Learn more about what our experienced professionals can do in the most complex of cases.
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Favorable Settlement Protecting NFT Founder's Sole Ownership Against Partnership Claim
Falcon Rappaport & Berkman’s Digital Assets Practice Group and Litigation Practice Group successfully defended the creator of an NFT project against claims brought by an early contributor who alleged he was a partner in the business. The claimant demanded an equity interest in the project, an accounting of all revenues, wallets, and distributions, payment of the partner’s share of profits, and a freeze of the alleged partnership assets pending resolution. FRB’s team argued that the claimant had served as an independent contractor with no formal or implied partnership arrangement, and that no evidence supported the existence of a partnership under applicable law. Through strategic negotiation, FRB secured a favorable settlement that preserved the client’s sole ownership of the project and all associated intellectual property, allowing the founder to continue building and operating the project without disruption.
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Retirement Estate Planning and Trust Funding for Long-Term Care Protection
As the Clients were approaching retirement, they sought our Estate Planning Department to assist in preparing their estate. Concerns arose about long-term care and leaving assets for their beneficiaries. Our Estate Planning Department formulated a plan that suited the needs of the Clients, prepared the appropriate planning tools, and worked with the Real Estate department to transfer certain real properties from the individual client to their respective trusts. By collaborating across departments, the Clients had a better understanding of their estate plan and were able to leave with their wishes actually in place.
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Ballot Access Secured After Voter Registration Challenge
FRB’s Election Law & Campaign Finance attorneys can guide you through the challenges of election law matters such as gaining access to the ballot. A Client came in, never having run for office and looking to get on the ballot. Unfortunately, it was discovered that due to a recent move from California, the New York State Board of Elections did not have the Client as a properly enrolled and registered voter. FRB worked with both New York State and California Secretary of State to prove to New York State that the Client was properly registered and enrolled as a voter in New York State, specifically New York City, thereby allowing the Client to remain on the ballot.
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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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The Art of Resolving a Complex Loan Payoff
FRB’s creditor and debtor rights team skillfully navigated a complex loan payoff involving a challenging situation with an assertive and unpredictable offshore lender. Faced with the looming threat from the private lender to take action against our clients’ coop, our team explored creditor protection options to alleviate the strain and potentially restructure the claim. Using bankruptcy as a settlement anchor, we successfully brought the parties to the negotiating table after 14 years of stress and uncertainty. Throughout the process, our dedicated team played a crucial role in ensuring the closing stayed on course despite the need for multiple extensions to meet funding deadlines. This achievement was the result of a truly collaborative effort by our skilled and committed team.