Our civil practice focuses on negligence, personal injury and employment disputes. With attorneys who routinely tackle a diverse range of situations in these areas, we provide the expertise, professionalism and exceptional service that sophisticated clients expect.
A firm that routinely tackles critical civil litigation concerns
Kopko & Violette represents clients in litigation and arbitration involving employment contracts and severance agreements, restrictive covenants, non-compete agreements and ERISA issues; and we vigorously protect the rights of victims involved in sexual harassment in the workplace.
In addition, our attorneys have broad experience representing companies and individuals in various types of commercial litigation; representing plaintiffs in personal injury claims and malpractice, lawsuits, and arbitrations.
Areas of Practice:
BUSINESS PARTNERSHIP & SHAREHOLDER DISPUTES
If a partnership dispute of any kind is threatening to disrupt or destroy your business, this firm’s dedicated lawyers are prepared to provide you with competent counsel through effective negotiations and fierce litigation.
Any aspect of commercial litigation can affect your business. However, a shareholder dispute can cause tension and unrest among shareholders and managers. Whether you require assistance regarding a contract dispute or partnership dispute, we are ready to counsel you.
Below are the types of shareholder dispute matters this firm’s attorneys commonly handle:
- Shareholder actions against executive management
- Breach of fiduciary duty
- Minority shareholder rights disputes
- Executive compensation disputes
- Shareholder appraisal rights
- Commercial litigation involving partnership and shareholder disputes
If negotiations regarding a shareholder or partnership agreement fail, litigation is your next option. This firm has extensive experience assisting clients by litigating a partnership or shareholder dispute.
BUSINESS TORTS
Counseling individuals and businesses throughout the Ithaca area
The Kopko Law Office is a successful and well-known New York law firm helping businesses falling prey to wrongdoing. The firm has the experience, skill and knowledge to reach successful verdicts for business law clients throughout upstate New York. In addition, the firm’s lawyers have a deep understanding of the law and provide clients with trusted guidance. If you require professional legal assistance resolving a dispute or filing a claim, we are here for you.
Whether you are just starting a business or are already a seasoned entrepreneur, you can benefit greatly from the counsel of a commercial litigation attorney. In addition to reviewing contracts and providing you with general business law advice, a business torts lawyer can help you with the following types of cases:
- Breach of contract
- Breach of fiduciary duty
- Licensing disputes
- Fraud and misappropriation claims
- Partnership disputes
- Shareholder disputes
- Lost business opportunities
- Insurance bad faith
- Business tort claims
CATASTROPHIC INJURY
When someone’s careless or reckless actions result in serious injuries, the victims deserve justice. Construction-site accidents, motor vehicle collisions, medical malpractice, and defective product malfunctions are common causes of catastrophic injuries. The experienced litigators at Kopko Law help victims pursue compensation for their medical costs, lost wages, long-term care, pain and suffering and emotional distress. Giving one-on-one attention, we pursue favorable outcomes based on our clients’ real needs.
In New York, a catastrophic injury is a personal injury that results in any of the following:
- Death
- Dismemberment
- Significant disfigurement
- Fracture
- Loss of a fetus
- Permanent loss of use of a body organ, member, function or system
- Permanent consequential limitation of use of a body organ or member
- Significant limitation of use of a body function or system
- A medically determined injury or impairment that prevents performing substantially all of the material acts constituting the person’s usual and customary daily activities for at least 90 days of the 180 days immediately following the injury or impairment
We are diligent in pursuit of compensation to cover the expenses of permanent disabilities such as paralysis, brain trauma, eye injuries, amputation, organ damage and severe burns. We also represent estates in wrongful death actions, seeking justice on behalf of families who have lost loved ones.
To prove that someone else is obligated to pay for your damages, including lost wages and medical care, it is necessary to establish their negligence. That means proving that they owed you a duty of care and breached that duty, resulting in your injury and its associated damages.
New York uses the “pure comparative negligence” rule to determine shares of liability for an accident’s damages. With this system, if a person injured in an accident is found to be a certain percentage at fault for the accident, the compensation they can collect is reduced by that percentage. When opposing counsel tries to put some or all of the blame on you, we use evidence and effective legal strategies to achieve a just apportionment of damages.
We are proud of our extensive record of favorable outcomes, having helped many clients and their family members secure much deserved compensation.
