The White Plains office of Eckert Seamans is located 30 minutes from mid-town Manhattan and represents clients throughout the New York Metropolitan area, as well as the rest of the State. The firm’s New York attorneys concentrate in many practice areas, including commercial law and litigation, environmental, toxic/mass tort litigation, products liability, bankruptcy, construction and hospitality law.

Substantive areas include:

Litigation and Commercial Law

The office's commercial law and litigation practice provides representation to a broad range of local, national and international clients in federal and state courts. Attorneys in the office have experience with a variety of alternative dispute resolution proceedings including arbitration, mediation and mini-trials. Our services go beyond traditional legal practice to include general business advice, input into business planning and development, risk assessment and advice on business strategies of many types. We give our clients practical advice in a timely, efficient manner to assist them in achieving their desired objectives. Our commercial litigation attorneys understand that a thorough knowledge of our clients' products and services and the surrounding business environment is essential to providing superior service.

Environmental

In environmental matters, the White Plains office assists clients with compliance, enforcement, government rulemaking, strategic planning and other matters that are subject to statutes such as the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), the Clean Air Act, the Clean Water Act and the Toxic Substances Control Act. The office’s attorneys represent clients in a broad array of environmental issue-related litigation. Our attorneys help clients avoid environmental liabilities and turn environmental programs into business advantages. We work as trusted advisors to our clients and assist them in developing strategies that are responsible, prudent, cost-sensitive and consistent with their business goals.

Toxic/Mass Tort Litigation

Our broad experience includes virtually every type and size of lawsuit arising from the manufacturing, handling, sale and disposal of chemicals and other allegedly hazardous substances. Our Toxic Tort/Mass Litigation Group is adept at working with experts in matters ranging from complex forensic investigation to causation and responsibility for environmental contamination to the cross-examination of experts of opposing parties. Our case experience spans numerous types of facilities such as petroleum distillate processing sites, refineries, chemical plants, landfills, gasoline service stations and metal fabrication facilities. Our lawyers also regularly represent clients in proceedings involving tort and contract claims related to contaminated land.

On a local, regional and national basis, Eckert Seamans has defended lawsuits arising from exposure to numerous substances, including:

• Prescription and OTC medications
• Asbestos
• Benzene
• Silica
• Isocyanates
• Polychlorinated biphenyls (PCBs)
• Organic solvents
• Formaldehyde
• Pesticides
• Contaminated groundwater

These lawsuits have involved diverse circumstances of exposure and a wide variety of medical conditions and diseases including restrictive and obstructive lung diseases, occupational asthma, muscle disorders, strokes, cancers of various types, dermatological problems, neurological dysfunctions, reproductive and genetic disorders, and claims of immune system suppression/alteration, disease phobia and the alleged need for medical monitoring.

Our attorneys counsel clients about how to reduce the risks associated with toxic/mass tort, and how to minimize the pitfalls of these claims in the event that they are brought. We bring a cost-effective approach to every case we handle. Early case evaluation, using both formal and informal discovery, allows us to provide a thoughtful analysis of litigation risks from the very commencement of a dispute. Our tort litigation attorneys are well known as problem-solvers who are committed to bringing lawsuits to prompt, cost-effective conclusions.

Product Liability

The White Plains office represents domestic and foreign manufacturers of diverse consumer and industrial products such as automobiles, buses, cables, game devices, media recording equipment, trucks, televisions and washing machines. The firm serves as lead trial counsel in national, regional and local counsel programs in defending product liability cases.

Our lawyers understand the nature of their relationship with in-house legal counsel. We understand that we are co-counsel to in-house counsel, and cases are litigated and tried pursuant to client guidelines and business realities.

Bankruptcy

Our attorneys have extensive experience in the representation of public and private clients, including secured and unsecured creditors, trustees, title insurers, issuers of surety bonds, creditors committees, debtors, purchasers of assets, landlords, executive employees and others in troubled company turnarounds, loan workouts, collections and bankruptcy proceedings. The firm is also proficient in representing such parties involved with restructurings in a non-bankruptcy setting, and has been recognized as a top law firm for bankruptcy/restructuring in Chambers USA’s America’s Leading Lawyers for Business.

We have the experience and knowledge to handle virtually any kind of bankruptcy or restructuring matter. We represent lenders and other creditors in debtor-in-possession financings, the purchase of debt and asset acquisitions from distressed entities and credit and business restructurings. An important part of our practice is structuring credit arrangements, acquisitions and other transactions to minimize the risks of bankruptcy, proposing and analyzing operational alternatives and advising clients of their remedies in bankruptcy, litigation and out-of-court matters.

Hospitality

The Hospitality Practice Group has extensive experience in matters involving the representation of real estate funds, lenders, owners, developers, franchisors and management companies. Our hospitality industry attorneys are frequently called upon to assist clients in transactions such as the acquisition and sale of hotel and resort properties; the development of joint venture, management and franchise agreements; public and private financing arrangements, international brand licensing agreements and drafting of franchise disclosure documents for domestic and international expansion of a variety of hospitality brands. We represent casino owners and operators, hotels, gaming equipment manufacturers, developers, underwriters, investment advisors, institutional investors, racetracks, internet and software development companies and numerous other companies required to be licensed for providing services and products to casinos.

Our hospitality industry clients include national hotel chains and franchisors, luxury resort operators and four star restaurateurs. The attorneys in our Hospitality practice understand the industry and are able to provide practical advice to clients whether regarding potential business transactions or existing disputes. We have assisted our clients in matters concerning top tier and limited service hotels, fractional ownership and time share properties, golf, tennis and ski facilities, four-star restaurants and restaurant chains. Our experience has been applied to both domestic and international properties.

