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Back ESTATE &TRUST ADMINISTRATION We work with family members who have been appointed trustee, executor or personal representative of their loved one’s estate, as well as professional fiduciaries (corporate trustees and professional guardians) who serve in that capacity. HOW WE CAN HELP: Advise trustees on legal aspects of trust administration Ensure that distributions are carried out according to the wishes of the grantor Navigate through the maze of rules and regulations Our level of involvement is different depending on the case: while some clients need only minimal guidance on their duties and legal obligation as personal representatives and trustees, others desire additional engagement from their attorneys. We will accommodate both types of demands for services. TRUST ADMINISTRATION Trust administration refers to the trustees’ management of trust property according to the trust document’s terms and for the benefit of the beneficiaries after the settlor’s death. Many steps are required to safeguard effective administration. It is recommended to work with an attorney to help facilitate the process for the trustees throughout the process. ESTATE ADMINISTRATION Whenever a person dies, his or her estate needs to be collected and managed. Estate administration involves gathering the assets of the estate, paying the decedent's debts, and distributing the remaining assets. Without a basic understanding of the estate administration process, the whole experience can be pretty overwhelming. We advise trustees on legal issues related to trust administration. With our knowledge, we offer our clients the tools they need to make difficult decisions and fulfill their fiduciary obligations to the beneficiaries. Having a properly drafted and funded trust may help you avoid the stressful and complex probate process. But even when the courts are not involved in overseeing the administration of a trust, the trustee nevertheless has many of the same responsibilities as a representative in probate proceedings. The trustee has a duty to appropriately administer the trust, which includes notifying trust beneficiaries, collecting and investing trust assets, paying debts, and addressing tax issues. Fulfilling these requirements often takes significant time, effort, and knowledge of law. At Buschkin Law Firm, we understand that many trustees have little experience serving as a fiduciary. Our goal is to make this process as simple as possible. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR ​ EMAIL US ‬ CALL US

Back Intracompany Transferee The L-1 visa permits a U.S. employer to transfer an employee with specialized knowledge relating to the organization’s interests or a manager/executive from one of its affiliated foreign offices to one of its offices in the United States. This classification also enables a foreign company which does not yet have an affiliated U.S. office to send a specialized knowledge employee or manager/executive to the United States to set one up. This classification also enables a foreign company which does not yet have an affiliated U.S. office to send a specialized knowledge employee or manager/executive to the United States to set one up. There are two types of L-1: L-1A for executives and managers L-1B for employees with specialized knowledge Benefits of an L-1 Visa No Quotas: No annual limits on the number of visas available to certain countries Fast Processing Times: Average processing time is between 3-6 months Premium Processing is also available by paying an additional fee of $2,500 USCIS is required to respond with 15 business days Family: Allowed to take their spouses and dependent children with them with the L-2 visa Work Authorization: Spouses are permitted to apply for work authorization to work for any US employer Tax Advantages: Non-immigrant visa holders are generally not taxed on worldwide income Transition to Green Card: The criteria for L-1A is similar to EB1C category for Multinational Managers or Executives Easier to become permanent residents Also considered a dual intent visa Requirements and eligibility QUALIFICATIONS ​ To receive either type of L-1 visa, both the employer and the employee need to meet the requirements detailed below: ​ ​ Doing business: Defined by the government Means the regular, systematic, and continuous provision of goods and/or services by a qualifying organization. Specialized knowledge: In organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or In the organization’s processes and procedures Executive capacity: The employee’s ability to make decisions of wide latitude without much oversight Managerial capacity: Ability of the employee to supervise and control the work of professional employees and to manage the organization Employee’s ability to manage an essential function of the organization at a high level New Offices: Employer has secured sufficient physical premises to house the new office Employee has been employed as an executive or manager for one continuous year in the three years preceding the filing of the petition The intended U.S. office will support an executive or managerial position within one year of the approval of the petition DOCUMENTS REQUIRED Application process Processing times and Period of Stay/Extension of Stay The L-1 category of visas process begins with a petition. In general, preparing an L-1 petition may take 1-2 months on the average depending on the responsiveness of the clients and the availability of required documents. The petition is then filed by USCIS. On the average, it could take USCIS between 3-6 months to decide on a petition, but with premium processing, USCIS could decide in as fast as 15 business days. Family and Transition to Green Card CAN I TAKE MY FAMILY TO THE UNITED STATES? ​ A successful L-1 applicant applying for a visa under L1 visa can take their spouse to the United States, as well as any dependent children under the age of 21. Spouses are eligible to apply for work authorization to work in the United States. They are not restricted to working in the same L-1 business as their spouse. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR ​ EMAIL US ‬ CALL US