CIVIL RICO
A civil Racketeer Influenced and Corrupt Organizations (RICO) claim can be a potent litigation tool — but only if it is wielded correctly. Many civil RICO claims do not survive judicial scrutiny, let alone a motion to dismiss by the defendant. In fact, many civil RICO claims are dismissed early on for failing to meet the strict pleading requirements found in the RICO statute.
The accomplished attorneys at the Law Offices of Kopko & Violette are experienced with the intricacies of civil RICO litigation. To understand civil RICO claims, you first need to have an understanding of the RICO statute. Originally, the RICO Act was created to target the Mafia and other forms of organized crime. Today, civil RICO claims may be filed against businesses, corporations and political groups. Civil RICO law is highly complicated and thus requires a plaintiff to retain the services of an experienced New York civil lawyer.
COMMERCIAL LITIGATION
Complex commercial litigation requires the legal assistance and competence of a trusted law firm. The Law Offices of Kopko & Violette has a reputation throughout New York for being experienced, successful and skilled in handling all aspects of commercial litigation — from pre-litigation discussions to verdicts.
Over the course of its practice, the firm has acquired substantial knowledge about NY business law and can provide you with sound advice on a variety of corporate and commercial matters.
Commercial litigation refers to the various disputes that occur in the business world. Disagreements can range from partnership disputes to breach-of-contract disputes. Because commercial litigation matters can involve millions in capital and parties seeking legal action should consult with a dedicated civil attorney immediately. Below are some of the types of cases typically handled by a commercial litigation lawyer:
- Contract disputes
- Racketeer Influenced and Corrupt Organizations violations
- Business torts
- Partnership and shareholder disputes
- Misappropriation and fraud
- Securities litigation
- Corporate dissolution
CONTESTED/HIDDEN ASSET DIVORCES
High-net-worth divorces involve high financial stakes. Marital property in these cases may include lucrative businesses, trusts, luxury offshore properties, inherited wealth, and valuable artwork. While affluent individuals are adept at structuring their wealth for tax efficiency, they are not always prepared for the potential consequences of a contentious divorce.
Sometimes, one spouse has assets held in obscure offshore trusts, hidden crypto assets, or businesses that can suffer if the ownership structure changes.
To understand the unique complexities of high-net-worth divorce, it is key to know about all the different types of assets it may involve.
If you are the less affluent spouse, you must ensure you are not missing anything. Your estranged husband/wife may have been managing the family wealth, and perhaps you have little information about the marital assets you may be entitled to. On the other hand, the more affluent spouse needs to ensure they are protecting any assets they consider separate property and safeguarding the wealth with which they entered the marriage.
The matter of jurisdiction can add an extra layer of complexity as wealthy people often have multiple homes in different countries. Sometimes, they don’t have a single permanent home, and the issue of who gets to keep which home poses unique challenges to courts.
In New York because it is an equitable distribution state, courts have the power to determine what is a fair way to distribute assets rather than splitting the property acquired through the marriage equally.
We can help you design the best strategy to get what is rightfully yours in your divorce settlement, maintain your standard of living, protect your family wealth and the health of your businesses, and shield any assets that are your separate property.
CONTRACT DISPUTES
Contracts are an essential part of any type of business. When a contract is disputed, it can cripple a company’s profitability and daily operations. While negotiation is always an option, if it should fail, you need the assistance of a lawyer experienced in litigation.
In many cases, a contractual breach can be avoided by having a commercial litigation lawyer review the contract before you sign it. However, if you have already entered into a contract and you believe it has been breached by one or more parties, you can take civil action. Below are some of the issues that may lead to a breach of contract:
- Fraud
- Duress
- Legality of the contract
- Errors made by any signing party
CORPORATE DISSOLUTION
If your business is winding down, you must dissolve your corporation in order to stop paying future taxes and fees to the state of New York. In general, there are two types of corporate dissolution: voluntary dissolution, which is a fairly straightforward process, and involuntary or petitioned dissolution, which requires court intervention. Whether you’re facing voluntary or involuntary dissolution, the Law Offices of Kopko & Violette can help you avoid the potential pitfalls involved in dissolving your business and recommend a sound course of action that protects your best interests.
