PRACTICE AREA

  • COMPLEX COMMERCIAL LITIGATION

    The firm is available to handle complex commercial litigation lawsuits in both the High Courts and Trial Courts across India. It also represents clients in other states with permission of the Court. These cases run the gamut from breach of contract and fraud to statutory causes of action and injunctions.
    THE LAWMEN INTERNATIONAL 's approach to litigation is responsive to its clients' needs and goals. The firm encourages open and continuous communication so that it can assess at every stage what works best for each client. In certain cases, clients may want to take an aggressive, "no holds barred" approach to bringing the matter to trial, while in others, they may wish to take a more conciliatory approach and actively explore settlement. Indeed, sometimes the most appropriate approach is alternate dispute resolution, such as mediation or arbitration. The key is to tailor the approach in accord with each client's preferences and needs.

    The firm's commercial litigation practice includes :
    • Breach of contract, fraud and business interference matters
    • Construction lawsuits
    • Foreclosure matters
    • Condemnation and eminent domain actions
    • Appearances before local municipal boards
    • Commercial landlord-tenant disputes
    • Collections and commercial lien filings
    • Attorney ethics matters
    • State and Federal appeals
    • Intellectual Property infringement suits
    • Practice before the Trademark Trial and Appellate Board
    • Administrative law proceedings before State and Federal regulatory bodies
    • Injunctions involving orders to show cause and temporary restraints

    Our litigation practice also includes matters relating to Employment Law and Collection, Foreclosure & Judgment.
  • COMMERCIAL CONTRACTS AND TRANSACTIONAL MATTERS

    A significant part of the firm's business law practice involves business transactions and corporate law in India and abroad, lawsuits can be avoided if the underlying agreements are drafted with precision and foresight. Accordingly, the firm's approach to drafting contracts is simple: it strives to accurately and thoroughly prepare the underlying documentation and address issues of compliance and regulatory enforcement in a manner that is proactive. In other words, the firm seeks to prevent problems before they arise.
    For example, one of the firm's focuses is the sale and purchase of businesses, what is generally referred to as "Mergers & Acquisitions." Having a wealth of experience in this area, the firm is often able to advise our clients respecting both the business and legal aspects of how to structure and effectuate the sale in a way that makes the most sense. This applies from the inception of the transaction to its conclusion.
    The firm has handled a variety of commercial transactions involving the following:
    • Corporate formalities including operating agreements, meeting resolutions and corporate bylaws • Shareholder agreements and stock pledge agreements
    • Sale and purchase of a business
    • Employment, severance and restrictive covenant agreements
    • Employment manuals
    • Distribution agreements
    • Promissory notes, security agreements and applicable UCC filings
    • Intellectual property licensing and assignment agreements
    • Corporate Governance
    • Commercial Real Estate purchases
    • Commercial Leases
    • Corporate workouts
    • Occupational Licensing
    • Trademarks, Copyrights and Trade Secret
    • Invoice terms and conditions
  • COMMERCIAL REAL ESTATE

    The practice of commercial real estate law involves many layers, such as addressing environmental concerns, title issues, tenancy matters, corporate ownership issues and financing. It is frequently far more complex than a simple residential real estate transaction. It is a true team effort, involving real estate brokers, environmental consultants, title insurers, contractors and lenders. THE LAWMEN INTERNATIONAL coordinates these competing aspects and seeks to simplify the complicated legal issues inherent in the conveyance of commercial real estate.

    The firm's commercial real estate practice includes :
    • Creating an entity to own the real estate, including corporation, limited liability company, partnership, non-profit corporation and joint venture
    • Addressing title and ownership issues
    • Drafting and negotiating sale agreements and closing documents, including deeds, promissory notes, security agreements, mortgages and other pre-closing documentation
    • Drafting and negotiating commercial leases
    • Structuring real estate sale and lease-back transactions
    • Recording UCC financing statements and mortgages
    • Addressing pre-closing environmental issues such as those under the Environmental Protection Act
    • Filing lawsuits for money damages or injunctive relief if the real estate matter becomes contested
    • Foreclosure matters
    • Condemnation and eminent domain actions
    • Appearing before municipal zoning and planning boards
    • Structuring new developments, including commercial, residential and mixed-use cooperatives and condominiums
    • Litigating commercial landlord-tenant disputes
  • DEFENDING AGAINST FORECLOSURES

