consumer finance defensive litigations throughout the United States. Our attorneys are admitted in New York, New Jersey, Florida, and Pennsylvania, and we maintain relationships in virtually every state with experienced, trusted local counsel, with whom we work regularly,
Our team of experienced trial lawyers has efficiently and cost effectively handled hundreds of retail bank, credit card, foreclosure, and other consumer finance defensive litigations throughout the United States. In the past year alone, we successfully defended nearly 100 actions in Florida, North Carolina, Maryland, Kentucky, Connecticut, Delaware, New York, New Jersey, Pennsylvania, Massachusetts, Vermont and Minnesota, with nearly all claims expeditiously dismissed with no payment by our clients. The hallmarks of our banking litigation practice are: Efficiency and Effectiveness; Preparation; Knowledge; Reputation; and Economy.
Please contact Marianne Tolomeo for additional details about our Banking and Lender Liability Litigation practice.
- Compliance Issues
- Criminal Expungements
- Government Investigations
- White Collar and Federal Criminal Defense
- State and Municipal Criminal Defense
Employment Law and Litigation
Employer/employee relations have changed dramatically over the last several years, especially in New Jersey. Podvey Meanor provides the legal services needed to successfully manage employer/employee relations. The best employee handbook or employment contract is worthless if it does not accurately reflect the true terms and conditions of employment or if it is not sensitive to the client’s unique management style and corporate culture. We try to prevent litigation where possible, but we vigorously prosecute and defend litigation where necessary. We can assist your business with the following services:
- Employer Counseling
- Employment Contracts
- Employment Handbooks and Policies
- Family and Medical Leave
- Harassment Investigations and Training
- Reasonable Accommodations for Disabilities
- Restrictive Covenants
- Retaliation Claims
- Severance Agreements
- Wage and Hour Compliance
- Whistleblower and CEPA Claims
- Workplace Discrimination
- Wrongful Termination
- Divorce and Annulment
- Domestic Violence
- Child Custody
- Premarital Agreements
Our attorneys are experienced in the law, knowledgeable in the practical realities, and sensitive to the personal issues involved in family law matters such as divorce, annulment, custody, domestic violence and premarital agreements, and the mediation of disputes in these areas. Tom Hildner, who has over thirty-five years in this area of the law, spearheads the firm’s matrimonial practice. The Firm has tried numerous divorce cases throughout northern and central New Jersey and litigated many cases that involve the valuation and equitable distribution of professional practices and interests in privately held businesses.
Our attorneys have considerable expertise in representing doctors, lawyers, accountants and financial consultants or their spouses. Such cases often require substantial understanding of all aspects of business, giving our clients an advantage because our attorneys are knowledgeable not just about the law in this area, but about practical business considerations and commercial litigation. Further, matrimonial cases often require the selection and employment of skilled and experienced forensic accountants, real estate and industry experts because such cases may involve complex disputes regarding business valuation, and our attorneys have access to and experience with the best and most cost-effective experts in those fields. Our attorneys combine a thorough knowledge of matrimonial law and a zealous commitment to understanding and pursuing our clients’ goals, which allows our clients to achieve the most favorable results possible in this complex and contentious field.
Health Care Law
- Representation before Professional Boards
- Representation of Professionals on Ambulatory Surgical Center Issues
- Shareholder Disputes between Professionals
- Hospital Related Litigation
- Nonimmigrant Visas
- Consular Processing
- Family-Based Immigrant Visas (“Green Card”)
- Employment-Based Visas
Podvey Meanor handles a wide range of immigration services. If you are a business looking to bring foreign recruits or talent into the United States on a temporary (nonimmigrant) or permanent (immigrant) visa basis, we can help you determine what the best options are. We also provide businesses with compliance advice – such as attorney I-9/E-verify compliance audits – as well as general counseling on other business immigration issues. We help to guide clients through family-based visa processing, naturalization, and asylum, from within the United States or through a consulate abroad.