Back Comprehensive Healthcare Surrogate Estate Planning Services We know how important it is to have a health care surrogate in place before the time comes when one is needed. WHAT IS A HEALTH CARE SURROGATE? A health care surrogate is a third party who has been named in advance to make medical decisions on your behalf if you are unable to make those decisions yourself. The term can also be used interchangeably with “health care advanced directives,” “advanced health care directives,” or “health care power of attorney.” When appointing a health care surrogate, it’s very important to choose someone who is attentive, trustworthy, familiar with your medical wishes in various health-related scenarios, and capable of making difficult medical decisions. WHY DO I NEED A HEALTH CARE SURROGATE? Emotions run high during times of medical emergency. Families often have strong feelings about what should happen to their loved ones. If you were to suddenly fall ill, a legal document naming your health care surrogate could help eliminate any confusion about who is responsible for making decisions about your medical care. This will spare your family members from arguing (and in some cases even going to court) over who should be tasked with making difficult decisions regarding your well-being. The written document appointing a health care surrogate is especially important when you have internal family conflict or if you are bypassing family members to appoint a non-family member or companion to serve as your health care surrogate. You may want someone to have access to your medical information immediately, even if you are fully able to make your own decisions. In this way, your surrogate can be fully informed of your medical condition if, at some point in time, the doctors determine that you are unable to make your own decisions for medical care. A properly drafted health care surrogate can add that provision. The final decision on care always remains with you unless the doctor states that you cannot make a decision. We can help you with your advanced health care directive, ensuring that your wishes will be honored in any eventuality. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR ​ EMAIL US ‬ CALL US

Back SELLING A FRANCHISE We will consult with you about the structure and, if desired, business aspects of your transaction. We'll prepare the selling agreements and other closing documents. We'll negotiate with your landlord, buyer's attorney and the franchiser to ensure that you get everything in order before signing on any dotted lines. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR ​ EMAIL US ‬ CALL US

Acerca de Back BUSINESS LITIGATION Business Law & Start-Up Law From the moment a business is formed, and throughout its life cycle, there are legal issues that must be addressed. Business law is not one area of law, but many areas that govern a company’s formation, operation, contracts, financing, intellectual property, securities and even insolvency. Businesses and their owners require legal advisors who understand their needs and can help them achieve their objectives, protect their assets and avoid common pitfalls. What we do WE KNOW THE INS AND OUT Our experience—on both sides of the courtroom—gives you a business litigation firm with this same type of insight into what lies ahead. At the core of our legal strategy is a track record for analyzing complex legal and business challenges and foreseeing their outcomes for our clients. WE DETECT PATTERNS Our firm is adept at connecting the dots among seemingly unrelated issues, spotting trends, and staying ahead of change in areas like electronic discovery, and international arbitration. ​ LEADERS IN COMPLEX COMMERCIAL LITIGATION Buschkin Law Firm represents clients in both trial and appellate levels and in arbitration. The complexity of commercial litigation requires seasoned commercial litigation attorneys. Our knowledge and experience in business and commercial law litigation has contributed to our record of success. ​ FIERCE NEGOTIATORS Our trial experience, ferocious negotiation, and laser-sharp persuasion skills give clients the necessary perspective to map out a strategy even before litigation is filed. This is how we obtain successful results if the litigation gets to the courtroom. Buschkin Law Firm's business litigation attorneys represent companies and individuals in any kind of commercial dispute. We help our clients implement measures to ensure that they do not become embroiled in disputes. If a litigation arises, we ensure that you are equipped with the resources, experience, and knowledge to reach a successful resolution. ​ COST-EFFECTIVE LITIGATION Successfully navigating commercial disputes and litigation or arbitration is integral to achieving your business objectives. Managing costs is a priority for many of our clients. That is why we help companies involved in commercial litigation or arbitration make decisions consistent with their goals. At Buschkin Law Firm we aggressively defend our clients’ interests in complex and multiparty litigation and arbitration. Throughout your dispute, we will work with you to pursue a course of action that defends your business interests while remaining cost-effective. ALTERNATIVE DISPUTE RESOLUTION Our focus on efficient dispute resolution means we always consider whether arbitration, mediation, facilitation, mini-trials or private judging is in the best interests of our clients. We have vast experience in negotiating mediated settlements in a variety of disputes across industries and legal practice areas. Our experienced arbitration practitioners are familiar with arbitration in both domestic and international forums. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR ​ EMAIL US ‬ CALL US