EMPLOYMENT CONTRACTS & SEVERENCE AGREEMENTS
The Law Offices Kopko & Violette advises clients about employment contracts and severance agreements. The firm’s experienced attorneys can review a contract or agreement, negotiate the terms of a contract or represent you in a contract-dispute matter. Kopko & Violette is prepared to fiercely protect your rights under an employment contract or severance agreement.
A severance agreement is an agreement made between an employer and employee regarding the terms and benefits the employee receives after separating from the services of the employer. Severance agreements can vary in complexity depending on your position at a company and the industry you work in. Below are some of the ways a New York employment lawyer can assist you with your severance agreement:
- ENSURE YOU RECEIVE MONEY OWED: If your employer owes you money for unused vacation time or unpaid expenses, an attorney can help you create a severance agreement that specifies when and how much money your former employer must pay you.
- EMPLOYEE BENEFITS: A NY attorney can also review your severance agreement to ensure that it details the benefits you will receive after leaving your employer.
- SEVERANCE PAYMENT: Are you already entitled to a severance payment? If so, your lawyer can ensure that by signing a severance agreement, you obtain more compensation than you are already entitled to receive.
EMPLOYMENT DISCRIMINATION & SEXUAL HARASSMENT
Many people believe that sexual harassment consists of blatant sexual and physical advances, but this is often not the case. Many victims report that the sexual harassment they experience is subtle yet pervasive. The Law Offices of Kopko & Violette is honored to fight on behalf of anyone who experiences discrimination or sexual harassment in the workplace. The firm’s employment discrimination lawyers have developed a reputation for providing aggressive and skilled representation.
EMPLOYMENT LITIGATION
If you are facing an employment law issue, you may be unsure of where to turn. You may not know your rights as an employee. The lawyers at the Law Office of Kopko & Violette are well-versed in all aspects of employment law. The firm can promptly assess your case and provide you with knowledgeable guidance.
Any type of work-related dispute can cause you to experience unnecessary stress and frustration. But if your employer is violating your rights, you may be able to take legal action. The Law Office of Kopko & Violette can assist you with the following matters:
- Employment discrimination and sexual harassment
- Employment contracts and severance agreements
- Restrictive covenants and noncompete agreements
- Additionally, the firm’s attorneys can assist you in reviewing and drafting contract agreements and fight for your best interests should you require assistance with an employment dispute matter.
GOVERNMENT DEPRIVATION OF CONSTITUTIONAL RIGHTS (CIVIL RIGHTS)
If a government official violates your constitutional rights, you may be able to recover compensation. However, filing a lawsuit against a government official or a municipal entity is not an easy matter. The Law Offices of Kopko & Violette have a deep understanding of constitutional law and know when and how a plaintiff may sue a government official who violates his or her rights. As skilled New York attorneys, the firm’s legal team has helped countless clients obtain compensation.
The qualified immunity doctrine protects government officials from liability for civil damages. The law was designed to allow government officials to perform their duties without fear of being sued. However, this does not mean that government officials cannot be sued.
To file a successful claim against a government official, you must satisfy the following two-part qualified immunity test:
- Was the law governing the official’s conduct clearly established?
- Under that law, could a reasonable officer have believed the conduct was lawful?
As the plaintiff, your job is to prove to the court that the official’s conduct was unreasonable. Your second goal is to show the court that the government official in question then violated your rights or deprived you of a clearly established constitutional right that a reasonable person would have known and understood. An experienced lawyer at Kopko & Violette can review your case and determine if you have enough evidence to purse a claim against a law enforcement officer or other government official.
LEGAL MALPRACTICE
Legal Malpractice is an area of law in which an attorney who has been hired to work for a client makes mistakes or fails to do what the attorney should have done. Legal malpractice can occur in any setting in which an attorney has represented a client. If you have been injured by the acts of an attorney, there is a remedy and that remedy is legal malpractice litigation, and the offices of Kopko & Violette have the knowledge and experience to assess your claim and advise you on whether or not a viable claim for legal malpractice exists.
MEDICAL or DENTAL MALPRACTICE
If you or a loved one was seriously injured because of a medical/dental procedure or medical/dental treatment, you may have suffered because of malpractice. As a professional and highly rated injury firm, the Law Offices of Kopko & Violette handles medical and dental malpractice cases in New York with the utmost care and attention to detail while aggressively pursuing damages on your behalf. When injury strikes your life because of the careless actions of another person or party, the firm’s reputable legal team is here to help you obtain just compensation.
