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Practice
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Jeffrey Miller & Associates, P.C. prides itself on
its ability to provide its clients with sophisticated legal strategies
and personalized responsiveness. We will take appropriate measures to
provide the finest quality legal counseling available to produce
optimal resolutions.
Jeffrey Miller & Associates is a general practice
with experience in a number of distinct practice areas:
The Firm also handles many other commercial
matters, including the creation of S
Corporations, C
Corporations, Limited
Liability Companies (LLC) and other general
business needs.
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Alternative Dispute
Resolution (ADR)
Settling a dispute outside a courtroom, otherwise
known as ADR, provides high-quality
alternative services to creatively, efficiently and privately assist in
the resolution of appropriate issues. The ADR
practice includes arbitration, mediation, early neutral evaluation and
conciliation.
ADR is a proven strategy that reduces the costs and delays
often associated with traditional litigation. ADR
allows parties greater control of costs and outcomes, while avoiding
many of the risks, delays and costs of trials and litigation. The lower
costs, reduced court backlog and controlled schedules help reduce
professional and personal disruption and mitigate adversarial
environments.
In addition to working with clients on ADR, Jeffrey R. Miller, Esq. is also a pro bono
arbitrator for the Civil Court, Kings County, and Small Claims Part.
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Appellate Practice
Jeffrey Miller & Associates, P.C. has been
retained to handle numerous matters at both the Federal and State
appellate levels. The Appellate Practice Group advises clients on all
aspects of the appeals process. Our attorneys possess the experience to
meet the unique challenges of the litigation of appeals.
Above and beyond handling appeals that arise out
of litigation that the Firm is involved with from its inception, the
Jeffrey Miller & Associates, P.C. is often retained as appellate
counsel to defend or challenge a lower court decision obtained by other
counsel.
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Automobile Accidents & Insurance Claims
A car accident is a road traffic incident which
involves at least one road vehicle in a collision with another vehicle,
another road user, or a stationary roadside object, which may result in
injury or property damage. In most car accident cases, the key issue is
determining which driver is at fault. When a person is negligent, it
means that he or she has behaved in a thoughtless or ca;/’;lkllreless manner,
which has caused harm or injury to another person. Negligence may
consist of an action (such as running a red light or speeding), or by
inaction (like failing to yield, stop for a pedestrian, or turn on
lights when driving at night). Our lawyers are experienced in
representing persons who have been victims of the negligence of others
in car accidents.
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Business Disputes & General Consultation
This firm recognizes that business relationships
are complex and personal. Business litigation does not occur in a
vacuum – the process of litigation affects a business often as much as
the final result. When a business becomes involved in a lawsuit, its
attorneys take its unique circumstances into account and focus on
finding the best possible solutions to legal problems and disputes in
both a cost-effective and timely manner.
Business Law (also referred to as Commercial
Law) governs the transactions between businesses. This includes:
business formation, litigation, contracts, mergers and acquisitions,
commercial leasing, and consumer protection. Business law deals
primarily with the definition of rights and responsibilities, as
opposed to the enforcement of laws. Business law and commercial law
encompass several overlapping issues. The Uniform Commercial Code (UCC) is the primary governing authority for
commercial transactions. Our lawyers are experienced in forming
businesses and navigating them in the marketplace as they interact with
other businesses either through transactions and/or litigation.
Business Conflicts often involve ongoing
business relationships, involvement of executive or key personnel and
finance or market conditions that pose unique timing and business
considerations. We pay attention to the goals of our business clients
and will consult with you at every stage of your case to ensure that we
are meeting your needs. If your business is involved in a legal
dispute, do not hesitate to contact us.
Our experienced attorneys are highly skilled at
handling matters in the most common business litigation practice areas,
including the following:
- Disputes With Third Parties
- Contract
disputes
- Tortious interference
with existing or potential contracts and business
- Fraud
- Misrepresentation
- Deceptive trade
practice disputes
- Collections
- Real estate
disputes
- Internal Disputes
- Claims against
employees, directors, officers, managers and partners
- Non-compete
agreement litigation
- Trade secret
disputes
- Buy/sell
agreement disputes
- Non-compete
agreement disputes
- Arbitration
clause disputes
- Breach of
fiduciary duty claims
- Self dealing
claims
- Derivative
lawsuits
- Business
disparagement claims
- Dissolution
- Fraudulent Investment Related Claims
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Class Action
Jeffrey Miller & Associates, P.C. represents
clients in class action suits under state and federal laws. Class
action suits have become more prevalent over the past decade, as they
increase the potential exposure of every business that places products
in the stream of commerce or offer services to the public.
