Law Offices of H. Rajan Sharma, Esq.

About The Firm

We are a boutique law firm of representing businesses, investors and individuals in all aspects of civil and commercial litigation, business transactions and international law. The firm's practice is primarily in the area of complex civil litigation including business disputes and international litigation or arbitrations. The firm is also counsel to a number of leading corporations and high-technology businesses in the New York metropolitan area, ranging from software development companies to pharmaceutical manufacturers. 

Our philosophy is grounded in zealous advocacy of the client's interests, whether in the context of complex negotiations or in the courtroom.  We have combined the flexible fee arrangements and attentiveness to client's concerns of a small firm with the professional expertise and experience of a larger firm in order to maximize the quality of legal representation received by our clients. Through a combination of strategy, litigation and counseling, the firm has prevailed in advancing and protecting our client's interests in a number of difficult and challenging situations.

Since its inception, our firm has enjoyed great success and has continued to grow.  We have represented a large number of individual and business clients in the United States and throughout the world, including clients from the United Kingdom, Bangladesh, Greece and India, while meeting a remarkably wide range of legal needs. With unflinching tenacity and commitment to professional excellence, the firm has represented clients in a range of business or litigation contexts where it has obtained highly favorable results, both as plaintiff and on the defense. Please check this weblog regularly to stay informed on legal issues concerning intellectual property, complex litigation and corporate matters.

We are also committed to representing important social interests and causes through legal activism and litigation in the area of environmental and human rights law. As lead counsel or co-counsel in a number of high-profile matters, the firm has prevailed in litigation or arbitration against some of the largest corporate defendants, and law firms, in the United States.

We welcome you to the firm's official weblog and encourage you to explore many of the helpful materials and links included on these pages.  Please click on the "About" link on the left hand side of this page for a current resume of the firm's founder.

Litigation & Arbitration

The firm's practice focuses on complex civil litigation and arbitration, particularly of an international variety, including commercial litigation and arbitration of business disputes of all kinds including claims involving intellectual property, securities, antitrust and even some personal injury matters.  Whether for the plaintiff or on defense, we bring an unparalleled expertise and knowledge of the law to the service of our clients. 

In the field of litigation and arbitration, our firm has played a leading role in developing strategies tested in the furnace of precedent-setting litigation.   In both the trial and appellate courts, our firm has pushed the leading edge of case law development.   One of the few law firms to combine experience in international legal issues with the strategic litigation skills, we can manage and plan for risk, both in traditional cases of all kinds, and in emerging areas of uncertainty and change.

Our commercial litigation practice has earned the firm a reputation for excellence in complex litigation, particularly those involving cross-border or international legal issues, and recognition for its role in landmark cases involving such diverse fields as software licensing disputes, corporate control contests, intellectual property litigation and entertainment industry matters.  The firm's Litigation & Arbitration practice is the largest and most diverse practice area of the firm and provides representation in the following areas:

• Antitrust and trade regulation
• Banking
• Contracts
• Entertainment litigation

• Medical Malpractice

• International and domestic arbitration and ADR

• Bankruptcy-related litigation
• Corporate governance and derivative suits
• Environmental litigation and regulation
• Intellectual property litigation
• Real estate litigation
• Technology law and litigation including licensing and intellectual property matters

We have represented clients in virtually every type of case and forum, including large class actions, multi-district litigation, governmental regulatory and administrative actions, and smaller state and federal court actions.   The firm has enjoyed remarkable and unparalleled success in the Litigation & Arbitration practice that vindicates its reputation as a leader in this area of practice.

International Law

International disputes are increasing dramatically as businesses expand into foreign markets to compete in the global economy. Litigating across national borders is often legally complex and difficult to predict. It requires experience and legal training to coordinate and implement an effective litigation strategy.   The centerpiece of the firm's practice is its international legal practice including internationa litigation, arbitration and commercial law.

Our firm has nearly a decade of hard-earned experience in international law and litigation, has developed the experience and training necessary to handle the unique dimensions of international litigation and effectively represent clients in cross-border disputes, including:

• coordinating, managing and supervising all aspects of multijurisdictional litigation and international arbitration
• securing injunctive and other interim relief in the U.S. and in foreign jurisdictions
• dismissing cases filed in inconvenient or improper forums
• enforcing foreign judgments and arbitral awards in the U.S. and vice versa
• determining the most favorable applicable law and resolving conflicts between the laws of multiple interested jurisdictions
• obtaining evidence in foreign jurisdictions for use in U.S. forums and vice versa
• prosecuting or defending against claims in multijurisdictional litigation
• filing and litigating anti-suit injunctions
• selecting effective and capable foreign local counsel
• engaging effective industry and foreign law experts

International litigation is unrestricted in almost every sense — geographically, legally and linguistically — and is difficult to predict both substantively and procedurally. Through our experience, size and strategic expertise in this area, the firm helps a wide array of clients from all over the world effectively manage or prevent international and foreign disputes.

