Samuelson Law is a b2b boutique law firm that focuses upon handling commercial real estate and technology transactions, business bankruptcies, and related litigation. Its niche is combining its practice areas to restructure distressed commercial real estate and LLC's, including workouts, recapitalizations, bankruptcies, sale-leasebacks, and “business divorces” and other types of business break-ups and dissolutions, including handling any litigation associated therewith.
This firm’s real estate and bankruptcy work includes (a) in the good times - acquisitions, joint development agreements and easements, leases (including air rights, ground, interior space, tower, rooftop, and governmental leases), subleases and licenses, and financing structures; and (b) in the bad times - workouts, foreclosures, landlord/tenant renegotiations and evictions, bankruptcies (including single asset real estate and Chapter 11’s), and LLC member disputes. Its clients are primarily real estate developers, small businesses (including franchisees), investors, non-profits, trade associations, health care providers, and tech start-ups.
This firm's technology work includes forming LLCs and negotiating joint development, teaming, subcontract, licensing, employment, non-compete, confidentiality, and outsourcing agreements.
Its philosophy is to try to resolve bankruptcies and disputes, as much as possible, amicably through negotiations, from a long-term planning point of view. However, Ken Samuelson was an Assistant Attorney General. This firm litigates as and when necessary and appropriate whenever such negotiations fail.
Ken has over 30 years of experience as lead counsel, including representing various Fortune 500 companies and government agencies, as well as start-ups and small businesses.
Ken has been elected to various professional honor societies and councils, and received several professional designations, as shown by the badges on this website and in Who's Who in American Law. He was a member of the governing Council of the Real Property, Probate and Trust Law Section, of the American Bar Association, and Co-chair of its Technology Committee, for years. He has authored numerous articles and presented numerous programs, including before the Harvard Business School Club of Washington, D.C., the American Inns of Court, and the American Bar Association. Ken's latest presentation was a discussion of "Certain Pretrial Motions" before the Litigation Counsel of America, in November 2018, at the Harvard Club of New York City.
Samuelson Law is a virtual, networked law firm, which means that (a) EACH OF ITS ADDRESSES IS ONLY A MAIL BOX, AND ALL WORK IS PERFORMED AT A HOME/OFFICE OR IN CONTRACT OFFICE SPACE; and (b) it teams with colleagues from other law firms (most of whom are or were similarly-situated former partners of large law firms) with whom Ken has worked over the years, when and as needed for depth or specialization.
Ken has been rated "AV Preeminent" (the highest rating), for each of the past 20 years, by Martindale-Hubbell and has been listed in “Super Lawyers” for the past 5 years.
Samuelson Law handles certain matters on a fixed fee or partially contingent fee basis, and accepts VISA and MasterCard.
Issues Samuelson Law is currently working on: (a) in commercial real estate and bankruptcies – whether lenders or landlords have implied duties to mitigate their damages, whether covenants of a commercial lease are always independent despite the landlord’s gross misconduct causing the tenant’s breach, whether a government may condemn a property to make way for a commercial redevelopment that includes badly-needed subsidized housing, implementing cramdowns in bankruptcy single asset real estate cases, and the role of non-managing members in LLC bankruptcies; and (b) in technology transactions – whether out-lawing covenants not to compete, confidentiality agreements, no poaching agreements, etc. encourages silos and discourages collaboration, especially for start-ups.