• Arbitration and Alternative Dispute Resolution
• Corporate and Business
• Cross Border
• Estate and Trust Administration
• Estate Planning, Wills and Trusts
• Intellectual Property
• Marital Agreements
• Media and Entertainment

Arbitration and Alternative Dispute Resolution

The use of arbitrations, mediations and other modes of alternative dispute resolution ("ADR") have increased dramatically in recent years. Sidney D. Bluming has handled numerous arbitrations of disputes in a variety of fields, including international and domestic contracts, intellectual property, and accounting disputes. He has served as an arbitrator for over ten years, providing unique insights into the process.

BLUMING FREIMAN FRANCO, P.C. advises clients in structuring agreements and corporate ADR policies. In addition, Mr. Bluming is regularly asked by corporate litigants to mediate or adjudicate complex commercial disputes. In this area, as elsewhere, BLUMING FREIMAN FRANCO, P.C. is distinguished by its commitment to providing cost-effective legal services.

Recent notable cases include the representation of:

• a large foreign corporation in arbitration before the American Arbitration Association, regarding the violation of its patent rights and obligations under a terminated license agreement.
• a well-known sports figure in a proceeding against his licensee.
• a well known clothing retail franchise against its designers/franchiser.
• a United States sales representative in an ICC arbitration in Turin, Italy, against its Italian manufacturer/principal concerning the wrongful termination of its representation agreement.

Corporate and Business

The corporate department at BLUMING FREIMAN FRANCO, P.C. represents clients in numerous industries in the United States and abroad. Our clients include domestic and multinational corporations, established and emerging companies, entrepreneurial ventures, partnerships, limited liability companies, and moderate and high net worth individuals. Business clients include manufacturers, distributors, retailers, designers, consultants, software developers, corporate executives and entrepreneurs.

We offer a range of services to meet the varied needs of our clients. Regardless of the size of their businesses, company executives every day face myriad decisions, many with far reaching consequences. Even the most sophisticated and experienced business leaders can have difficulty understanding the legal ramifications of business decisions.

Working with a lawyer who understands not only a business, but also the underlying objectives of its leaders, is an essential component in successfully running a business in today's fast-paced and competitive environment. Partnering with an experienced business lawyer can assist companies in planning for the unexpected, seizing opportunities and safeguarding their interests. Executives can make informed decisions, understanding the risks and benefits to the bottom line, to the employees and to the company.

BLUMING FREIMAN FRANCO, P.C. has broad-based experience, providing clients with a combination of informed judgment and creative solutions. Our diverse transactional experience, knowledge-base and networking flexibility enable us to effectively and responsibly serve as general counsel to small companies or service large and complex deals.

Our services include entity formation, shareholder and operating agreements, daily operations, acquisitions and divestitures, corporate restructurings, mergers, employment issues, loan transactions, the financing of growth, real estate financing, commercial leasing, and dispute management.

Cross Border

Foreign nationals come to Bluming Freiman Franco directly or through our international network of colleagues, for many of the same services that we provide to our United States clients. We counsel them on a wide variety of business matters, including their business dealings and investments in this country, and we assist them in creating and administering local entities as vehicles for these matters. We may also develop contingency plans to preserve control of their United States assets for future generations in the event of some emergency at home. We advise them regarding the transfer of business interests, and the succession, either through wills, trusts or other transfer vehicles, of all United States assets. We represent foreign companies in cross-border transactions, including joint venture, distribution and licensing agreements, acquisitions and sales of business interests, and in dispute management and resolution. We also help our domestic clients align with counsel throughout the world to protect their global interests.

Estate and Trust Administration

Our attorneys handle the probate of wills and the appointment of administrators when there is no will. The approach we take in estate and trust administration is to educate executors, administrators and trustees about their tax, accounting, investment and other obligations, to counsel them, and to assist them in carrying out their duties.

Our attorneys utilize post-mortem tax planning techniques, provide income tax planning for estates and trusts, collect and transfer assets, prepare estate tax returns, and have extensive experience in representing clients before the Internal Revenue Service. We assist in the valuation, sale, liquidation or disposition of business, real estate, and other estate or trust assets.

We represent fiduciaries and beneficiaries in many proceedings in the Surrogate’s Courts, including probate and administration, fiduciary succession and resignation, accounting, right of election and declaration of death.

Estate Planning, Wills and Trusts

Our Estates and Trusts Department provides clients with sophisticated estate planning and will and trust drafting. The members of our Estates and Trusts Department have long-standing relationships with a diverse group of clients. Not only are we skilled in identifying and satisfying each clients’ unique planning needs in an efficient and cost-effective manner, but we are valued by our clients for the sensitivity we display in addressing personal and family issues and relationships.

