Practices

 

Practice Areas Bar & Restaurant Industry

Oved & Oved LLP represents some of the most exclusive, popular and trendy bars and restaurants in New York as well as neighborhood cafè's, coffee shops, trattorias and enotecas.

Brand Development
All successful bars and restaurants have a brand and marketing strategy that includes multi- media components over a range of platforms. Our attorneys' work with our clients as they devise the strategy that works best for them by structuring the deals that will maximize brand exposure and minimize associated risks. Our attorneys' experience in and familiarity with every platform enables them to navigate the legal and business hurdles that confront our clients as they consider their legal, business, marketing and promotion alternatives.

Business Formation
From the inception, our attorneys meet with the visionary entrepreneurs and advise them on the optimum choice of legal entity through which to own and operate their bar/restaurant. Whether through an S-corp., LLC, Limited Partnership, General Partnership or any combination of the foregoing, we routinely advise, counsel and instruct our client's on how best to proceed to achieve their objectives.

Deal Structure
We work with our clients in developing the specifics of each transaction and then painstakingly draft, define, refine and finalize this vision, often through countless drafts and negotiations, into an Operating Agreement or Shareholders Agreement that is true to both our client and the transaction. We handle all aspects of the investment in a bar/restaurant venture through preparation of the appropriate Investor Questionnaire, Subscription Agreements and other necessary and proper documentation, to insure the transaction's legitimacy.

Purchase, Sale or Transfer
Whether a client is purchasing an existing bar/restaurant, either as an asset sale or a stock purchase, or merely acquiring a minority or majority interest in a bar or restaurant, Oved & Oved LLP attorneys help guide these transactions through completion. We have successfully assisted our clients in the purchase, sale or transfer of bars and restaurants, or parts thereof, as well as arranging for the lawful and orderly transfer of any related liquor licenses.

Intellectual Property
A bar or restaurant's brand, trade name and trademark often develops a value independent of the bar or restaurant itself. Accordingly, our attorneys advise and instruct our clients on all aspects of their intellectual property. We have filed hundreds of marks on behalf of our client's in the United States and throughout the world as well as assisted our clients in drafting License Agreements for the license of their intellectual property and in enforcement actions, through the use of cease and desist letters and both state and federal litigation, in both Federal District Court as well the United States Trademark Trial and Appeals Board (TTAB), to preserve, protect and enforce our clients unique and valuable brands.

Lease and Purchase
We routinely represent bar and restaurant owners in the lease, purchase, sale or transfer of real estate. We have extensive experience representing such clients in the negotiation of commercial leases and real estate agreements, handling closings and the proper transfer of a liquor license between seller and purchaser or, in some instances, landlord and tenant, to allow for the operation of the business during such transitional phase.

Liquor License Law
Although the firm does not prepare and submit liquor license applications to the State Liquor Authority ("SLA") on behalf of our clients, our attorneys routinely work closely with these specialist attorneys on the purchase, sale or transfer of liquor licenses and assist in the defense of liquor licensees in all enforcement and litigation matters, including alleged violations of the New York State Liquor Law.

Employment Law
We regularly advise our bar and restaurant clients on all aspects of employment matters law which are unique to bars and restaurants, such as their various agreements with promoters, DJ's, hosts and hostesses in their contractual relationships as well as in all aspects of employment- related litigation, including unemployment compensation, wage discrimination, overtime pay (FLSA), civil rights/discrimination and wrongful termination, before all federal and state courts and administrative agencies.

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