
Search Results
Search this site
52 résultats trouvés avec une recherche vide
- About | BUSCHKIN LAW FIRM
About Principal Attorney Samuil Buschkin I come from a diverse background in customer-facing industries, which has shaped my approach to legal representation. I prioritize clear communication and strong working relationships with all my clients. I recognize that legal issues are often deeply personal, and I am committed to providing not only skilled advocacy but also practical solutions that are tailored to the unique needs of each client. Being an immigrant three times over, I have firsthand insight into the challenges individuals face when navigating new legal and business landscapes. Raised in a community of entrepreneurs, I gained a deep understanding of the complexities involved in running a business. This background makes me a trusted advisor to business owners seeking legal guidance. My practice areas include business law, divorce and family law, real estate transactions, and general counsel services, focusing on strategic planning and protecting my clients’ financial and personal interests. Real estate is a critical sector of the U.S. economy and often intersects with business and family law. Whether I am assisting with business formation, handling complex divorces involving significant assets, or guiding clients through real estate transactions, I offer comprehensive legal support backed by my experience and a strong professional network. Being fluent in French, Italian, Russian, German, and Spanish, I am well-equipped to serve a diverse clientele and provide legal services with cultural sensitivity and understanding. Samuil earned a degree in hospitality management from Hotel Institute Montreux and New Hampshire College and has experience operating retail businesses, car rentals, hospitality establishments and understands contractual problems, vendor relations, employment relations, franchising, real estate acquisitions and commercial leasing from both a business and legal perspective. Samuil is licensed in NY and NJ and is currently a member of the New York State Bar Association, the American Immigration Lawyers' Association, the New Jersey State Bar association, and the NK Association of Professional Mediators. He believes in the following maxim: Value is measured in results. For skilled legal counsel in business law, divorce, real estate, trust and estates, as well as general counsel services, you can contact me, Samuil Buschkin, for a consultation. Back 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
- Restaurant Law | BUSCHKIN LAW FIRM
Back RESTAURANT LAW The restaurant industry is an essential part of the economy in New York and New Jersey, if you own one or more restaurants in New York and New Jersey, you understand the complexity of state and federal laws governing the restaurant industry. Failure to stay in compliance with these regulations can result in your inability to operate your restaurant for a period of time, lawsuits, or even the closure of your restaurant, which is why a business law attorney knowledgeable in restaurant law at your side is essential. At Buschkin Law Firm, we understand the competitive and fast-paced nature of the restaurant industry in New York and New Jersey , we are prepared to help you navigate any legal issues that arise. We understand how time-consuming owning a restaurant is for our clients, we stay on top of all developing state and federal laws affecting business owners so our clients don’t have to do so. As long as the Food Safety Modernization Act and others are created and applied, we stay abreast of developments and advise our clients on the practical impact these laws will have on the restaurant business. FRANCHISING IN THE RESTAURANT INDUSTRY If you’re considering purchasing a restaurant franchise or would like to franchise your restaurant, working with an experienced attorney is essential. With Buschkin Law Firm on your side, you can rest assured that your personal and business interests will be represented and protected. We can help you draft your franchise or dealer agreement in a way that protects you and your investments. Our law firm can also help you resolve any legal disputes that may arise during the franchise process. We understand the unique pitfalls that can occur in the franchise industry. We use our experience to look for cutting-edge solutions for franchisees and dealers in the restaurant industry, both in and out of court. 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
- Real Estate Law | BUSCHKIN LAW FIRM
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
- Elder Care and Estate Planning | BUSCHKIN LAW FIRM
Back ELDER CARE AND ESTATE PLANNING Many years ago, planning for the future meant retirement and estate planning. In recent years, planning for the future has taken on new meaning. It now includes planning for long-term care. This change in society is a result of an aging population Living beyond the normal retirement age as a result of advanced medical care, better nutrition, and increased exercise. In order to address the needs of this new paradigm, families need to consider the cost of long-term care and how they are going to pay for it. Our services cover Wills and Trusts, Asset Protection, Special Needs Planning, Medicaid, Adult Guardianship, Probate, Estate and Trust Administration. Our dedication to the areas of Elder Law and Estate Planning is founded in our appreciation of life and family values. Our process is tailored to the needs of our clients and is always focused on what is