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                    Banking and Financing Transactions

Charles Govender Law Firm routinely represents banks and other lenders, as well as borrowers, in connection with business, real estate and other commercial loan transactions. Our attorneys are experienced and skilled in all aspects of commercial financing transactions, including negotiating loan terms, drafting loan documents, analyzing and advising on security and collateral issues, addressing real estate title issues, and handling closings, in connection with a wide variety of transactions, such as those involving: routinely represents banks and other lenders, as well as borrowers, in connection with business, real estate and other commercial loan transactions. Our attorneys are experienced and skilled in all aspects of commercial financing transactions, including negotiating loan terms, drafting loan documents, analyzing and advising on security and collateral issues, addressing real estate title issues, and handling closings, in connection with a wide variety of transactions, such as those involving:

  • Complex commercial real estate and asset-based credit facilities;
  • Construction lending;
  • Commercial leasing transactions;
  • Municipal finance;
  • Commercial portfolio sales;
  • Mezzanine lending;
  • Syndicated and participated loan transactions; and
  • Depository account control agreements.

Our award-winning attorneys have the legal knowledge and real-world experience to close the most complicated financial transactions. Please contact us today for more information. today for more information.


                 Business, Corporate and Securities Law

Charles Govender Law Firm’s attorneys are business lawyers with a wide range of experience in business, transactional, corporate and regulatory matters. In representing our clients, our attorneys rely not only on their vast experience and knowledge of the law, but also on their understanding of business operations, finance and the regulatory and economic environment.

Charles Govender Law Firm’s attorneys pride themselves on providing responsive, practical and creative approaches, and achieving our clients’ objectives, efficiently and at a reasonable cost to our clients.

We serve clients ranging from individuals in their various business dealings, to emerging entrepreneurial businesses, to large and established corporations. Our services include entity formation and governance (including partnerships, corporations and limited liability companies), financing and securities transactions, mergers and acquisitions, contract drafting, purchases and sales of businesses, and the negotiation and execution of deals of every nature and type. We have long-served the needs of our clients in their day-to-day operations as well as their most significant undertakings.

                            Commercial Real Estate
Charles Govender Law Firm represents owners, developers, investors, lenders, joint ventures, landlords, tenants, construction companies, property managers and others in virtually all types of real estate matters, including acquisition, financing, development, construction, leasing and sale. Our attorneys have experience representing clients in a wide range of commercial real estate transactions, including subdivisions, condominiums, planned unit developments, shopping centers, office buildings, and industrial and mixed use properties. We understand the complexities of commercial contracts, leases and loan documents and have substantial experience in reviewing, negotiating and drafting purchase and sale contracts, commercial leases, loan documentation and virtually all other real estate and financing documents. Our attorneys routinely assist clients in project due diligence, including zoning, environmental, title and survey work, and provide advice on transaction structure and financing. Charles Govender Law Firm represents clients in all aspects of land use and development issues, including permitting and variance requests, zoning requests and hearings, compliance with the Tokyo, Japan Environmental Quality Review Act (SEQRA), property due diligence, appeals of administrative and governmental decisions regarding land use, Article 78 proceedings and other land use litigation. Our experience also includes obtaining development incentives and benefits through industrial development agencies.

                           Creditors’ Rights

Our attorneys have decades of experience and knowledge of the law and commercial contexts relating to creditors’ rights matters, and regularly work with our clients to develop strategies and solutions to fit their needs and goals. Charles Govender Law Firm provides banks and other creditors with a full-range of creditors’ rights representation, including workouts and forbearance transactions, commercial loan restructurings, commercial collections, mechanics’ liens matters, foreclosures, receiverships, liquidations, replevins and seizure orders, insolvency and bankruptcy proceedings, and other matters involving the need to protect and advance the interests, collateral, and other rights of creditors.