The firm’s Litigation Practice Group has
demonstrated a proven success rate in defending class action lawsuits.
Jeffrey Miller & Associates, P.C. has assembled a set of strategies
necessary for dealing with initial class certification and discovery
related to class issues. If class certification is granted, the Firm
has experience for effective class action management.
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Commercial & Business Litigation
Jeffrey Miller & Associates, P.C.’s Business & Litigation practice group
handles a broad array of disputes arising from breach of contracts,
disputes over management, and other lawsuits. The Firm’s attorneys and
support staff carefully create the response to defend its client’s
position, whether the issue calls for an aggressive offense or solid
defense.
Business Law (also referred to as Commercial
Law) governs the transactions between businesses. This includes:
business formation, litigation, contracts, mergers and acquisitions,
commercial leasing, and consumer protection. Business law deals
primarily with the definition of rights and responsibilities, as
opposed to the enforcement of laws. Business law and commercial law
encompass several overlapping issues. The Uniform Commercial Code (UCC) is the primary governing authority for
commercial transactions. Our lawyers are experienced in forming
businesses and navigating them in the marketplace as they interact with
other businesses either through transactions and/or litigation.
The Firm’s commercial trial attorneys handle a
variety of business tort claims including fraud, breach of contract,
premises liability, negligence deceptive trade practices, and related
claims.
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Consumer
Rights
Consumers are defined as individuals who purchase,
use, maintain, and dispose of products and services. Consumers are
users of the final product. Federal and state statutory laws govern
various practices such as credit transactions, inferior, adulterated,
hazardous or deceptively advertised products, and deceptive or
fraudulent sales practices. Our lawyers have represented individuals
and businesses in all aspects of consumer law.
The laws are designed to prevent businesses that
engage in fraud or specified unfair practices from gaining an advantage
over competitors and may provide additional protection for the weak and
those unable to take care of themselves. If you feel that you have been
the victim of an unscrupulous merchant, the attorneys at Jeffrey Miller
& Associates, P.C. are ready to help you find justice.
- Consumer rights are the rights
given to a consumer to protect him/her from being cheated by
salesman/manufacturer/shopkeeper.
- Consumer
protection laws are designed to ensure fair trade competition
and the free flow of truthful information in the marketplace.
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Contract Drafting
& Agreements
By hiring Jeffrey Miller & Associates to
negotiate, draft, and review your business contracts and agreements,
you can rest assured that the best interest of your company will always
take precedence in contracts initiated by you and that your company is
not being taken advantage of in contracts initiated by another party.
Your business can be armed with various types of contracts, including:
- Employment
agreements
- Confidentiality
agreements
- Intellectual
property licenses
- Trademarks
- Independent
contractor agreements
- Indemnification
agreements
- Vendor
agreements
- Sales terms and
conditions
- Manufacturing
& distribution agreements
- Operating
agreements
- Business
succession/buy-sell agreements
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Employment Discrimination
Employment Discrimination occurs when employers
adversely single out employees or applicants on the basis of: age,
race, gender, sex, sexual orientation, national origin, disability,
religion, or various other reasons. Federal and state statutes make up
most of the employment discrimination laws. Prohibited discriminatory
practices include: bias in hiring and firing, compensation, assignment,
or classification of employees, transfer, promotion, layoff, or recall,
job advertisements, recruitment, testing, use of company facilities,
training and apprenticeship programs, fringe benefits, pay, retirement
plans, and disability leave, retaliation, and various types of
harassment. Our lawyers are ready to help you if you believe that you
were the victim of employment discrimination.
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Employment Litigation & Fair Labor Practices
Wage and hour litigation brought under the Fair
Labor Standards Act (FLSA) has tripled in the
past few years. Our attorneys are prepared to represent companies and
individuals on a full range of employment law matters including
overtime, discrimination, family leave, and other personnel policies.
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Insurance &
Coverage
Jeffrey Miller & Associates, P.C. represents
individuals and corporations in pre-litigation, litigation, and
appellate matters related to the business of insurance. The practice group
offers a full range of services associated with insurance business
activities and transactions (i.e. claim supervision and resolution,
coverage analysis and general litigation).
Jeffrey Miller & Associates, P.C.’s insurance defense and coverage practice
group empowers our clients to substantially reduce their claims
exposure and overall litigation costs.