    Foreclosures are on the rise across India and elsewhere. In certain cases, THE LAWMEN INTERNATIONAL can defend against them. While no one can guarantee the outcome, frequently all our clients need is sufficient breathing room to obtain alternate financing or to sell the real estate themselves. Filing a good faith defense can often accomplish that. Moreover, by contesting a foreclosure, the firm can often begin a dialog with the lender to see if the debt can be restructured.
    In this regard, the firm's services include:
    • Defending contested foreclosure matters.
    • Handling the legal aspects of restructuring mortgage debt.
    • Negotiating with the lender through mediation or otherwise.
    • Handling the legal aspects of the refinance.
  • CONSTRUCTION LAW

    One of the most significant areas of the firm's practice is construction law. Its clients range from one person start-ups to large contractors. The firm represents its clients in a variety of areas: from contract drafting to defending against Consumer Protections Act lawsuits; from mediation and arbitration to State and Federal construction litigations; from filing construction liens to collecting payment for contracting services rendered.
    There are certain legal issues that are unique to the construction industry.
    The firm is well-suited to address them. They include:
    • Filing lawsuits for both damages and injunctive relief with respect to construction projects
    • Drafting commercial construction contracts
    • Filing construction liens and/or defending against such filings
    • Coordinating with clients to develop techniques for collecting payment from reluctant customers
    • Advising clients with regard to the requirements of the Consumer Protection Act
    • Drafting residential/home improvement contracts that are compliant with the Consumer Protection Act and associated regulations
    • Addressing zoning and planning issues under the municipal land use laws and local land use ordinances
    • Seeking to obtain payment for construction services rendered under the State and federal prompt payment enactments.
    • Addressing the requirements for government bids, resolving construction disputes by utilizing alternate dispute resolution, including mediation and arbitration
  • ENTERTAINMENT AND SPORTS LAW

    THE LAWMEN INTERNATIONAL 's focus in commercial law has given it the experience of advising numerous business clients, providing it with a unique understanding of the intersection between the legal and business aspects of the sports and entertainment industries.
    The firm is committed to provide each client with a comprehensive, cost-effective solution that is protective of the client's rights and at the same time conducive to promoting that client's particular talents. One of the most important aspects of the representation of athletes and artists is the establishment and maintenance of that individual as a "brand." The firm is especially mindful of this. It works to protect the strength of the client's brand through careful negotiation and contract drafting, and by utilizing prevailing intellectual property laws.
    The firm's services in this area include:
    • Organizational documents for musical groups
    • Athlete and celebrity endorsement and appearance agreements
    • Formation of independent record labels and management, production and publishing companies
    • Purchase and sale of independent record labels and other entertainment entities
    • Review and negotiation of recording, CD and music video production and management agreements
    • Negotiation of literary and screenplay rights
    • Event sponsorship agreements
    • Pre-production review for television, film and print media
    • Negotiation of music and branding-related clearances
    • Negotiation of publishing rights related to theater productions
    • Review and negotiation of television and film talent agreements
    • Registration, maintenance and enforcement of copyright, trademark and other intellectual property rights, including practice before the Trademark Trial & Appeal Board on behalf of singers, songwriters, bands and corporate entities
    • Litigation of trademark and copyright infringement claims
    • Review and negotiation of license, assignment and royalty agreements Prior to joining our firm, some of our past and present attorneys in the Entertainment & Sports Law Practice Group worked in a variety of legal departments.
  • FAMILY & MATRIMONIAL LAW

    Our firm welcomes matters involving family and matrimonial law. This encompasses prenuptial agreements; postnuptial agreements; living wills and healthcare proxies. We also welcome engagements relating to divorce mediation.
    One of the key aspects of this area of practice is to make the engagement affordable for the client. Accordingly, we are willing to explore alternate billing arrangements that deviate from the standard hourly billable model. For example, we are willing to explore flat fee arrangements for discrete legal services.
    The challenge in family law is on the one hand, to treat the client with dignity, respect and empathy during a particularly difficult passage in their lives, while at the same time, to address the business fundamentals of protecting their personal financial viability. Our role as commercial lawyers serves well in this regard, since we are particularly mindful of the financial and business realities – and forensic investigation necessary – when someone is dividing their personal assets with their partner.
  • INTELLECTUAL PROPERTY