Our approach to estate planning takes into account the minimization of tax (including income, estate, gift and generation-skipping tax), with an appreciation for the personal and practical aspects of each circumstance. The preparation of wills and other instruments is a culmination of a process of educating our clients, so that informed and thoughtful choices can be made, after exploring sensible alternatives for an individual and his or her family. Many clients have concerns with the protection of family members from creditors and with regard to matrimonial issues, and we have addressed these with various trust devices which are appropriate to the particular circumstance. Tax-saving strategies include gift-giving programs, the use of discounting devices such as family limited partnerships and limited liability companies, use of charitable gifting devices, and other techniques to take greatest advantage of available tax exemptions and exclusions. The planning process also includes a review of liquidity issues, various uses of life insurance, and an analysis of the tax and practical aspects of structuring pension benefits. We work closely with owners of businesses and other financial interests to accomplish the effective transfer of their businesses and interests to their heirs, or the liquidation of their interests. We are experienced in problems of disability and health care, and discuss the necessity of and prepare living wills, health care proxies and powers of attorney. Our objective is to create a plan that is tax wise, which takes into account the realistic needs of heirs, and which is sufficiently thoughtful to enable them to live comfortably with the plan.

Intellectual Property

Whether you are a corporate executive or an entrepreneur, a manufacturer, or a distributor, an artist, designer, "celebrity personality," or a programmer, you understand that the protection of intellectual property is a key business objective. Rapid changes in technology, increased competitiveness in the domestic and world economies, as well as the urgency to take products to market, mandate that businesses consider their intellectual property more closely than ever before. Protecting these assets can make the difference between success and failure in the business world. Licensing of rights has become a unique and highly effective generator of revenue, either as an adjunct to a core business, or as a primary business focus. Over 30 years of attorney experience in licensing makes us industry leaders.

At BLUMING FREIMAN FRANCO, P.C. we recognize the importance and impact of intellectual property. Clients can feel confident knowing that our approach to representation is based upon an understanding of their legal needs and underlying business objectives.
Copyright
Licensing and Other Transactions
Trademark

Copyright
BLUMING FREIMAN FRANCO, P.C. counsels clients on copyright issues, and negotiates licensing agreements. The firm has represented well-known entertainers, designers and authors.

Licensing and Other Transactions

Our clients have a wide variety of transactional needs regarding intellectual property, including the licensing, sale or collateralization of their assets. At BLUMING FREIMAN FRANCO, P.C., we are prepared to meet those needs, based upon our varied experience in handling both straightforward and complex transactions and disputes. Sidney D. Bluming has:

• Represented fashion and product designers, artists, entrepreneurs, personalities and corporate brand owners, as licensors, manufacturers, retailers, distributors and publishers as licensees, and licensing representatives.
• Licensed designer’s names, images and designs.
• Licensed characters and logos for merchandise spin-offs from product lines of fashion and entertainment entities.
• Licensed well-known entertainers’ use of their names and images.
• Negotiated confidentiality and non-disclosure agreements and trade secret licenses for consumer products.
• Licensed rights in book properties for movie and television use.
• Represented a major motion picture distributor in an action involving distribution of videos in Europe.

Trademark

BLUMING FREIMAN FRANCO, P.C.’s attorneys counsels clients on trademark and trade dress issues and we co-handle trademark filings.

Our trademark work includes trademark consultation, licensing and dispute management, as well as co-advising on the availability and strength of proposed trademarks and counseling on trademark enforcement and disputes.

Marital Agreements

Our attorneys are called upon to draft and negotiate or review and negotiate marital agreements, including prenuptial and postnuptial agreements. We are attuned to the sensitivities that arise between the parties to these agreements and strive to accomplish legal results without detriment to personal relationships.

Media and Entertainment

BLUMING FREIMAN FRANCO, P.C. is experienced in a broad range of issues that regularly present themselves to participants in the various segments of this industry. Sidney D. Bluming has advised and represented entertainers, publishers, internet companies, and production companies with regard to copyright, trademark, First Amendment issues, libel and slander, invasion of privacy, rights of privacy and publicity, access to public proceedings, and various other intellectual property matters. Clients have also called on our knowledge of the business of media for a variety of commercial matters, from traditional contract disputes and non-competition agreements as well as general commercial matters. The firm also co-counsels clients on copyright and trademark issues, as well as confidential disclosure and idea submission agreements, coordinates copyright and trademark registrations, and negotiates licensing agreements, acquisitions and dispositions.