Back SPECIAL NEEDS Beneficiaries with disabilities and special needs require special consideration in your estate planning. With the right planning, you can protect your most vulnerable loved ones in the event of your incapacity or death. HOW WE CAN HELP YOU: Assist in applying for government benefits to pay for skilled nursing, long-term, and in-home care Protect your assets for you and your loved ones Navigate through the maze of rules and regulations Your estate plan must account for possible disability, even if no beneficiary has special needs at the time because we cannot predict the future. At Buschkin Law Firm, we will help you protect your most vulnerable loved ones who may require continuous care and support. The bequests and distributions can be planned in such a way that they will supplement rather than supersede the benefits a person might already be receiving. To ensure that the intended gifts benefit your loved ones and improve the quality of his or her life, we can assist you in setting up a Special Needs Trust. We help our clients explore their options for maximizing benefits for their heirs. With respect to clients or their beneficiaries with special needs, our services cover many areas, including: trust administration and trustee representation, specialized estate planning, special education advocacy, guardianships and conservatorships, public benefits, employment, and residential issues. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR ​ EMAIL US ‬ CALL US

Back Labor Condition Application The Labor Condition Application is a form that a sponsoring employer files with the Department of Labor on behalf of any H-1B employees that the employer may be hiring. It is often one of the first steps that a sponsoring employer must take when trying to hire an H-1B employee. Without an LCA, the employer cannot file the I-129 petition for the H-1B visa. LCA Attestations A well-prepared LCA contains four different attestations from the employer. The attestation is a factual statement supported with evidence. In fact, the U.S. Department of Labor requires employers to provide and maintain documentation supporting that the following four main labor conditions have been met: Application process To get an LCA, your employer needs to file an ETA 9035 with the Department of Labour long before the beginning of the H-1B filing window. This way, you can avoid the risk of having the two overlap, causing you to miss the filing window. If your H-1B LCA is denied, the DOL will provide you with the reasons for the denial in the notice. It is not likely that an LCA denial can be appealed or motioned, but this obstacle can be overcome by fixing these problems and refiling before the H-1B filing window in April. This is why it is important to obtain an LCA well before the start of the filing season. Processing times and Period of Stay/Extension of Stay The typical processing time is 7 days, but this can easily vary from case to case based on how busy the DOL is at the time, when dealing with bureaucracy, you have to factor in delays or high volume periods. The initial validity period for the H-1B Labour Condition Application is three years, just like the H-1B. Some factors that can shorten this are: Termination of H-1B status Strike or lockout at place of work. If an employer becomes H-1B dependent, this can have a negative impact on the LCA. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR ​ EMAIL US ‬ CALL US

Back Durable Power of Attorney Estate Planning Services If you were to suddenly find yourself incapacitated, a durable power of attorney would give a trusted person the ability to make some of those important decisions for you. WHAT IS A DURABLE POWER OF ATTORNEY? A durable power of attorney is the legal right granted by you to a third party to make financial decisions in your name if you become incapacitated. Of course, since this third party has so much legal authority in your name, it is extremely important that you appoint someone whom you can absolutely trust and who also possesses the ability to handle your legal and financial matters. WHY DO I NEED A DURABLE POWER OF ATTORNEY? No one ever wants to think that the worst will happen, but having a power of attorney can protect you if you were to become incapacitated due to an injury, stroke, illness, dementia, or Alzheimer’s. The person with power of attorney will be able to help you pay your bills, take care of your investments, and buy or sell real estate and other assets. This can ensure that you are still able to care for your family, even while you are unable to work. Buschkin Law Firm can help you legally draft a power of attorney. We will work closely with you to ensure that you are as protected as possible. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR ​ EMAIL US ‬ CALL US