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Lemon Law & Auto
Dealer Fraud
Our attorneys are experienced in handling
complicated deceptive trade practices both as they relate to new as
well as used car purchases.
The Lemon Law (Magnuson-Moss Warranty Act)
was enacted in order to protect consumers who bought a defective
vehicle. New York has laws that protect purchasers of both new and used
vehicles. The New Car and Used Car Lemon Laws provide a legal remedy
for buyers or lessees of new and used cars that turn out to be lemons.
If your car does not conform to the terms of the written warranty and
the manufacturer or its authorized dealer is unable to repair the car
after a reasonable number of attempts, you may be entitled to a full
refund. If you suspect that your car is a lemon, call us to find out
how to enforce and protect your rights.
Auto Dealer Fraud Law refers to the many
fraudulent, deceptive and unlawful practices used by new and used car
dealerships during advertising, pricing negotiation,
and sales and financing of a vehicle. These fraudulent practices can
occur during almost any stage of the vehicle purchasing process. Cases
handled by our firm have included issues relating to:
- Bait and Switch,
a form of false or deceptive advertising, where the dealer
advertises a vehicle at an enticing price, but when the potential customer
comes into the dealership, says the advertised vehicle or deal is
no longer available and then pressures the customer to purchase a
more expensive vehicle, or the same vehicle at a higher price;
- Add-On
Concealment, where various optional add-ons are included in the
final sales price without disclosure;
- Vehicle Trade-In
Undervaluation, where the dealer purposefully undervalues or
underpays for a customer's trade-in vehicle;
- Negative
Equity/Vehicle Trade-In Overestimation, where the customer's
trade-in vehicle is worth less than the amount owed, but the
dealer misrepresents the value, deceptively elevating it to the
owed amount and often adds the difference to the new vehicle's
price;
- New Dealer
Returns, where the dealer misrepresents and sells a vehicle as
"new", when it was actually returned to the dealership
because of a defect or persistent mechanical problem;
- Failure to
Disclose a Salvaged or Flood-Damaged Vehicles (related to vehicle
title fraud), where a used vehicle is sold to the customer without
disclosing that the vehicle has incurred significant damage, been
designated as a salvaged vehicle pursuant to a car accident, or
has been flood-damaged;
- Odometer or
Mileage Rollback (related to vehicle title fraud), where a used
vehicle has had its odometer altered to conceal the vehicle's true
mileage;
- Certified Used
Vehicles, where certain manufacturers and dealerships implement
certified used vehicle programs that are supposed to guarantee
that the used vehicle is in good working order and free from major
structural damage, but then label unqualified vehicles as
"certified"; and
- Rewritten
Contracts/Backdating, where the customer does not qualify for the
financing terms of the originally agreed upon contract, so the
dealer has the customer return to sign a new contract with
different terms, but backdates the new contract with the date of
the original contract.
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Mechanic's & Materialman's
Liens
This firm represents: contractors, subcontractors,
suppliers, builders, property developers, homeowners, property owners,
engineers, design professionals, and others involved in construction
law disputes throughout New York.
This firm recognizes that with so many parties
involved in a construction project, it is not uncommon for contractors,
subcontractors, developers and property owners to become involved in
disputes. If you have become involved in a dispute over nonpayment of
construction services or goods – either as the party interested in
filing a lien or the party responsible for payment – we can vigorously
pursue the most favorable result on your behalf.
Mechanic's liens are frequently used to resolve
disputes for nonpayment of services and supplies. Mechanic’s Liens are
powerful tools for enforcing a subcontractor or contractor’s right to
payment for services and good rendered. However, the statutory
provisions of New York Lien Law are complex and without the proper
guidance can be difficult to navigate. In fact, non-compliance with the
statutory scheme can subject companies to triple damages or
relinquishment of your lien rights. Our attorneys handle the
preparation, filing and resolution of construction liens. Whether it's
through litigation or other means, our firm resolves mechanic's liens
efficiently and in our clients' best interests.
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Mergers, Acquisitions
& Buyouts
If you find yourself part of a merger,
acquisition, or buyout, you will want to ensure that your rights and
interests are fully represented and that there are no holes that will
leave you vulnerable to the other party. Jeffrey Miller &
Associates, P.C. provides several services to assist our clients in a
wide range of business transactions, including:
- Stock sales
& purchases
- Asset sales
& purchases
- Mergers
- Joint ventures
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Municipal & Administrative Law
Jeffrey Miller & Associates, P.C.’s administrative law practice group represents
clients in a broad range of matters relating to state agencies and
local governmental entities, including proceedings the New York City
Department of Consumer Affairs, The New York State Attorney General's
Office, The New York State Department of Motor Vehicles, the New York
Taxi and Limousine Commission and the New York State Education
Department Office of Professional Discipline. The experience of our
administrative law attorneys enables us to provide timely and
insightful advice to clients that deal with administrative and
licensing agencies.