In conjunction with our criminal lawyers, we advise our clients of the immigration consequences of criminal activities and plea agreements. Finally, as experienced litigators, we represent clients in removal proceedings before the Executive Office of Immigration Review (Immigration Court), Board of Immigration Appeals (BIA), and Administrative Appeals Office (AAO), among other venues, across the United States.
Podvey Meanor practices immigration law on a nationwide and global basis, with clients across America and the world. With comprehensive immigration reform on the horizon, we can help clients through the complex and confusing laws regarding regulatory compliance, immigrant status, and relief.
Insurance Services and Litigation
- Commercial Property Insurance Coverage and Litigation
- Complex Claims and Wide Impact Catastrophes
- Insurance Fraud
- Excess Insurance and Reinsurance
- Liability Defense
- Errors and Omissions Liability
- Directors and Officers Liability
Our experience in handling insurance matters, especially first party property claims, has earned respect nationwide. As a result, we have handled commercial property insurance matters involving losses throughout the United States and in Asia and Europe. Because of our expertise and reputation for excellence in this area, Podvey Meanor has served as lead counsel in litigation involving claims for up to several hundred million dollars.
The firm’s services include the evaluation of present policy language and the development of policy forms that will avoid future litigation; provision of coverage opinions and advice regarding pending claims; selection of experts or consultants to assist in claim handling and litigation; loss investigation; subrogation evaluation; and litigation of coverage disputes and subrogation actions. Podvey Meanor provides guidance from the time of a loss though final resolution of the claim, drawing on decades of experience in handling major losses.
Podvey Meanor has secured major victories and outstanding results for its clients as new “hot button” coverage issues have arisen over the years from product recall cases after the Tylenol tampering case in the early 1980s, to asbestos removal claims in the late 1980s, to claims involving the Y2K computer issue at the turn of the Millennium, to issues related to the September 11 terrorist attack in New York, to claims arising from the hurricanes that struck the Gulf Coast in 2005. We have achieved those excellent results as a result of a keen grasp of the evolving law on insurance coverage and an understanding of the business needs of our clients.
Once an insurer has paid a claim, Podvey Meanor can evaluate a potential subrogation claim against a third party responsible for causing a loss. The firm’s many seasoned litigators know how to evaluate a potential subrogation action and know how to develop and present a persuasive case once suit is filed. Because the firm pursues such matters on a contingent fee arrangement, the firm and our clients share a common interest in maximizing recovery, and Podvey Meanor has a decades-long track record of securing extremely favorable subrogation results for the insurers we represent.
- Construction Accidents
- Medical Malpractice
- Motor Vehicle Accidents
- Premises Liability
- Products Liability
- Toxic Torts
- Wrongful Death
The outcome of a personal injury claim often turns on the effort exerted early in a case to develop a strong factual and legal basis for recovery. Success is often dictated more by the facts developed through investigation and analysis of the medical information than by the law. Thus, Podvey Meanor takes particular pride in our ability to gather and analyze the important facts in a personal injury case. The firm handles both the prosecution and defense of such claims, giving our attorneys additional insight into the strategy of opposing parties. Our plaintiff’s personal injury practice allows us to help seriously injured clients and the families of those who have died obtain compensation for the injuries, pain and suffering, and economic losses caused by the negligence of others. Podvey Meanor advances the funds necessary to thoroughly investigate and aggressively prosecute our clients’ cases, including the fees charged by top doctors and other experts. Our clients pay us a fee only if we obtain a recovery, so it does not cost them any more to have Podvey Meanor handle their case than it would for a smaller, less diverse, less experienced firm with fewer resources.