Back REAL ESTATE The Power Of Experienced Litigators In matters of real estate litigation and title insurance claims, having well-informed, experienced real estate attorneys at your side gives you a distinct advantage. Buschkin Law Firm has substantial experience in every facet of real estate litigation, title insurance claims, and title defence litigation. Buschkin Law Firm understands real estate law and the intricacies of commercial and residential real estate transactions. Whether the solution to a dispute lies inside or outside the courtroom, we work diligently to advocate our client’s position and reduce their exposure. When litigation is unavoidable, we are by your side ready to bring our legal knowledge and expertise to bear, finding the solution that is best for you. Real estate litigation generally refers to any dispute arising from a real property interest. We advise and represent clients on all aspects of real estate litigation and contractual disputes and help clients evaluate the legal and business issues that impact real estate contracts. We have a great deal of experience in handling diverse and complex litigation and contractual disputes, and in achieving successful outcomes. General Real Estate Practice Buschkin Law Firm has technical skills and, equally important, a practical orientation regarding business advice, the structuring of transactions and contract negotiations. Our experience relates to a broad spectrum of real estate asset types, including equity, debt and leasehold interests, and various property types, including office, multi-family, condominiums, shopping centers, hotels, hospital and health care facilities, storage facilities, industrial and warehouse properties and mixed-use developments. We can help you in commercial and residential development, joint venture transactions, sales, acquisitions, construction and permanent financings, "big box" leasing and commercial office and retail leasing transactions. We also can help you with workouts, loan restructurings and asset acquisitions on behalf of lenders and borrowers, and in matters involving condominiums and cooperative housing corporations. ​ During times of market uncertainty and legislative change, the real estate sector offers significant opportunities for companies that can target and manage potential risks. Strategic legal counsel based on a clear-eye assessment of market realities can help owners, developers, and investors reap the rewards of a volatile market. Buschkin Law Firm provides comprehensive and fully integrated services, we advise on the full range of sophisticated real estate transactions and construction projects, with a strong focus on portfolio transactions, complex and alternative financings, large-scale development and redevelopment projects, and high-stakes dispute resolution. We offer cogent counsel on all aspects of real estate transactions, from acquisitions and financings to leasing and sales, and help clients navigate and comply with shifting environmental regulations. In addition, should a dispute arise, we vigorously litigate on our clients’ behalf. New York and New Jersey Residential Real Estate Attorney Real estate is an integral part of the economy in the New York Metro Area, there is a lot at stake in real estate transactions throughout New York and New Jersey . Our clients trust our services and rely on us to protect them at every stage of a transaction. If you plan to buy or sell a home or property in NYC or surrounding areas anytime soon, you will want to work with an experienced new York and New Jersey residential real estate lawyer. Hiring an attorney who specializes in New York and New Jersey real estate can protect your rights, make the process easier by ensuring that all contracts and documents meet legal requirements, and identify any potential problems with the agreement to prevent future legal complications. Buschkin Law Firm can help you in the following ways: We help you review and prepare all information related to your purchase. This involves interpreting real estate laws, regulations, and policies, as well as developing specific contracts and agreements. When buying or selling real estate, you will come across a lot of new information, and some of it may be confusing. A lawyer can help you understand the language of the real estate world, facilitate the transfer of titles and funds, ensure you meet your contractual agreements, and prevent you from facing surprises at closing. In addition to being knowledgeable about the real estate industry, Buschkin Law Firm can also help you feel secure in your specific investment. By entering a deal with legal representation, you’ll have a knowledgeable, skilled advocate who can identify any risks associated with this acquisition, protect your interests, and deliver the best possible outcome in your case. Buschkin Law Firm is not only valuable for our legal knowledge but also our negotiation skills, in and outside of the courtroom, we can help you during the deal-making process ensure you achieve a contract that minimizes risk and maximizes reward. What we offer Buschkin Law Firm handles complex and challenging matters for a wide array of clients, such as the owners, developers and financiers of the largest real estate projects, both in the private and public sectors. We are skilled in a broad spectrum of transactions that includes: Real estate finance Development Sales and acquisitions Land use and environmental matters Leasing Distressed asset workouts Real estate matters may require a range of services and present varied challenges. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR ​ EMAIL US ‬ CALL US

Back AREA DEVELOPMENT AGREEMENTS Area Development Agreements provide a special challenge: ​ What are the “criteria” that must be met in order to keep to the development schedule? What happens to existing locations if the remaining schedule is not met? Will they have protected areas and if so, what will they be? If a default occurs with respect to one of your units, will it affect your other (non-defaulting) units or not? Who will be obligated with respect to the Development Agreement and what will the extent of responsibility be? With our help, you can address all these and other issues in your Area Development Agreement. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR ​ EMAIL US ‬ CALL US