important to you. It is designed to ensure that you have an estate plan that actually works and your experience with our process is pleasant and stress-free. We believe in creating value for our clients through compassionate and competent representation in every matter we undertake. WHY CHOOSE US? Estate planning and elder law issues are ultimately about family. Whether you want to protect your family after you are gone, ensure the best care for your aging parents, or enforce the wishes of a deceased loved one, you want to work with attorneys who understand that families can be complicated and that every client deserves their utmost respect and undivided attention. At Buschkin Law Firm, we are committed to providing your family with the best possible estate planning legal services. When you work with us, you can expect: Care and compassion. We relate to our clients on a personal level and are always completely honest, straightforward, and authentic in our interactions. Responsiveness. We are committed to answering questions and responding to clients’ needs as quickly as possible, but we also take the time to get to know each of our clients and their families so that we can find the solutions that work best for them. The comfort that our work brings to our clients and their families is the passion that drives us to provide results-driven legal services with a personal touch. Making decisions about what you want for your family members, your home, and your assets should you become debilitated or die is extremely difficult and intensely personal. You need to work with attorneys you can trust to thoroughly explain your options and address your concerns with compassion and empathy. We provide a level of personal attention that is unmatched, treating our clients with the utmost respect and concern. Buschkin Law Firm makes an effort to look at your entire life to help you build a plan or litigate an issue in a way that meets your personal goals. We do not see estate planning and elder law clients in terms of single transactions, but rather as an opportunity to build a long-term relationship. SERVICES ESTATE PLANNING Planning is the key in preserving your assets. We help clients design and implement strategies that provide for the administration and disposition of assets during your life and in the event of incapacity or death. Read More 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. Read More WILLS We can assist you with drafting a Will and help your family to safeguard the interests of your beneficiaries during the probate process. Read More 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 who serve in that capacity. Read More MEDICAID Long-term care can be financially devastating and deplete your life savings. We can help you create a plan that will allow you to stay in control of your life and protect your assets for the people you love. Read More ASSET PROTECTION Preserving wealth can be difficult. Your assets can be affected by legal risks that you and your loved ones might be exposed to. We can help with creating planning strategies designed to protect your individual assets. Read More PROBATE & PROBATE AVOIDANCE Protect your loved ones from the hardship of distributing your estate, or get help managing the estate of a loved one. Read More GUARDIANSHIP It’s always best to be prepared. Make tough times easier on your family by setting up advance directives. In an emergency, assign your own guardian. Read More 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
- Franchise Rule | BUSCHKIN LAW FIRM
Back FTC Franchise Rule The Franchise Rule gives prospective purchasers of franchises the material information they need in order to weigh the risks and benefits of such an investment. The Rule requires franchisors to provide all potential franchisees with a disclosure document containing 23 specific items of information about the offered franchise, its officers, and other franchisees. The Federal Trade Commission (FTC) Franchise Rule is a disclosure rule that requires a franchisor offering or selling a franchise located in the United States of America to provide the prospective franchisee with the relevant information about the franchise. Under Subpart B of the FTC Franchise Rule , the franchisor shall be in breach of the FTC Franchise Rule if it: (a) fails to furnish the prospective franchisee with the disclosure document fourteen calendar days before the prospective franchisee signs the franchise agreement or makes any payment in connection with the franchise; or (b) if the franchisor unilaterally modifies the terms and conditions of the franchise agreement without furnishing the prospective franchisee with a copy of the revised franchise agreement at least seven calendar days before the prospective franchisee signs the revised franchise agreement. According to Subpart C of the FTC Franchise Rule , along with other formalities established therein, the disclosure document the franchisor shall provide to the prospective franchisee must contain the following material information: - A cover letter indicating: (a) the franchisor's name, type of business organization, principal business address, telephone number, and, if applicable, email address and primary home page address; (b) a sample of the primary business trademark that the franchisee will use in its business; (c) a brief description of the franchised business; and (d) the total investment required to begin the operation of the franchise. - The following 23 items of disclosure information: (1) the franchisor and any parents, predecessors, and