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Personal Injury
Accidents happen. When they do, Jeffrey Miller
& Associates, P.C., is prepared to handle them. The Firm has
developed a solid representation within the legal community for
effectuating expeditious results on behalf of its clients in the most
cost-effective and expeditious manner.
When early resolutions are not possible, Jeffrey
Miller & Associates, P.C. is fully prepared to litigate the matter
to the most favorable result possible.
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Real Estate
Jeffrey Miller & Associates Real Estate
Practice represents real estate owners, developers, operators and
lenders throughout New York in all aspects of real estate acquisitions
and dispositions, and the ownership, development, financing, leasing,
management and operation of real property. Our clients include
investors, developers, financial institutions, full service real estate
operating companies as well as insurance companies. We routinely guide
and instruct our clients in all aspects of their transactions.
Our transactions involve every type of property,
including office, retail, industrial, residential, restaurants and
hotels. We have established an excellent reputation with our clients
for our use of innovative structures, restructuring techniques and
strategies. Our attorneys have years of Real Estate experience and are
able to provide efficient, economic and streamlined representation in
real estate transactions. The firm has an extensive and diverse
residential and commercial real estate practice that includes
representation of clients in connection with all facets of the
acquisition, disposition, financing, development, leasing and operation
of all types of real property.
- Real Estate
Finance Litigation
JMAPC uses their knowledge of financial analysis, valuation of
property and assets, deal and corporate structures, debt and
equity financing, and complex transactions related to the
commercial real estate industry, Jeffrey Miller & Associate’s
litigators represent financial services companies, developer
groups and investment entities in real estate finance litigation.
In court actions, arbitrations and mediations, JMPC’s
attorneys have represented clients with respect to asserting or
defending against claims of breach of contract or putative duties,
negligence and fraud and statutory causes of action.
- Real Estate
Construction Litigation
Our attorneys advise numerous construction industry clients,
including general contractors and sub-contractors, architects,
engineers, developers, owners, lenders and suppliers, on a wide
variety of business and litigation matters. In the construction
litigation area, we handle cases ranging from straightforward
mechanics' lien claims and payment disputes to highly complex
matters involving defects in commercial structures.
- Real Estate
Finance Litigation and Workout Group
The commercial real estate market has reached a crisis point.
Jeffrey Miller & Associates, PC effectively responds to the
crisis in the residential and commercial real estate industry.
Borrowers, developers, private lenders and investors are
scrambling to limit losses as loans come to term secured by
property and assets worth less than their original value, at a
scale "virtually unprecedented," according to a recent
report.
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Trademarks,
Copyrights & Trade Secrets
In today’s business and legal environment, it is
more important than ever to protect your company, your ideas and
brands. This firm recognizes that protecting your business helps it
grow and thrive in an increasingly competitive marketplace.
Our attorneys are experienced at recognizing and
handling different ways to protect your business including the
following:
- Trademarks,
which protect brand names, logos and slogans that help consumers
identify your unique products and services.
- Copyrights,
which protect artwork, logo designs, literary works, photographs,
music and other creative works.
- Intellectual
Property Ownership – Did you know that if someone has created your
logo or a design for your company, the likelihood is that you don’t
own it unless you have proper documentation in place? Make sure
you own it! Let us help you ensure you’re covered.
- A Trade Secret
is information that distinguishes your company from the
competition. Do you have any customer lists, pricing and other business-related
information that you want kept confidential? Let us help you
achieve this goal.
You put time, effort
and money into making your business successful. Please contact us to
find out how to keep it that way.
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Traffic Law & Moving Violations
Traffic Law relates to an area known as
"Moving Violations", including infractions such as speeding,
running a red light and failing to signal a turn. Traffic tickets are
not only time consuming, but can be costly and have serious
implications on your driving record and insurance rates. Additionally,
a reckless driving summons is a misdemeanor charge which can result in
five points on your driver's license upon conviction. Traffic law, and
particularly the ability to plea bargain, varies among states, counties
and cities and our lawyers are experienced in defending against these
matters and can help you limit the effects of a moving violation or
ticket.
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