Our Hospitality Practice Group also advise clients in the complex and highly regulated beverage alcohol industry. Our lawyers prepare importer, trademark license, manufacturing and other industry specific agreements. In addition, we represent clients in federal, state and international matters concerning the licensing, production, taxation, transportation, distribution, labeling, advertising and marketing of alcoholic beverages and non-beverage and industrial alcohol products. The group’s distribution practice represents manufacturer and supplier-tier companies in all aspects of alcohol beverage distribution. We advise companies on structuring distribution systems, distribution contracting, e-commerce and import/export issues.

Domestic and International Patent Prosecution

Eckert Seamans works with clients to develop commercially meaningful patent portfolios. Our practice benefits from our investment in understanding our clients’ businesses and technologies, including their research efforts, and their short-term and long-term goals. In addition, our substantial patent litigation experience enhances our prosecution, and our focus on crafting strong claims with heightened economic potential. This integrated, collaborative effort results in real-world value to our clients. We serve clients across industry sectors, but we have especially significant expertise in the medical and life sciences sector, telecommunications, computer technology and semiconductor design and fabrication.

Patent and Trade Secret Litigation

Our patent litigators combine mastery in trial advocacy, an in-depth knowledge of patent law, an aptitude for science and technology, and a focus on our clients’ business objectives. Our litigators have extensive experience litigating and trying large, complex patent cases in diverse technologies, including medical devices, pharmaceuticals, consumer products, software, and electronic engineering. We represent clients in enforcing their patents, defending against claims of patent infringement, and resolving disputes concerning inventorship and ownership of patents, in a broad range of industries. Eckert Seamans’ litigators have played a leading role in some of the most important high stakes cases in the field of patent law, including trying some of the seminal cases in pharmaceutical, Hatch-Waxman patent litigation.

Our lawyers have been sought as patent experts by financial analysts, and have acted as experts in patent malpractice and antitrust matters.

We begin formulating trial strategy even before the complaint is filed. Our attorneys are experienced in performing pre-litigation audits in large, multi-million dollar IP actions, determining the issues most likely to arise, and placing the case in the best position for litigation and trial.

We also have substantial experience in trade secret litigation, both asserting and defending against, trade secret misappropriation claims. With our technical and industry expertise, and knowledge of the intersection of patent and trade secret law, Eckert Seamans litigators are especially skilled advocates in trade secret cases.

Trademark and Copyright

The firm’s extensive domestic and international trademark practice – from securing trademark rights to policing and preventing trademark infringement to litigating trademark and unfair competition matters in the trademark office and the Courts – helps maintain and enhance trademark portfolios for national and international companies in the healthcare and life sciences industries. We provide counseling in trademark branding, protection, and enforcement. Our trademark attorneys are specifically attuned to the intricacies and particular issues associated with advertising and branding matters, and they combine this unique sensibility with a traditional trademark practice.

Our attorneys are experienced in securing copyright protection, licensing copyrights, and litigating cases on behalf of copyright owners as well as defending against claims of copyright infringement and misappropriation.

Risk Management

We apply our extensive courtroom experience to help clients reduce the risk of litigation and to minimize exposure to damages. Our attorneys provide in-house training and seminars on key IP issues. We advise on product development, recall campaigns, warnings and disclaimers, packaging design, document retention strategies, and safety engineering.

Due Diligence Investigations, Licensing and Other Transactional Matters

Eckert Seamans’ attorneys regularly conduct due diligence investigations in connection with transactional matters such as the sale, licensing, or financing of IP assets. In addition, our attorneys are experienced in the preparation of validity, patentability, and freedom to operate opinions. Other transactional efforts to monetize clients’ IP assets include developing licensing programs as well as negotiating clinical-trial and sponsored-research agreements. Also, we assist clients with selected regulatory matters and consulting on IP related issues arising before the Food and Drug Administration and the Federal Trade Commission.

Real Estate Finance

In the area of real estate finance, our clients rely on the expertise of our seasoned attorneys and our ability to efficiently structure, negotiate and close real estate finance transactions. The attorneys comprising the Eckert Seamans’ Real Estate Finance team have represented lenders and institutional investors on a national basis, handling real estate finance transactions involving diverse commercial property sectors.

Our attorneys have experience in financing transactions at every stage of the investment cycle, including permanent mortgages, bridge loans, mezzanine loans, construction loans and credit tenant lease financings, as well as participations and syndications among lenders. The investment vehicles that have been structured by our attorneys in such transactions include direct mortgage investment, mezzanine financing, and other forms of capital markets structured financings. The attorneys on our team have also represented clients in cross-collateralized loans and multi-state transactions, as well as conduit loan originations.

 
Railroad Litigation

Railroad industry litigation involves both unique equipment and a unique operating environment, where special legal rules and regulations apply. Our understanding of the interplay between the Federal regulations Federal Employees Liability Act (FELA) and state common law that we have successfully defended several of the country’s leading railroad companies. Our lawyers have successfully handled personal injury and property damage litigation arising out of incidents such as train/motor vehicle railroad grade crossing accidents, train to train collisions and toxic exposure. Most of these cases involve catastrophic injuries with substantial damages which make for high-stakes litigation. Our experience covers a broad spectrum from accident and pre-lawsuit investigations, to trial work, through appellate court arguments.