Business disputes are inevitable. However, when the disputes involve an alleged occurrence of default on a monetary obligation, the stakes (and emotions) are incredibly high. The knowledgeable attorneys at FCWS have experience representing both sides of debtor-creditor disputes. We can help creditors pursue, and debtors defend, anticipating every possible move from the other side. Our unique perspective will help you fight your case — and win.

Non-compete agreements are standard in today’s highly mobile workforce. The problem is that employers often issue them without thoroughly vetting the provisions for enforcement, and employees sign them just as often without understanding the limitations for their future careers.

Fisher Cohen Waldman Shapiro, LLP helps employers draft their non-competes so they won’t get tossed by the courts for oppressive provisions. We also help employees properly negotiate their non-competes before signing so that they don’t jeopardize their careers. Even if you don’t reach out to us beforehand, we can still help if a conflict arises.

Many people think that they are protected from future personal liability once they form a corporation or establish an LLC. There is a lot more to it than that! Entity structure can be the difference between keeping your assets safe versus leaving them fully exposed. You must also address several tax considerations before you begin to operate.

FWCS will take the time to understand your business purpose(s) and your personal financial situation. Then, we will structure your business entities to allow you to focus on running your company and not worry about potential personal loss.

At FCWS, we believe that a proactive, engaged approach during a bank examination has a tangible and favorable impact on the outcome. Using our in-house expertise in bank general counsel, bank examination, compliance oversight, and all forms of lending, we are the liaison between bank management and examiners to help produce favorable results.

Once a bank examination is over and you’ve received the final report, additional work is often required to address the examiner’s findings. Our experience at Fisher Cohen Waldman Shapiro, LLP allows us to implement cost-effective, efficient solutions to handle all the concerns the regulators raised. We can also communicate with them in their language to ensure they understand that our solutions will satisfactorily address the problems noted in their examination.

As an independent bank competing in an enterprise-dominated industry, a strategic plan for your bank’s survival and growth is more important than ever in this hostile climate. With our experience as general bank counsel, former bank regulatory supervision, and bank lending and compliance personnel, we’ll develop a strategic plan to create your path to prosperity in three to five years.

Credit quality is the primary concern within every commercial bank. No matter how good your internal staff is, regulations and best practices dictate the need for an external review of policies, procedures, and the current credit strength of your portfolio.

Our team at FCWS includes all of the qualified personnel to assist you in that process. With experience as bank general counsel, government regulatory oversight, and bank credit, lending, and compliance, we are the right choice to help your bank establish sound practices and safeguard your loan portfolio.

Whether it is for liquidity reasons, safety and soundness issues, or simple business model changes, banks often need or want to package and sell part of their overall loan portfolio. At FCWS, our experience in bank debt structuring combined with our real estate and finance connections will help you properly package and sell various segments of your bank’s loan portfolio. No matter the motivation for sale, we can help ensure a compliant and financially-optimal transaction.

Not every distressed company that borrows money from a bank needs to liquidate to repay its loans. More often than not, owners can salvage their business by applying a comprehensive turnaround strategy overseen by people who have done it before.

FCWS has been doing turnaround work since 1988 before the term “turnaround work” existed. Our collective knowledge of the law, finance, and business allows us to work with a troubled company’s bank, clients, and vendors to create a path to exit the credit and continue to operate a sustainable entity.

When an individual or business entity owes you money and notifies you that they are filing for bankruptcy, it is easy to resign yourself to the idea that your money is lost.

The attorneys at FCWS have experience on the debtor side of bankruptcy, so our expertise on the “other side of the table” makes us a better choice for representation than a firm that only sees bankruptcies from one perspective. We know where to look, how to position yourself as a creditor, and how to actively engage in the creditor committee process to increase the likelihood of recapturing your lost revenue.

There is no worse feeling than being ordered to give back the money you were paid for products or services sold in good faith. Bankruptcies contain provisions for the trustee to “look back” at transactions before the filing and determine whether or not they were “preferred” payments potentially subject to reversal.

FCWS knows how to structure the argument and provide the documentation to prove your received payments are legitimate and not preferred so you can keep the money you are rightfully owed.

Just because a bankruptcy filing has taken place doesn’t mean that a debtor’s obligations or a creditor’s claims are now surrendered to the courts and the trustee. Before they can discharge the obligations, all parties need to go through a process and meet specific standards. FCWS has experience on both sides of the process and will help creditors contest a discharge or debtors defend the discharge.

• ERISA
• Employment Contracts Negotiation