Baritz & Colman LLP is a results-oriented law firm principally focused in the areas of general corporate and securities law, real estate, bankruptcy and commercial litigation. We pride ourselves on not only meeting – but exceeding - the demands and goals of our clients by providing sound guidance, creative solutions and aggressive representation, all on a cost-effective basis.
We provide large firm quality, but with the close, personal attention and economy that a firm our size is uniquely able to offer. We provide effective representation commensurate with our clients’ objectives, dedicating resources and expertise geared to the specified demand, at a managed cost, and in accordance with the client’s expectations. Our lawyers and paraprofessionals respond quickly and efficiently to enable our clients to meet their goals. We are proud to represent a broad range of institutional, individual and entrepreneurial clients in diverse and success-oriented markets.
Baritz & Colman has offices in Boca Raton, Florida, and in the landmark Woolworth Building in New York City, New York.
Baritz & Colman LLP is nationally recognized for its practice in the area of securities litigation and regulation. We have represented clearing firms, brokerage firms and their associated persons before State and Federal courts and regulatory bodies throughout the United States for over twenty years and our clients include nationally and regionally recognized financial institutions.
The firm represents clearing firms, brokerage firms and their associated persons in securities arbitrations conducted under the auspices of the securities industry’s self - regulatory organizations, including defending claims for statutory violations, fraud, unsuitability, misrepresentations, and churning, among other claims, all in connection with the purchase and sale of securities. We also maintain excellent relationships within the securities industry and have achieved a high level of success on behalf of our clients utilizing alternative dispute resolution methodologies, including resolving claims through mediation.
In addition, we have extensive experience defending post-arbitration petitions to vacate arbitration awards. We have developed a substantial practice in the independent platform broker dealer space, and we represent firms and their associated persons in connection with formal and informal regulatory and law enforcement inquiries and disciplinary proceedings before the Securities and Exchange Commission, Financial Industry Regulatory Authority (FINRA), state bureaus of securities, and state attorneys general.
We also assist our securities industry clients in the formation and registration of broker-dealers, the transfer and ownership of existing firms, and firm and individual licensing with the various state regulatory agencies and the FINRA.
In performing these services for our clients, we provide advice on industry protocols and agreements, internal policies and practices, and the development of compliance manuals and supervisory procedures which are designed to the specifications of the particular business to comply with industry laws, rules and regulations, and ultimately, to minimize the risk of customer disputes or regulatory inquiries.
Real Estate & Commercial Lending Practice
Baritz & Colman LLP provides clients with a broad spectrum of real estate services. We are able to facilitate a transaction from contract negotiation through closing. Our practice includes assisting clients with the purchase and sale of commercial and residential properties, development of property, acquisition financing and negotiation of commercial and residential leases. We represent both borrowers and lenders in commercial and construction financing transactions as well as non-real estate based secured transactions, including but not limited to multifamily, office, industrial, retail and warehouse projects.
In order to assist clients in successfully closing their real estate transactions, we also provide title insurance services and closing agent services. We have the ability to issue title insurance for both residential and commercial transactions.
In addition, we also provide comprehensive counseling and representation in the following areas:
- short sale, loan modification (work out agreements) and foreclosure
- homeowner associations
Corporate, Business, Bankruptcy and Asset Protection Practice
Baritz & Colman LLP provides a multitude of corporate services to our clients. At the inception of a corporate matter, we provide guidance to the client on the type of entity to form based on the nature of the client’s business. Once the entity is chosen, our firm can prepare the initial corporate formation documents as well as negotiation and drafting of all types of business agreements such as shareholder, partnership and operating agreements. We also review, negotiate and draft the following:
- vendor contracts
- employment agreements
- buy/sell contracts (asset and stock purchases/sales)
- license agreements
- manufacturing and distribution agreements
- letters of intent
- non-disclosure agreements
- non-compete agreements
- indemnification agreements
- escrow agreements
- franchise agreements and license agreements
- distributorship agreements
- joint venture agreements
- management agreements
- broker and listing agreements
The bankruptcy services we provide to clients include pre-bankruptcy counseling, representation of debtors and creditors in Chapter 7 and Chapter 11 proceedings as well as representing clients in adversary proceedings. We also provide our clients with asset protection advice and creative solutions for avoiding bankruptcy if this is the client’s goal.
Business and Commercial Litigation
Baritz & Colman represents a broad base of clients in an extensive range of business and commercial disputes. Our clients include financial institutions, real estate developers, insurers, as well as small businesses and individuals, for whom we appear in both state and federal courts throughout Florida and New York.
Our approach to litigation is designed to be responsive to our clients' needs and goals. We work with our clients to develop and implement an effective and efficient litigation strategy - always with our clients’ goals and objectives at the forefront of our approach. We work vigorously to protect their rights and interests, in cases large and small, while helping them evaluate, manage and control the risks, costs and uncertainties associated with litigation.
