Practices

AVIATION LAW

Aviation Law is the branch of law that concerns flight, air travel and associated legal and business concerns and is regulated by Title 14 of the CFR. Moreover, the 1926 Air Commerce Act, provides for the certification and registration of aircraft.

In 1938 was created the Civil Aeronautics Authority, a five-member panel with federal jurisdictiont, that was later replaced by a Civil Aeronautics Board with the transferral of most of its power to the Department of Commerce. Several subsequent federal acts were created like the Federal Aviation Act of 1958, the Airport and Airway Development Act of 1970, the Airline Deregulation Act of 1978, and finally the Aviation and Transportation Security Act after September 11, 2001, which established a Transportation Security Administration (TSA) in the Department of Transportation. The TSA resides in the Department of Homeland Security (DHS) and aviation is for the most part governed by federal law.

The Federal Aviation Administration (FAA) governs applied aspects of flight. The International Civil Aviation Organization (ICAO) a specialized agency of the United Nations, provides general rules. We assist many clients involved in aviation activities around the world, and we also collaborate with Italian lawyers. Our litigators are very experienced in legal and non-legal aviation issues.

CONSTRUCTION

We offer specialized legal knowledge in construction, building, negotiating construction contracts, scaffolding accidents, mechanics liens to defects and delays, insurance, and performance security, coverage and litigation. In 1971, OSHA (Occupational Safety and Health Administration) regulations have been designed in order to protect workers from the hazards of working from scaffolds.

Standards set up by OSHA regulate the maintenance and operation of scaffolding, and how scaffolds must be set up in order to decrease the amount of accidents. Yet, the negligence by other employers or the dangerous conditions in various places of work may cause hundreds of thousands of injuries and fatalities each year.

The American Institute of Architects first published a form in 1888, and has over 200 forms, with revisions to selected forms happening typically every ten years. In september 2007 was published the ConsensusDocs Coalition which includes 41 trade associations representing design professionals, owners, contractors, subcontractors and sureties in the design and construction industry.

We have had substantial experience representing insured parties and insurers engaged in the construction, ladder and scaffold industries. representing design professionals, owners, contractors, subcontractors and sureties in the design and construction industry.

EMERGENCY SERVICES LITIGATION

Our litigation lawyers assist clients in emergency services, such as orders to show cause and emergency motions for a bail before criminal Courts. The Firm represents emergency service providers, emergency service equipment manufacturers and related companies in litigation arising from the provision of emergency services. Our attorneys are experienced litigators, including a twelve year attorney who also serves as a professional fire fighter for a major local fire department.

This combination of legal and technical expertise makes us uniquely qualified to handle legal matters arising from the provision of services for fire suppression, hazardous material incident mitigation, technical rescue and emergency medical services.

EMPLOYMENT

The Firm has wide-ranging experience in all aspects of employment practices litigation (EPL) such as lawsuits relating to trade secrets and unfair competition, statutory discrimination, harassment, wage and hour issues or contract and tort claims, among others. We also offer advises on negotiation of executive employment agreements, consulting arrangements, and employment policies.

We work with State and federal laws to avoid exposing the company to claims of discrimination or wrongful termination claims following lay-offs, shutdowns and transfers. Moreover we handle state and local employment statutes and several acts such as the Fair Labor Standards Act (FLSA), the Americans with Disabilities Act (ADA), the Worker Adjustment and Retraining Notification Act (WARN), the Immigration Reform and Control Act (IRCA), the Family and Medical Leave Act (FMLA), among others.

ENVIRONMENTAL, TOXIC AND POLLUTION MATTERS

The Firm represents clients in connection with hazardous environmental waste disputes, including EPA (United States Environmental Protection Agency)-initiated clean-up proceedings, private CERCLA litigation and State regulatory matters.

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), was enacted on December 11, 1980. CERCLA created a tax on the chemical and petroleum industries and provided broad Federal authority to respond directly to releases or threatened releases of hazardous substances that may endanger public health or the environment.

Our litigators provide clients with the experience and know-how needed to contest or resolve environmental problems and disputes. The Firm also counsels insurers on environmental audits and on a broad range of environmental issues, including coverage.

INSURANCE

Up until 1944, insurance was not subject to federal regulation because it was not considered commerce. Later, the McCarran-Ferguson Act (15 U.S.C. § 1011) provided that the laws of the several States should control the insurance business, and that the Sherman Act, the Clayton Act, and the Federal Trade Commission Act were applicable to the insurance business to the extent that it was unregulated by State law.

The Firm’s insurance practices provides a full range of services relating to insurance coverage. The Firm’s attorneys have broad experience in handling claims and litigation involving allegations of insurance bad faith, unfair claims handling practices, and violation of related consumer protection statutes. We have successfully represented insurers in litigation arising from such claims and are frequently called upon to provide advice calculated to avoid such claims and litigation in the first place.

MEDICAL MALPRACTICE

Medical malpractice law governs the liability of doctors and other treatment providers when they harm a patient with negligent practices. The Firm’s attorneys have broad experience in handling claims and litigation involving allegations of insurance bad faith, unfair claims handling practices, and violation of related consumer protection statutes.

We have successfully represented insurers in litigation arising from such claims and are frequently called upon to provide advice calculated to avoid such claims and litigation in the first place. All states have their own laws and procedures to handle these specialized personal injury cases.

Self-representation in these cases is not feasible and due to the financial resources and litigation expertise required, most attorneys do not accept medical malpractice cases.

PRODUCT LIABILITY

Defective and dangerous products are the cause of thousands of injuries every year in the U.S. In this case a manufacturer or seller is held liable for placing a defective product into the hands of a consumer. Because of the Firm’s broad experience in all types of litigation, we believe we bring a broader focus to the product liability case than the more specialized firms in this practice.

For example, we have rejected the traditional wisdom that all issues in these cases must go to the jury and have found that an aggressive challenge to plaintiff’s proof of a product defect in the discovery phase of a case frequently has resulted in a successful motion for summary judgment, a nominal settlement or a voluntary dismissal.

We are or have been defense counsel in numerous product liability cases and recently have represented such well-known United States corporations as United Technologies Corporation, General Motors Corporation, Piper Aircraft, Cessna Aircraft, and Allied Aerospace Corporation.

DIRECTORS AND OFFICERS/PROFESSIONAL LIABILITY

This area of practices refers to legal obligations arising out of a professional’s errors, negligent acts, or omissions during the course of the practice of a craft. The Firm’s directors and officers and professional liability practice provides services to the insurance industry for the specialized underwriting and claims issues that are generated by these unique areas.

Our clients are domestic insurance companies, overseas insurance companies and syndicates at Lloyd’s, brokers, underwriting managers and other servicing entities for the professional and financial services industry.

GENERAL TORT DEFENSE

When a defendant’s actions interfered with the plaintiff’s person or property, a tort is committed. If the plaintiff allows these interference to occur, the defendant is not considered to have committed a tort even if the conduct is immoral or harmful.

The Firm’s tort practice is primarily devoted to litigation. Our attorneys have broad experience in insurance defense, bad faith and coverage disputes.

In addition to representing clients in particular lawsuits, our attorneys frequently act as national liability counsel for clients that are involved in mass disaster litigation or multiple tort situations that have generated related litigation in various parts of the U.S. or in other countries

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