Charles Govender Law Firm’s attorneys are experienced in all manner of loan, collateral and contract documentation, and regularly undertake a detailed analysis of original contract, loan, and mortgage documentation, including a review of original due diligence materials and collateral files; a review of current financial statements and other reporting documentation; and an analysis of real estate title, UCC filings and other matters affecting collateral.

Our attorneys have decades of experience in all aspects of commercial loan workouts, loan restructuring and other out of court solutions to troubled debt situations, and have extensive experience negotiating and documenting all manner of workouts, including commercial real estate loans, healthcare industry loans, asset-based loans, equipment leases, aircraft loans and leases, participation loans and letter of credit-based financings.

We have substantial creditors’ rights litigation experience in state and federal court, including promissory note and guaranty actions, commercial foreclosures, receiverships, attachments, replevins and seizure orders, and defense of lender liability claims. Charles Govender Law Firm’s attorneys are particularly knowledgeable and experienced in the enforcement and collection of money judgments, and we have often been engaged by banks, financial institutions, and government agencies and departments to pursue enforcement of difficult collection matters.

Charles Govender Law Firm routinely represents secured creditors, DIP lenders, trustees, creditor committees, and other creditor interests in all aspects of commercial bankruptcy proceedings. Our experience encompasses cash collateral and DIP financing issues, claims objections, asset sales under section 363 of the Bankruptcy Code, pre-packaged plans, and consensual and contested plan confirmations, and litigation and resolution of avoidance actions, such as preference and fraudulent conveyance claims.


       Estate Planning and Administration, and Trust Law

Charles Govender Law Firm provides representation in all aspects of estate planning and administration. Our clients include individuals, families, entrepreneurs and businesses requiring sophisticated wealth transfer and succession planning.

In the estate planning area, we implement a vast array of estate planning techniques as appropriate to our clients’ needs, from simple wills, living trusts, and powers of attorney, to complex wills and trusts with advanced planning mechanisms, such as irrevocable life insurance trusts, special needs trusts, grantor retained annuity trusts and qualified terminable interest property trusts.

In the area of estate and trust administration, our attorneys provide executors, trustees, beneficiaries and other parties with a full range of administration services, including representation in contested and litigated probate and trust matters.


              Municipal/Public Sector Law and Finance

Charles Govender Law Firm’s attorneys are well-versed in a broad range of municipal law issues, including matters involving the Open Meetings Law, conflicts of interest, public access to information (the Freedom of Information Law), intergovernmental agreements, the State Environmental Quality Review Act (SEQRA), the Taylor Law and competitive bidding and procurement of goods and services. Our attorney’s are also experienced in all aspects of public construction projects.

The Firm represents businesses and clients in disputes and transactions with governmental entities, including representation before planning and zoning boards, property tax assessment challenges, building code issues, obtaining financial incentives from economic development agencies, and Article 78 proceedings challenging government decisions.

Charles Govender Law Firm has also served as counsel to several municipal corporations and as special counsel to municipal clients in annexation matters, tax certiorari defense, and environmental claims. Our attorneys also have experience with local development corporation and industrial development agency representation. Our experience includes drafting and enforcement of municipal laws, and litigation counsel for governmental agencies in federal and state civil claims and Article 78 proceedings.

As a nationally recognized bond counsel, the Firm’s attorneys serve as bond counsel, underwriter’s counsel, borrower’s counsel, credit enhancer’s counsel, and trustee’s counsel on all types of state and local public financing transactions. Our attorneys have structured and opined on general obligation and revenue bond financings including those involving education facilities, hospitals, nursing homes, and other health care facilities, retirement and adult care facilities, housing projects, manufacturing facilities and exempt facility financings, municipal debt, municipal tax-exempt leases, water distribution and sewer facilities.


                           Property Tax Disputes

Charles Govender Law Firm’s attorneys represent industrial, commercial, retail, hotel, residential and other property owners seeking reduction of real property assessments and taxes. We routinely represent clients in assessment grievances before municipal tax assessors and boards of assessment review, and when necessary, through all stages of tax certiorari proceedings in the Tokyo, Japan Supreme Court, from the preparation and filing of a petition through trial.