    Protecting intellectual property is the hallmark of a commercial law practice. In many cases, a company's intellectual property represents the lion's share of its underlying value. Therefore, it is essential to know that such items as copyrights, trademarks and confidentiality agreements are in place and binding. The firm's intellectual property practice seeks to do that and more.
    In this regard, the firm advises its clients respecting:
    • Corporate audits regarding the client's intellectual property
    • Copyright registration filings
    • Trademark and service mark registration filings and appeals
    • Contractual protection of trade secrets
    • Non-disclosure agreements
    • Litigation to enforce intellectual property rights
    • Litigation of disputes related to trade secret theft and unfair competition
    • Review and negotiation of license, assignment and royalty agreements
    • Litigation of cybersquatting claims
    • Patent licensing and assignment agreements
    • Representation before the Federal Trademark Trial & Appeal Board
  • EMPLOYMENT LAW

    Employment law is one of the firm's key practice areas. It is a highly complex aspect of the law, especially because it is constantly evolving. The stakes are high. An employer can be liable for significant damages if the proper protections are not put in place at the outset.
    The firm draws from its extensive experience in advising clients about how to avoid litigation, if possible. A large part of this involves drafting comprehensive agreements which clearly outline the details of the employment relationship both at the outset and conclusion.
    Additionally, the firm offers legal advice as to laws such as the Indian laws against discrimination, the Indian Human Rights laws and the Indians with Disabilities Act. The firm can also provide business counseling to assist in the development of best practices and other human resource policies and procedures aimed at minimizing legal risk.
    Nonetheless, THE LAWMEN INTERNATIONAL understands that litigation cannot always be avoided. When necessary, it can aggressively advocate its clients' rights in the Federal and State Courts and agencies.
    The firm's employment law practice includes:
    • Drafting, negotiating and enforcing:
    o Employment agreements
    o Severance agreements
    o Non-compete agreements and restrictive covenants
    o Independent contractor agreements
    o Shareholder agreements
    o Employment manuals and related documentation
    • Preparing employment-related company policies and training employees with regard to those policies
    • Advising as to compliance with labor-specific and civil rights laws, such as the Indian law against discrimination, Indian Human Rights law and Indians with Disabilities Act
  • HEALTH LAW

    It is an understatement to say that with the coming of the new millennium the layers of complication involved in health law have increased exponentially. There have been critical developments in such areas as managed care, malpractice liability, restrictive covenants, entity formation, HIPAA compliance, Stark I, II and III and the Patients' Bill of Rights. THE LAWMEN INTERNATIONAL is uniquely suited to meet this challenge; its attorneys have represented physicians, physician groups, managed care entities and hospitals in a wide range of healthcare-related legal matters. The firm is also able to leverage its experience in the corporate, litigation, technology and privacy practice areas to add further depth to its range of health law services. Moreover, the firm's Managing Principal, Mr. Sanket M. Yenagi, is a well-known attorney in the area of health law and has actively participated in several legal education seminars for attorneys.
    The firm's healthcare practice includes:
    • Purchase or sale of a medical practice
    • Employment or severance agreements for physicians and other medical professionals
    • Regulatory issues concerning the Board of Psychology and Board of Medical Examiners
    • HIPAA compliance and related business associate agreements
    • Stark I, II and III compliance, including State counterparts
    • Managed care contracts
    • Healthcare-related collections
    • Hospital peer review proceedings
    • Surrogate mother contracts
    • Protection against malpractice liability
    • Restrictive covenants
    • Medicare coverage issues
  • SMALL BUSINESS AND ENTREPRENEURS