MISAPPROPRIATION & FRAUD
Misappropriation is a form of theft that occurs in the business world. If someone in your business or partnership is abusing his or her fiduciary duty and misappropriating funds, you have a right to take legal action. Yet proving misappropriation or fraud can sometimes be an arduous task. The Law Offices of Kopko & Violette are dedicated to protecting the rights of individuals and businesses who fall prey to misappropriation and fraud.
In the business world, fraud occurs when one party uses deceit to steal from another. Whether you are a client or a partner, if you suspect you are the victim of fraud, we can help. The firm’s distinguished legal team is ready to act swiftly to protect your interests and assist you in filing a civil litigation claim. Following are a few common types of fraud the firm handles:
- Schemes involving bribery and corruption
- Financial statement fraud
- Asset misappropriation
NEGLIGENCE
The Law Offices of Kopko & Violette proudly offers unrivaled legal guidance to people suffering injury due to negligence. Negligence occurs in many forms and can cause injury or death. If you or someone you love sustains injury because of the careless actions of another person, the firm’s attorneys are ready to fiercely protect your rights and help you file a lawsuit to obtain just compensation.
Negligence is the basis for all personal injury lawsuits. Without the existence of negligence, a successful case is virtually impossible. This firm fights relentlessly to assist residents of New York in filing personal injury claims. In order for your case to be successful, you must be able to prove the following four basic elements of negligence:
- The defendant owed a duty to you, the plaintiff
- This duty was breached by the defendant when he or she failed to provide you a standard level of care
- The defendant’s negligent action was the cause of your injuries
- You suffered actual harm as a result of the defendant’s actions
PERSONAL INJURY
The Law Offices of Kopko & Violette is a premier personal injury law firm committed to providing persons with professional and aggressive advocacy. This office has assisted countless families with accident and personal injury matters and is frequently retained by leading members of our community.
This firm has extensive experience helping victims suffering from slip and falls, car collisions, catastrophic injuries and other types of accidents. Additionally, the firm has a deep understanding of personal injury law and knows the importance of moving your case forward as quickly as possible.
Below are the types of personal injury cases our office is known to handle:
- Catastrophic injury
- Negligence
- Medical Malpractice
- Wrongful death
- Premises liability
- Assault and battery
- Defamation
- Government deprivation of constitutional rights
Additionally, if someone you love has suffered a wrongful death accident in New York, you have the right to take legal action. The firm’s experienced team of personal injury lawyers works with you every step of the way to build a solid case against all responsible parties.
PREMISES LIABILITY
Slip-and-fall accidents make up a large portion of premises liability cases in New York. However, not all premises liability cases need to involve a slip-and-fall accident. Any type of unsafe property condition can cause serious injury to a guest or visitor. The Law Office of Kopko & Violette expertly handle these types of claims and the firm’s legal team recognizes the importance of acting promptly in helping injury victims file claims for compensation.
What separates the attorneys at Kopko & Violette from other injury lawyers in the area is their dedication to you, their client, and their skill in the courtroom. Over the years our lawyers have developed a well-earned reputation for being one of the most trusted law firms in Upstate New York. The firm’s experienced injury lawyers frequently assist clients with the following types of premises liability cases:
- Slip-and-fall accidents
- Elevator accidents
- Inadequate security lighting
- Dog and other animal bites
RESTRICTIVE COVENANTS & NON-COMPETE AGREEMENTS
It is common for employers to require employees to sign noncompete agreements or other restrictive covenants as a condition of employment. However, these agreements cannot be unlimited in their restrictions. The Law Offices of Kopko & Violette assists clients by reviewing noncompete agreements, negotiating the terms of noncompete agreements and entering fierce litigation when a restrictive covenant is unreasonable or unfair.
Contract agreement lawyers can explain to you that a noncompete agreement can make it difficult for you to find future employment. However, noncompete agreements do not always receive a favorable reception from the courts.
WRONGFUL DEATH
In its grossest form, negligence causes death. As a professional and highly rated injury firm, the Law Offices of Kopko & Violette handles wrongful death cases in New York with the utmost discretion and sensitivity. But the firm also pursues damages on behalf of your family aggressively and zealously. When tragedy strikes your family because of the careless actions of another person or party, the firm’s reputable legal team is here to help you obtain just compensation.