Our experienced trial attorneys litigate matters in New Jersey and New York, regularly securing plaintiffs’ verdicts and settlements in excess of $1,000,000.00 in personal injury and wrongful death actions involving scaffold collapses and other construction accidents, medical malpractice, product liability, premises liability (including negligent security), and automobile, motorcycle and school bus accidents. Also, given the firm’s reputation for aggressive development and prosecution of its personal injury cases, Podvey Meanor is often able to reach a quick and favorable resolution for its clients, making trial unnecessary and alleviating the economic hardships imposed by injury or the loss of a loved one.
Our products liability practice includes products claims on behalf of plaintiffs and in defense of manufacturers. Many of the numerous insurance subrogation cases the Firm handles are in fact products liability claims. As a result of our extensive practice in this area, Podvey Meanor has ready access to some of the finest engineering and scientific faculties and accident investigators in the Northeast, who provide us with the technical and scientific support necessary to win these frequently hard fought and difficult cases. Our attorneys remain on the cutting edge of products liability law, and Thomas Hildner has lectured on this subject at both Rutgers and Seton Hall Universities. In addition, several of our attorneys have scientific and engineering degrees or expertise involving specific products that give the Firm a distinct advantage in the litigation of such cases. Our attorneys have handled cases involving the following products:
• Automobiles and Trucking
• Telephone Switching Equipment
• Cellular Telephone Facilities and Transmission Equipment
• Oil and Gas Fired Pressure Boilers
• All Terrain Vehicles
• High Voltage Radio Transmission Equipment and Facilities
• Turbine Generation Equipment and Facilities
• Commercial Plumbing Systems
• Commercial Heating Ovens
• Commercial Food Preparation Devices
• Industrial and Commercial HVAC Systems
• Industrial Pollution Control Devices
• High Energy Transformers and Switching Equipment
• High Voltage Transmission Facilities and Equipment
• Liquid Napathalene
• Industrial Machinery
• Recreational Vehicles
• Fork Lifts
• Swimming Pools
• Sail Boats
• Commercial Drug Production Equipment and Facilities
• Industrial Chemical Production Equipment and Facilities
- Accounting Malpractice
- Design Professional Malpractice
- Legal Malpractice
Professional malpractice claims involve high stakes. Thus, parties in such cases need an attorney who is sensitive to their needs and will be a forceful voice for them. Podvey Meanor fills that role.
From the defense side, we have attorneys with decades of experience representing attorneys, accountants, doctors, hospitals, architects, engineers and brokers against malpractice claims. The same knowledge of the law and these professions make the firm ideally suited to represent plaintiffs who have suffered harm because of professional malpractice. Our approach to a malpractice claim — whether representing a claimant or the professional — is simple, cost-effective, and proven to be successful: investigate thoroughly, analyze comprehensively, plan strategically and execute deliberately towards a swift and satisfactory resolution.
Podvey Meanor also provides legal representation to professionals including attorneys, physicians, dentists and accountants in connection with charges that may be brought by the Professional Board with oversight of the licensing of the professional. Often, by virtue of Podvey Meanor’s knowledge and experience, a client will achieve an early resolution without the necessity and expense of protracted hearings. However, when the Board seeks significant sanctions, including suspension or revocation, Podvey Meanor has the litigation skills and knowledge to defend our clients aggressively in these administrative proceedings.
Podvey Meanor also has frequently represented professionals in connection with the drafting of an employment agreement in the fields of medicine and dentistry. Podvey Meanor has numerous medical practitioner clients, and we are knowledgeable regarding the latest developments in this area so we can advise what is most advantageous to our client. We are currently retained to represent professionals in connection with internal practice disputes and partnerships/shareholder breakups. Representation in this area calls for knowledge of not only the law, but the business practices and economics of the practice to favorably resolve the dispute in the best interest of our clients.
Because of our dedication to our representation of our clients, these clients can focus their time and energy where they really want — on their practices — while we address their legal problems.