affiliates; (2) business experience; (3) litigation; (4) bankruptcy; (5) initial fees; (6) other fees; (7) estimated initial investment; (8) restrictions on sources of products and services; (9) franchisee's obligations; (10) financing; (11) franchisor's assistance, advertising, computer systems, and training; (12) territory; (13) trademarks; (14) patents, copyrights, and proprietary information; (15) obligation to participate in the actual operation of the franchise business; (16) restrictions on what the franchisee may sell; (17) renewal, termination, transfer, and dispute resolution; (18) public figures; (19) financial performance representations; (20) outlets and franchisee information; (21) financial statements; (22) contracts; and (23) receipts. Detailed information about each item may be consulted in Subpart C of the FTC Franchise Rule. Under Subpart E of the FTC Franchise Rule , seven exemptions apply to the FTC Franchise Rule. As of July 1, 2020, the following are the thresholds applicable to those exemptions from compliance with the FTC Franchise Rule: (a) Sales where the buyer pays less than $615 for the franchise. (b) Sales requiring a large investment where the franchisee pays at least $1,233,000, excluding the cost of unimproved land and any franchisor (or affiliate) financing; and (c) Sales to large entities, such as multi-unit franchisees, airports, hospitals, and universities that have been in business for at least five years and have a net worth of at least $6,165,500. 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
- Selling a Franchise
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
- Trusts | BUSCHKIN LAW FIRM
Back Trusts and Estate Planning Services We help you create a Trust for your specific needs and answer all your questions throughout the process. WHY DO I NEED A TRUST ATTORNEY? A trust attorney can set up the trust on your behalf and even serve as the trustee. Engaging an experienced elder law attorney for these functions can help you and your family avoid a long probate process, potentially pay lower estate taxes, and allow you to retain control over when your beneficiaries receive an inheritance. BENEFITS OF A LIVING TRUST Unlike a will, a living trust does not go through probate, an often-lengthy legal process. That means that your assets may be disbursed to your heirs in a matter of weeks rather than months or years. Establishing a living trust also prevents the substantial court costs associated with probate. This type of document also allows you to retain privacy: while a will is a public record, the assets are distributed privately. 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
- Business Litigation | BUSCHKIN LAW FIRM
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
- LCA | BUSCHKIN LAW FIRM
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
- Franchisee Associations
Back FRANCHISEE ASSOCIATIONS As your trusted consultant, we will help you form an association that reflects the needs and preferences of those it serves. We'll prepare bylaws so it can be established in a timely manner, then get down to business with programs/agendas designed just for this type or purpose. We will review your existing franchise agreement (or new and amended), negotiate potential modifications with the franchiser. If you have other issues that cannot be resolved through negotiations, we can engage in mediation arbitration or litigation as appropriate for this type of situation. 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
- Living Wills | BUSCHKIN LAW FIRM
Back Comprehensive Living Wills & Estate Planning Services Having peace of mind today sometimes requires planning for the future, we know how important it is to be prepared for any scenario. WHAT IS A LIVING WILL? A living will is a legal document that you sign, giving your doctors, family members, and loved ones instructions on the type of medical care you would like to receive if you are unable to communicate. Your living will can specify which life-prolonging procedures you agree to ahead of time, as well as those you do not consent to. Be sure to discuss your living will with your healthcare provider, as he or she can offer valuable insight into the details that may be necessary to include. Your religious beliefs may affect your final instructions and you should take time to discuss the drafting of a living will with your clergy so your living will reflect your religious beliefs. WHY DO I NEED A LIVING WILL? Sometimes injuries and illnesses leave people incapacitated and unable to communicate their end-of-life wishes. This can create a stressful situation for loved ones who must try to guess what the person’s wishes might be, and sometimes they will make decisions based on emotions rather than what their loved one would want. By drafting a living will, you remove all uncertainty about your end-of-life preferences and the sense of guilt your health care surrogate may have if there was no written living will. A written living will ensure that you will be treated the way you choose while also alleviating responsibility from the people closest to you. Your living will is not just about your care, it is also for the benefit of your loved one who will have to make that difficult end-of-life decision for you. A living will give them peace of mind as well. Whether you would like advice about drafting your living will appointing a power of attorney, managing trusts, or estate planning, contact us today to set up a consultation. 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