We assist our clients with all types of business and commercial litigation matters, including:
- Contract disputes and enforcement
- Business disputes, including those involving corporate officers and partners
- Enforcement of non-compete agreements
- Landlord-Tenant and real property disputes
- Injunctions and TRO’s (temporary restraining orders)
- Collections, including those involving notes and guarantees
- Foreclosures of mortgages and security agreements
- Business torts
- Insurance defense
Baritz & Colman LLP represents owners, developers, contractors, architects and engineers in all facets of the construction process from contract negotiation and financing through dispute resolution. Our experienced attorneys are well versed with lien law practices and are proficient in navigating through complicated construction issues involving project management, insurance and bonding, labor and employment, AIA contractual procedures, trust fund compliance and delays.
Additionally, in response to the construction boom of the past decade, our practice has inevitably involved and now includes defending construction defect, negligent underpinning and general property damage claims and litigating complex insurance coverage issues.
Third Party Services
Baritz & Colman LLP has developed a sophisticated third party practice, in which we represent clients in connection with garnishment, lien and levy proceedings. We assist in matters ranging from the relatively simple, necessitating only a basic court filing, to the complex, involving multi-party federal and state court interpleader and related actions. We provide clients with advice and representation throughout the process, including, if necessary, the complete identification of subject assets and possible prior or competing claims, timely court filing and required follow up. We also assist our clients in coordinating required document identification, location and production, as well as representation at depositions, court or regulatory hearings, and trial.
Professional Liability Defense
Baritz & Colman LLP represents insurance agents and brokers, financial planners, accountants, architects, engineers, corporate directors and officers and other professionals in defending malpractice, errors and omissions and breach of fiduciary duty actions in the state and Federal courts. We are widely regarded for our results, client communications, flexibility and adherence to budget and strategy. In defending our clients, we recognize that coordination between client and carrier is paramount to achieving an aggressive but cost-effective defense. Based on our extensive experience, we are acutely aware of the need for the implementation of competent case management, timely reporting and effective cost controls without compromising position or strategy.
Employment Law Practice
Baritz & Colman maintains an active employment law practice, representing clients in all aspects of labor and employment matters. We routinely represent both large, nationally recognized corporations as well as individuals in cases involving age, race, gender, national origin, harassment, retaliation, breach of contract, and privacy rights before the state and federal courts, as well as in claims before the EEOC and state human rights departments.
The firm has achieved successful results on behalf of our clients in not just traditional civil litigation, but also through alternative dispute forums such as arbitration and mediation.
In addition to traditional advocacy and litigation services, the firm also provides advice and counseling to our clients regarding employment-related internal policies and procedures, as well as the development and review of employment practices and related strategies, employee manuals, handbooks and related documents, all designed to minimize the risk of exposure from employee claims.
Our objective is to provide cost-effective solutions and predictable results for our clients through the formulation and application of customized employment related policies and procedures.
Trusts & Estates
Baritz & Colman LLP provides full service trust and estate services to our clients. We work to know our clients on a personal level, to help them identify their needs, and to guide them toward their planning goals. Every estate plan is individually tailored to a client’s family dynamic, assets, risk profile, charitable inclinations, and tax minimization concerns. For business owners and entrepreneurs, Baritz & Colman LLP offers an integrated approach to personal and business planning that identifies and solves business ownership succession issues, intellectual property matters, real estate concerns, and other estate related issues in a manner that is tax efficient and beneficial for the families and their businesses. We explain estate planning and tax matters in depth to our clients, advise clients on available strategies, prepare the appropriate documents, and ensure that our clients understand the meaning and the purpose of each document. Upon the death of a family member, we understand how confusing and overwhelming probate administration can be for loved ones. At Baritz & Colman LLP, we guide our clients through the probate administration process and alleviate the burdens of estate administration.
Our extensive trusts and estates practice focuses on the following areas:
- preparation of wills, durable powers of attorney, health care surrogate designations, living wills, and declarations of pre-need guardians
- trust preparation, trust modification, trust reformation and trust termination
- wealth preservation planning
- charitable gifting
- public and private charitable foundation formation and maintenance
- business succession planning
- life insurance planning
- estate tax return preparation and filing
- representation of fiduciaries and beneficiaries in probate and trust administration matters
- post-mortem tax planning
- estate administration
- trust administration
Baritz & Colman has earned a reputation as a leading law firm representing financial services and other business clients as part of its comprehensive employment practice.
The firm’s recognized skills in this sector, exhibited through the diligence of, and results achieved by, our dedicated professionals, extends to a wide array of services we are positioned to perform creatively and efficiently. We are highly experienced in providing predominantly defensive representation in connection with an ever-expanding menu of employment disputes including individual employee complaints, class actions, contract negotiations (e.g., non-compete agreements), whistleblower scenarios and raiding cases. We handle all manner of workplace situations involving allegations of racial, gender and religious discrimination and harassment. In addition, the firm is adept at preparing and revising policy manuals dealing with these and other areas of the employer-employee dynamic.
Our objective is to educate our clients - through white papers, lectures and other specially tailored interactive presentations - about best employment practices, litigation avoidance, litigation preparation and behavior, document preparation and preservation, and achieving the best benefit from lessons learned.