Learn more about what our experienced professionals can do in the most complex of cases.
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From Pop Shop to Syndicate
While starting as a small family-owned HVAC business in New York, FRB’s Corporate & Securities attorneys initially helped its owner undergo an asset purchase sale for $22.5M. Not long after, its owner realized that he had the ability and industry-related business acumen to grow similar companies from the ground up, and he began acquiring other HVAC-related businesses in the same space. Since then, we have helped this successful entrepreneur evaluate the viability of prospective acquisitions, uniquely structure each purchase to protect his business interests, and add several HVAC-related companies to his business portfolio.
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Julie and Mark: Unforeseen Danger – Surprise Litigation
Julie and Mark had worked hard for many years, accumulating over $12M through the sale of Mark’s company. They wisely invested their money and implemented advanced estate planning techniques. This allowed them to enjoy their lives by traveling, spending time with family, supporting charitable organizations, and pursuing leisure activities they had long desired. However, a sudden letter from the buyer of Mark’s business revealed accounting irregularities, and the buyer demanded a refund along with damages and fees. Fortunately, Mark had followed the advice given to him by the Asset Protection attorneys at Falcon Rappaport & Berkman and was able to successfully protect his funds in an offshore Asset Protection Trust. When the buyer’s lawyer was informed about the challenges in accessing Mark’s assets, the buyer settled for a small amount and agreed not to pursue further legal action. Without the asset protection trust, Mark would have faced a fraud lawsuit and the risk of losing his money. Mark’s advanced planning was a smart decision. This matter was handled by the attorneys in our Asset Protection Practice Group prior to joining FRB earlier this year.
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Bill and Mary: Protected Their Assets from Lawsuits or Attachment
Bill and Mary, a couple with a strong desire to safeguard their legacy and retain control over their resources, sought assistance from Falcon Rappaport & Berkman’s Asset Protection Practice Group. With over 35 years of marriage and three married children, they aimed to protect their assets while accessing them when needed. Bill, a successful business owner and investor, received an appealing offer to sell his business and wished to devote more time to his family and personal investments, including rental properties. He also intended to remain on the board of directors of certain companies. Concerned about potential liabilities, Bill sought advice on restructuring their estate plan. Falcon Rappaport & Berkman provided a solution encompassing comprehensive estate planning and reducing their taxable estate by gifting assets to their children and grandchildren while maintaining control. By implementing this strategy, Bill and Mary achieved their objectives: asset protection, estate tax reduction, control over their properties and investments, and a robust estate plan that would withstand legal challenges in the future. This matter was handled by the attorneys in our Asset Protection Practice Group prior to joining FRB earlier this year.
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Tax-Efficient Sale of Data Center Portfolio
FRB advised a leading energy sector client on the divestiture of two data centers to a publicly traded strategic acquirer. The transaction represented a significant portfolio realignment for the client and required careful structuring to maximize after-tax proceeds and ensure a seamless transfer of operations.
FRB’s Taxation attorneys led the structuring of the transaction to achieve maximum tax efficiency for the seller. Working closely with the client throughout the deal lifecycle, the team advised on the allocation of purchase price among the transferred assets, analyzed and mitigated potential depreciation recapture exposure, and addressed multistate tax considerations. In parallel, the team drafted and negotiated the principal transactional documents, coordinating with the client’s internal stakeholders and counsel for the acquirer to bring the transaction to a successful close.
The approximately $67 million transaction closed successfully, delivering a tax-efficient exit for the client and demonstrating FRB’s ability to combine sophisticated tax structuring with hands-on transactional execution on complex data center and digital infrastructure deals.
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Foreclosure Process Clarification
FRB’s Creditors’ Rights & Bankruptcy Law attorneys secured a key legal victory for a lender client in a foreclosure action against the estate of a deceased borrower. The estate’s fiduciary argued that the lender failed to serve required pre-foreclosure notices under RPAPL 1304 and the mortgage agreement. FRB attorneys successfully countered, demonstrating that such notices were not required when the borrower had passed away and the estate administrator was not an obligor on the loan.
The Supreme Court of New York ruled in favor of FRB’s client, confirming that RPAPL 1304 does not apply in these circumstances and that contractual obligations did not extend to estate administrators. This precedent protects lenders from unnecessary delays and reinforces the importance of clear mortgage terms. FRB’s strategic legal approach continues to safeguard lender interests in complex foreclosure cases.