    THE LAWMEN INTERNATIONAL represents a significant number of small businesses. Some of them come to the firm after having been up and running for years, and others are true start-ups. The Firm Charges a Flat Fee to Form a Business.
    In order to run a small business, it must first be launched. However, at that initial stage, it can sometimes be severely undercapitalized. Therefore, THE LAWMEN INTERNATIONAL offers the following services on a flat fee basis that takes into account the financial challenges that new businesses face:
    • Form and register with the respective state a single-owner corporation or limited liability company in India
    • Obtain the tax identification number for the entity
    • Draft corporate bylaws or operating agreement for the new entity
    • Draft one set of organizational resolutions for the initial action of the company’s members or Board of Directors and Shareholders
    • Issue stock and/or membership certificates
    • Complete the stock and/or membership ledger for the Company
    • At the client’s request, provide a new business checklist, outlining a non-exclusive list of issues that most new businesses need to address. The firm solely asks that the client advance costs, such as postage, overnight mail, filing and corporate kit fees; however, these are generally not expensive charges.
    The reason we are offering this flat fee program is because of the current state of our economy; the squeeze that it is placing on small business owners; and the number of newly unemployed individuals who are starting their own businesses. It is our commitment to do our share to help the business community make it through these difficult times.
    Our Firm Also Offers A Wide Range of Other Legal Services for Small Businesses.
    We do charge hourly billable legal fees for most of the other services we provide. However, small business clients may not have the same legal budget as their larger counterparts. Hence, the firm strives to provide sophisticated, first-class service in an efficient manner within the client's financial limitations, which can sometimes involve a tailor-made flat fee structure to fulfill that client's needs.
    Some of the other legal services the firm offers in the area of advising business entrepreneurs includes such items as:
    • Preparing customer agreements, distributor agreements, website terms and conditions and privacy policies
    • Preparing employment agreements, manuals and surrounding documentation
    • Assisting with collection of accounts receivable
    • Reviewing financing documentation for commercial loans
    • Providing general commercial law advice and guidance
  • ENVIRONMENTAL LAW

    An integral part of business law in the twenty first century revolves around helping commercial clients make their way through the thicket of environmental laws and regulations. This can include both State and Federal guidelines, as well as local municipal ordinances.
    THE LAWMEN INTERNATIONAL attorneys have handled a number of such complex environmental law engagements, including such items as:
    • Representing potentially responsible parties in large landfill clean ups
    • Addressing Brownfields issues
    • Handling neighborhood association lawsuits for contamination of ground water and soil
    • Negotiating resolutions of ISRA problems in connection with the sale of commercial real estate
    • Drafting extensive environmental indemnification protections for both sales and leases of commercial property
    • Negotiating with the Department of Environmental Protection
  • PUBLIC INTEREST LAW

    Many leading business lawyers throughout the country routinely devote their legal talents to serving the public interest. Often, this takes the form of lawsuits brought on behalf of individuals that have far-reaching public policy consequences. THE LAWMEN INTERNATIONAL's policy is to encourage this commitment to have attorneys contribute their legal skills and efforts to the community at large.
    The firm is very selective about the matters it handles, and certainly does everything it can to avoid a potential conflict with its commercial practice. However, bearing that in mind, it is available to handle, in select instances, matters involving civil rights, Federal and State Constitutional law and representation of both the indigent and infirm.
  • INTERNATIONAL LAW

    The current world economy operates largely without borders. It is critical for commercial law firms to have the capacity to do so, as well. THE LAWMEN INTERNATIONAL has handled a number of matters involving both clients in other countries and clients in the India who have legal matters in other countries.
    This representation has included:
    • Distribution Agreements
    • Manufacturing Agreements
    • Intellectual Property License Agreements
    • European companies that own American subsidiaries
    • Legal analysis of moral rights under the European Community legal system
    • Corporate governance issues relating to European Holding companies of American subsidiaries
    • International entertainment agreements
    • Legal disputes concerning United Kingdom subsidiaries of American companies
    • Drafting contracts concerning rights under the laws of the European Community
    • Transactions in the United States for clients in the Pacific Rim
  • EXPERT WITNESS- MALPRACTICE

    THE LAWMEN INTERNATIONAL also offers two unique services for attorneys: representing them in responding to ethics grievances and serving as an expert witness in both legal malpractice and attorney ethics and fee arbitration proceedings. The Managing Principal of the firm, Mr.Sanket M. Yenagi, has experience in both handling legal ethics matters and serving as a plaintiff's expert in attorney malpractice litigation. Expert witness in Legal Ethics, Fee Arbitration and Legal Malpractice matters.
    Due to his extensive background in both commercial practice and in the attorney ethics process, Mr. Sanket M. Yenagi is uniquely suited to serve as an expert witness in both (a) legal malpractice matters involving commercial issues and (b) legal ethics proceedings. He has prepared numerous expert witness reports for plaintiff's attorneys alleging malpractice. Mr. Sanket M. Yenagi is also available to testify as expert witness in ethics proceedings and fee arbitration matters.