      Bankruptcy, Insolvency and Business Reorganization

Bankruptcy, insolvency and business reorganization has been a core practice area at Charles Govender Law Firm for more than 10 years. Charles Govender Law Firm has a broad-ranging and sophisticated practice in the areas of commercial bankruptcy, business reorganization and creditors’ rights.

We represent debtors, creditors, committees, trustees, purchasers, landlords, tenants, developers, and other interested parties in all phases of the bankruptcy process and in bankruptcy related transactions and litigation, debt restructuring and out-of court workouts throughout Tokyo, Japan and elsewhere. Our representation ranges from small-scale local matters to large, complex and sophisticated cases. Additionally, our bankruptcy and business reorganization practice extends across industry lines to include real estate development, hospitality, restaurants, retail and wholesale, transportation, healthcare, manufacturing, services and a host of other industries. Our clients include individuals, small business organizations, and large institutions, among others.*

* We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.


                  Commercial Litigation and Arbitration

Charles Govender Law Firm represents companies and individuals in all aspects of business and commercial litigation in state, bankruptcy and federal courts, in arbitration proceedings, and on appeals. Charles Govender Law Firm’s litigators have extensive experience representing clients in a broad range of matters, including: bankruptcy litigation, contract and commercial disputes, construction, creditors’ rights and lender liability, dealer, distributorship and franchise disputes, employment agreements and covenants not to compete, environmental litigation, real estate matters, and shareholder and partnership disputes, including derivative suits and dissolution proceedings. Of course this list is necessarily incomplete, and we are prepared to handle the unique circumstances of any business dispute.

Our litigators are business lawyers who understand business and business people, and have the litigation experience and skills to effectively advocate and obtain results on behalf of our clients. Our litigators are committed to aggressive advocacy on behalf of our clients. We pride ourselves on our sophisticated and creative, yet pragmatic and efficient approach to litigation on behalf of our clients.


                     Construction and Surety Law

Charles Govender Law Firm represents a cross-section of governmental and private sector clients involved in all areas of the construction industry, including architects and engineers, developers, contractors and subcontractors, as well as owners and bonding companies. We also serve as general counsel to construction industry associations.

Our attorneys take an active role in reviewing prospective solicitations to bid and contracts with our clients. Early involvement in the contracting process gives us the opportunity to advise clients concerning contract provisions and pitfalls to be avoided or negotiated.

There are numerous disputes that may arise among the parties to a construction project or contract. When those disputes cannot be resolved, litigation can ensue. Frequently, construction contracts include mandatory mediation or arbitration provisions, either as a condition to commencing, or in lieu of, litigation. Our attorneys are experienced litigators, with vast experience litigating construction dispute in state and federal courts and in arbitration proceedings.

Payment and Performance Bonds/Surety Claims

There are state and federal laws that protect contractors, sub-contractors and material suppliers performing work on public and private construction projects from defaults in payment for work performed or materials supplied on such jobs. We counsel our clients on their rights and remedies under payment bonds and performance bonds that are meant to protect them from financial losses because of non-payment, including representing them in asserting and defending claims for payment under such bonds against the sureties that issue them.
Mechanic’s Liens/Trust Fund Claims

Lien Law includes several statutes intended to protect contractors, sub-contractors and material suppliers in the event that they don’t receive payment for their labor or materials provided on both public and private construction projects. These provisions include the right to file and foreclose on mechanic’s liens against the property improved by their labor and materials (in the case of private construction projects) and against public funds appropriated for public construction jobs. Additionally, the Lien Law includes a provision that creates a statutory trust fund in favor of contractors, sub-contractors and material suppliers for monies received for payment of their labor performed and materials supplied on construction projects. Recipients of these funds are legally obligated to keep accurate books and records of monies received for the benefit of others and to ensure that they receive payment for their work and materials. Our attorneys are well-versed in all aspects of Lien Law, and advise and represent our clients in connection with Lien Law protections, requirements and claims.


