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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FRB Secures Full Allowance of Disputed Earn Claim in Crypto Bankruptcy
FRB’s Creditors’ Rights & Bankruptcy Practice Group successfully represented a cryptocurrency account holder whose six-figure Earn Account claim was challenged in a Chapter 11 proceeding. After the claim was targeted in an omnibus objection alleging insufficient support, FRB conducted a detailed review of blockchain transaction data and custodial records, confirming that the client’s deposits were legitimate and directly traceable to assets later recovered by the debtor.
FRB demonstrated that the claim qualified for treatment under the confirmed Chapter 11 plan and, through negotiation, secured a stipulated order allowing the claim in full. The Bankruptcy Court approved the resolution, preserving more than $111,000 in digital asset value and underscoring FRB’s experience navigating complex cryptocurrency insolvency matters.
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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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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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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.