Back REAL ESTATE ASPECTS OF FRANCHISING With our help, you'll be able to find the perfect location for your business. We are an expert team that can easily analyze and negotiate any lease or sublet agreement. We will make you aware of clauses that can cost you money over the term of your lease; tax clauses, common area maintenance clauses, percentage increases, and percentage overage clauses. We will advise you of the ramifications of these provisions and help you negotiate them. We will ensure that your right to assign or sublet is not overly restrictive. What about lease guarantees and “good guy” guarantees? We can help you protect yourself in these areas. We will help you negotiate your “work letter,” your construction contract, and your construction (or acquisition) financing loan agreement. Dollars count. Let us help you to save them. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR ​ EMAIL US ‬ CALL US

Back PROBATE & PROBATE AVOIDANCE Protect your loved ones from the hardship of distributing your estate, or get help managing the estate of a loved one. HOW WE CAN HELP: Assist with the probate process to ease the burden on your loved ones Speed up the process for you, ensure that it’s done right the first time, and make sure that your application gets approved Navigate restrictions so that you qualify for all of the assistance you need When you or a loved one passes away, an estate’s transition, called probate, goes into effect. Usually, the family is responsible, alongside a probate attorney, for distributing probate assets. Probate can go smoothly if funds and wills were created and are accessible, but not all people prepare for it. Probate starts with submitting a last will and testament, if there is one, and then moves onto organizing assets and property into a catalog of inventory. Creditor, attorney, and court fees are paid first. Only then is the estate legally transferred to beneficiaries and heirs. We are here to help you plan to avoid probate or represent you in probate court. PROBATE ASSETS VS. NON-PROBATE ASSETS Probate assets include assets for which the deceased person was the sole owner or jointly owned assets which lacked provisions for automatic succession of ownership at death. Non-probate assets include jointly held property for which ownership includes the “right of survivorship.” In this situation, the surviving owner automatically owns the property when the other owner dies. We can help you avoid probate by creating a revocable living trust to plan for the management of your assets in the event of your incapacity or death. Avoiding probate with the help of a qualified attorney is especially important for high-net-worth individuals. Many jointly owned properties and certain types of bank accounts can be set up so that they will automatically be transferred to the person you wish to inherit them at your death. PROBATE AVOIDANCE Probate can be a lengthy process. Beneficiaries must wait until the process of paying back creditors during probate is completed to receive their inheritance. Financial costs are involved in commencing and administering a probate proceeding including filing court fees, the fees of the Personal Representative, and the fees of the attorney administering the estate. When a Will goes through probate, it becomes a public record. In contrast, Trusts can avoid the process of probate and remain private. It is always recommended to avoid ancillary probate for out-of-state real and tangible personal property owned. MAKE IT SIMPLE Legislation has made the probate process as painless as possible, but there are always hiccups along the way. We’ll take the stress out of it by helping when wills are challenged, documents are lost, or creditors get confused. The law can be confusing, especially in times of grief, and people might try to exploit your situation. We make sure that doesn’t happen and provide complete clarity about your affairs. We also make probate faster, so you pay less in court fees. We understand the loss of a loved one is difficult and painful. We never want you to put off your own care for lengthy, contested probate. We’re committed to supporting you and ensuring that the process goes as smoothly as possible. COMMON QUESTIONS HOW CAN I PLAN TO AVOID OR MINIMIZE PROBATE? The best way to ensure that your family won’t be tangled up in a costly and lengthy probate case is to have a fully funded, revocable living trust. Your living trust should be fully funded with your assets. Any assets that are still in your name will have to go through probate, so make sure that all of your assets are titled in your trust. WHAT IF THERE IS NO WILL? If a family member dies without leaving a will and there are significant assets or property that you believe you have a claim to, it would be wise to hire an estate administration attorney to protect your interests. If a person dies without a will and has no living family members closer than a first cousin, relatives who believe they have a claim will have to prove so in a kinship hearing. This is a lengthy process requiring multiple hearings, but with experienced attorneys on your team, you will be spared much of the difficulty. DO I NEED AN ATTORNEY FOR PROBATE? It’s recommended because the process is so formalistic, thorough, and complex, and you don’t want to expose yourself to liability. Contact If you are in the US or planning to come to the US and would like to schedule a consultation, let's connect. CLICK HERE TO SCHEDULE INITIAL CONSULTATION OR ​ EMAIL US ‬ CALL US