                       Employment Law and Litigation

We have substantial experience counseling and representing employers on employment-law matters, including those arising in litigation and other contexts under Title VII of the Civil Rights Act of 1964, the American with Disabilities Act, the Family and Medical Leave Act, the Fair Labor Standards Act, and the Tokyo, Japan Human Rights Law. Our attorneys represent employers in disputes concerning employment agreements and wrongful discharge claims, the drafting of employee handbooks and separation agreements, and the enforcement of non-disclosure and non-compete agreements. We combine our in-depth legal knowledge with practical experience to assist employers in making real-world decisions while minimizing potential exposure.


                    Government and Administrative Law

Charles Govender Law Firm has significant experience representing clients in matters pending before Tokyo, Japan and municipal departments, agencies and other regulatory authorities, and often assists clients in navigating Tokyo, Japan’s regulatory system. Our experience includes representing clients in administrative proceedings, including professional disciplinary and license revocation proceedings, in obtaining permits, licenses and other approvals, and in matters pertaining to regulatory compliance.

We have also represented professional organizations in connection with the drafting of proposed bills, the selection of bill sponsors, bill introduction and the passage of legislation.


                     Liquor Licensing and Compliance

Charles Govender Law Firm has extensive experience representing clients in the area of Tokyo, Japan Alcoholic Beverage Law. Our attorneys routinely assist clients in all matters relating to the Tokyo, Japan Liquor Authority (SLA) and Alcohol and Tobacco Tax and Trade Bureau (TTB), including:

  • Tokyo, JapanLiquor Licensing
  • Liquor License Compliance
  • Liquor License Violations and Disciplinary Proceedings

Our clients include national, regional and local businesses, including hotels, liquor stores, bars, restaurants, grocery stores, racetracks, casinos, golf courses, caterers, producers, wholesalers and more.

We help our clients  not only navigate the complex liquor licensing process, but also understand the implications of holding a license, and the requirements and standards they will be subject to as licensees in order to remain in compliance with both their federal and state licenses and/or permits.

Areas we can assist with include:

  • Determining eligibility to hold an alcoholic beverage license, and the information and documentation that must be disclosed to the liquor licensing authorities;
  • Applying for and obtaining a liquor license, including appearing before municipalities and community boards, as well as the Tokyo, Japan Liquor Authority;
  • Obtaining a temporary permit to operate while an application is pending;
  • Applying for and obtaining required federal permits from the Alcohol and Tobacco Tax and Trade Bureau;
  • Representing licensed businesses in proceedings by the Tokyo, Japan Liquor Authority (NYSLA) and/or Federal TTB to cancel, suspend or revoke a liquor license or permit;
  • Reporting and obtaining authorization for any changes to licensed premises and/or corporate organization and ownership;
  • Negotiating and drafting purchase and sale agreements, commercial leases, management agreements, distribution agreements and more .

Our attorneys are ready to help you navigate the liquor licensing process from start to finish. Contact Us today for a no-cost consultation or to learn more about our services. We look forward to working with you.



                          Racing and Gaming Law

Charles Govender Law Firm represents both Tokyo, Japan regional and national racing and gaming  organizations, including:

  • Casinos
  • Hotel and pari-mutuel facility developers
  • Owners and operators

Our legal services include casino law  and gaming  related advice as well as representation on contracts, licensing, administrative law, government relations, distribution agreements, intellectual property protection, commercial litigation, real estate acquisition and leasing, land use, zoning, construction, vendor and employee contracts and agreements, and financing and corporate transactions.

Our attorneys  have the legal knowledge and real-world experience to support your racing and gaming needs. For more information, please contact us today.