COMPLIANCE
Anti-Money Laundering
We regularly counsel clients on compliance with applicable statutes and regulations. The team’s services include conducting internal investigations of suspect activity and advising clients on related questions of self-reporting, as well as securing administrative rulings favorable to client positions. Additionally, we respond to regulatory or law enforcement investigations of client operations or customer conduct, update internal compliance programs to meet the changing requirements of regulators, address client questions implicating Currency Transaction or Suspicious Activity Reports, and advise clients on designing ‘know your customer’ due diligence programs meeting the dual goals of legal compliance and patron acceptance.
Gaming Licensing and Regulatory Compliance
With experience and depth of resources, our attorneys address issues related to compliance and required reporting, business ethics, corporate governance, as well as government investigations and regulatory actions. We have served as counsel to casino and gaming interests, led licensing efforts for public procurement and casino siting for a thoroughbred horse racing based racing, and conducted internal investigations for New York based racing and gaming operations.
Our attorneys have represented individual clients, consortiums and a Board of Directors of a publicly traded corporation before the New York State Racing and Wagering Board regarding licensing matters. We also represent clients in administrative and civil proceedings in the event that formal action has been taken, and we handle all stages of civil and criminal defense from the investigative and pretrial phases through trial and appeal. We also advise clients on compliance for sports betting, tracking its developing regulatory framework and monitoring updates on legislation, including sports betting on mobile phones.
We have successfully represented organizations and individuals in numerous matters before the Office of the State Inspector General (OSIG), Office of the Attorney General (OAG) and state agency regulators. This includes defending individuals and entities at all stages of OAG investigations, including high-profile cases. We have managed complex and burdensome subpoenas for documents and, in many cases, have helped companies negotiate agreements to avoid the formal subpoena process entirely.
Risk Management
Through preventative counseling, we help organizations establish policies and procedures to foster compliance, and endeavor to avoid governmental actions and keep inquiries out of the public eye. Not only can we help an organization stay in compliance with federal, state and local government regulations; but our attorneys and consulting professionals can help an organization protect its image and brand while under public scrutiny.
OPERATIONAL MATTERS
Corporate and Business Law
Our attorneys routinely handle contractual matters, proprietary rights, franchising and distributorships, sales contracts, stockholder agreements, antitrust matters and general business transactions. Harris Beach has represented a wide variety of U.S. and international companies in merger, acquisition and divestiture transactions.
Our transaction experience is in a broad spectrum of industries, including regulated industries such as racing and gaming, financial services and banking. We work with buyers, sellers, financial sources, and parties to joint ventures and strategic alliances in structuring transactions, protecting our clients’ interests and identifying capital, partners and advisors. Our transaction experience includes working with a major developer’s Special Gaming Counsel in the pursuit of out-of-state gambling operations. We also represented a client in connection with the acquisition of an out of state casino, including the requisite gaming licenses.
Financial Restructuring and Bankruptcy
Team members helped manage the financial restructuring of a closed race track into a financially viable, full-service race track, hotel and racino. This four-year representation involved dealing with many of the key players in the racing and gaming industry.
Immigration Law
Harris Beach offers comprehensive immigration legal services to help racing and gaming industry employers meet their specific needs while minimizing the inconvenience, delays, expense and potential liability related to immigration issues. We help clients navigate a complex regulatory and procedural maze to secure the following non-immigrant visas: H-2B visas for temporary nonagricultural services, or labor on a seasonal or intermittent basis such as trainers and groomers, TN for Canadian and Mexican professionals admitted under NAFTA, H-1B and E-3 for specialty occupations, L for intra-company transfers, B-1 for business purpose visitors and P for athletes and performers. We also assist clients in complying with electronic employment verification rules and I-9 auditing to ease their burden of examining documents to prove employee identity and employment authorization.
Intellectual Property Law
Our intellectual property attorneys have a proven track record of protecting the knowledge-based investments and brand value of numerous organizations in IP matters, including successfully taking cases to verdict in jury trials and achieving favorable settlements for clients. Our IP clients include racing and gaming industry developers and operators.
Labor and Employment Law
Harris Beach attorneys regularly advise management teams of private and public sector clients on personnel issues, hiring and firing, disciplinary matters and a broad range of other employment issues. We have handled all aspects of labor and employment law and litigation on behalf of management, including labor contract administration and arbitration, union organizing, collective bargaining, wage and hour issues, employment discrimination, employee benefits and personnel policies. The firm has extensive experience providing representation regarding collective bargaining, improper practice proceedings, strike injunction proceedings, grievance arbitration proceedings, employment discrimination and drug testing litigation.
Litigation
Our attorneys are committed to minimizing disruption and managing costs by efficiently resolving cases with a keen awareness of our clients’ legal, financial and organizational objectives. We have a robust team of seasoned trial lawyers with a strong track record of successfully taking cases to verdict or achieving favorable settlements. We regularly represent clients in everything from contract disputes to patent infringement claims. Our attorneys have extensive litigation experience in federal and New York state courts. This includes serving as outside counsel in regional off-track betting disputes for a number of years.
Tax Law
Harris Beach attorneys provide clients with the tax advice needed to run the day-to-day operations of their business as well as handle unusual tax transactions. We offer complete spectrum of representation on all aspects of federal, state, local and international tax law. Our attorneys guide planning to minimize tax costs. We also provide direct client representation in all types of civil or criminal actions involving taxing authorities and have successfully obtained private letter rulings from the Internal Revenue Service on behalf of our clients on matters relating to corporate tax issues.
PROJECT DEVELOPMENT
Commercial Real Estate
Our commercial real estate attorneys coordinate the interest of developers and municipalities and work effectively with construction teams to conclude projects in a timely and cost-effective manner. We help our clients balance their needs with those of the many constituencies affected by large development projects. We have represented a diverse array of clients who acquire, develop, finance and sell commercial, retail, office, industrial, hotel, golf course, mixed-use, restaurant and residential properties. Harris Beach attorneys work closely with the developer’s engineers to create a cohesive site plan to obtain approval from the municipality. After construction, we work with the municipality to satisfy all required conditions and address any operational issues. In addition to our experience in land use and zoning matters, we routinely appear before various zoning, planning and other municipal boards across the state.
Construction and Surety, and Bid Process
We represent owners, contractors, design professionals and sureties to minimize the impact of construction project disputes. Through experience with billions of dollars of public and private construction projects, we protect our clients’ interests beginning with the bidding and contracting phases through financing, zoning, permitting and contract administration to help keep their projects moving forward to their successful completion.
Financing Strategies
Harris Beach attorneys structure and negotiate financial transactions including securities offerings, venture capital, mezzanine financings, bond financings, and conventional institutional financings including construction loan financing transactions. Our attorneys also have extensive refinancing experience in restructuring equity investments in, or debt on, distressed properties. We handle transactions that include “equity kickers,” arrangements that allow for shared appreciation or equity conversion for financial restructuring and workouts.
Public Finance and Economic Development
Harris Beach attorneys facilitate identifying, securing and managing economic development and business tax incentive programs for our racing and gaming industry clients. This includes working closely with Industrial Development Agencies (IDAs) and Local Development Corporations (LDCs) who provide financial assistance to private entities through tax incentives.
Non-Legal Professional Services through our Subsidiaries
Harris Beach recognizes that client solutions often involve more than just legal needs. Our affiliated consulting subsidiaries, HB Cornerstone LLC and HB Solutions LLC, serve organizations in the public and private sectors and across numerous industries.