Real Estate and Land Use
- Environmental Compliance and Disputes
- Landlord/Tenant Disputes
- Land Use Development Approvals
- Real Estate Litigation
- Purchase and Sale of Commercial Real Estate
Podvey Meanor represents developers, property owners and users of real estate in a variety of commercial, industrial, office and mixed-use projects involving approvals for the development and redevelopment of real property. This involves preparing and presenting applications to local Planning and Zoning Boards as well as County Planning Boards. Our presentations are tailored to the idea that, if the application is denied, the client will have the necessary record to prevail on appeal to the courts.
In this regard, the firm has successfully overturned the denial of a use variance and a site plan in the Bankruptcy Court of New Jersey. This decision was upheld by the United States District Court and ultimately by the Third Circuit Court of Appeals. Other reported opinions include Sunrise Assisted Living v. Borough of Madison.
- We provide comprehensive legal services for real estate issues affecting office, retail and industrial properties. We employ a combination of zealous advocacy and the ability to find creative and effective solutions to the problems encountered at every stage of the transaction, including:
- Acquisition and Sale of properties, including commercial office buildings, manufacturing and warehouse facilities, shopping centers and other retail space, and undeveloped land.
- Leasing of single or multi-tenanted buildings, including the negotiation and drafting of the Lease Agreements, for commercial landlords and tenants.
- Obtaining Financing, including construction and permanent financing, bond financing, and loan workout agreements.
- Entity Formation for the ownership and operation of commercial properties, including preparation of operating, partnership and shareholder agreements, and any management or other necessary agreements between property-owning entities and property-management entities.
- Obtaining Regulatory Approvals, including site plan and subdivision approvals, construction permits, variances and other municipal approvals, as well as environmental, condominium formation and other regulatory approvals.
- Carrying out Construction of any improvements to the property, including the negotiation, drafting and review of AIA or other construction contracts.
Real estate developers, commercial, industrial and residential brokers and landowners and homeowners also turn to Podvey Meanor when disputes that arise cannot be resolved by negotiation, and litigation or arbitration is required. From suits regarding title, easements, development rights, brokerage fees, options and all other property-based litigation, our attorneys possess wide-ranging experience, which is used to position our clients for maximum advantage. Equally at home in chancery and law courts, Podvey Meanor attorneys consistently achieve successful results, at times blazing new paths and making new law. We always look for the shortest path to the best resolution while keeping in mind the potential long term effects of litigation on our clients’ property rights.
- Business Tax Advice
- Personal Tax Advice
Tax laws and regulations continue to expand and are ever more complex. Further, tax considerations are an integral and often overlooked part of every business transaction or personal decisions regarding gifting, preparing an estate plan or refinancing debt. Our trust and estate lawyers have decades of experience in tax planning, administration and litigation. Our attorneys keep pace with changes in the tax laws as well as the latest tax planning strategies to reduce business and individual income and estate taxes.
Business decisions typically involve much more than tax considerations. Because our attorneys are experienced not just in tax law but in general business law, as well as litigation, they can formulate innovative and lasting solutions to advance your business plan and minimize the tax impact of a transaction. We are equally sensitive to the personal issues inherent in estate planning. We understand that creating vehicles for saving every tax dollar may not achieve a client’s business, personal or family goals and that other, more appropriate strategies, may be called for to achieve and exceed those goals.
Trusts and Estates
- Estate Planning and Administration
- Wills and Trusts
- Probate and Trust Litigation
Our attorneys take a comprehensive approach to estate planning. We will work with you, individually, or with a variety of professionals, such as accountants, personal financial planners, bankers and trust officers. Working closely with these professionals and being conversant with these disciplines, our trust and estate lawyers assist you in identifying your family concerns and analyzing your financial resources in order to produce an estate plan that will preserve the family business after the death or disability of a key stockholder, minimize income, gift and estate taxes and provide a plan of asset distribution that takes into account any unique problems of the heirs. Our services include: drafting wills and trust documents; probate and estate administration, including tax return preparation; organizing family limited liability companies and family limited partnerships; post-mortem tax planning; litigating contested wills and trusts; and counseling with respect to gifts and charitable donations.