Our goal is to exert control over the international dispute process, assess the risks and provide solutions. We counsel and represent clients regarding potential international disputes before litigation is initiated. This includes tailoring specific arbitration and mediation clauses, selecting the best suitable forum and law, and protecting and enforcing intellectual property rights.

To effectively serve you throughout the world, the firm has developed and maintaned an extensive network of worldwide affiliations with foreign counsel and law firms, as well as other organizations that enable us to quickly find local, qualified legal assistance.

The firm is experienced in international litigation matters involving:

• Act of State Doctrine
• administrative challenges abroad
• Alien Tort Claims Act
• anti-suit injunctions
• arbitration
• bank interventions by foreign regulators
• commercial fraud
• conflicts of law
• dismissals for lack of jurisdiction
• domestication and enforcement of foreign judgments
• Foreign Corrupt Practices Act
• foreign distributorship/representative disputes
• foreign employment and labor disputes
• foreign government litigation
• foreign property expropriation
• Foreign Sovereign Immunities Act
• forum non conveniens doctrine
• interim relief in aid of arbitration proceedings
• international class actions
• international intellectual property
• international investigations
• international mass torts
• letters rogatory
• money laundering
• prejudgment remedies abroad
• RICO claims
• service of foreign process
• international trade disputes
• international environmental disputes

The firm's boutique practice is in the field of international law and transnational or cross-border legal disputes.  Please feel free to contact us and put our expertise to work for you in handling your international legal matter.

Commercial Litigation

The firm's commercial litigation practice encompasses all aspects of commercial relationships, including disputes involving the Uniform Commercial Code, contracts, business dissolutions, infringement of intellectual property and other financial disputes.  Many of the firm's other practice areas are synergistic with its burgeoning commercial litigation practice.

We represent clients in litigation involving public and closely held corporations and corporate officers, directors and shareholders.  This includes litigation involving management and corporate control issues, mergers and acquisitions, shareholder appraisal rights, contract disputes, employment agreements, covenants not to compete, financial transactions and bankruptcy-related disputes. We also represent partnerships, partners and sole proprietors in similar types of commercial litigation.

In addition to our commercial litigation practice in the state and federal courts, the firm is able to handle declaratory judgments, preliminary injunctions, alternative dispute resolution, arbitrations, mini-trials and mediation proceedings.

We have handled treble damage cases for clients arising under the RICO statute, as well as class action lawsuits against businesses for violation of various state consumer protection laws in connection with the advertising and merchandising of their products and services.

Recently, the firm perfected an appeal on behalf of shareholders and the bankruptcy estate of a Delaware corporation in a multi-million dollar dispute with former corporate officers, directors and insiders involving claims for breaches of fiduciary duty,  violations of shareholder voting and disclosure rights as well asclaims under state debtor & creditor law,  constructive trust,  tortious interference with contract and tortious interference with prospective business relations.  The appeal is pending before the Appellate Division of the State of New York, First Department.

Intellectual Property

The firm has significant experience in intellectual property matters, including copyright and trademark or service mark registration as well as litigation arising from infringement or misappropriation of intellectual property.  We have played an instrumental role in proactively advising clients about protecting their intellectual property rights in corporate transactions and in the context of online services.

The firm has designed and implemented an in-house intellectual property protection program for several of its major clients, including in the complex area of trade secret protection.  We have negotiated, drafted and advised clients on all aspects of intellectual property law in the context of licenses and lease agreements, outsourcing and joint ventures or collaborations between companies on projects.

Arbitration Practice

Another practice area which is closely associated with the firm's expertise in matters of international law is arbitration, particularly complex international arbitration involving multiple parties and conflicts of law among two or more jurisdictions.

Recently, the firm has successfully represented National Bank Limited, a Bangladeshi bank, in the context of arbitration of claims before the International Centre for Dispute Resolution under the auspices of the American Arbitration Association ("AAA") arising out of a complex commercial contract dispute among multiple parties including Western Union.

Disputes across national boundaries have become commonplace in today's commercial world. In an effort to avoid the uncertainties and complexities of foreign courts, most international agreements provide for dispute resolution through more neutral auspices of arbitration and other alternative dispute resolution ("ADR") mechanisms.

The firm has represented transactional companies and clients throughout the world and has gained considerable experience in international law and dispute settlement. The proliferation of rules and systems for international arbitrations around the world makes the firm's role as counsel invaluable regardless of whether the forum is the International Chamber of Commerce, UNCITRAL, Stockholm Chamber of Commerce, or American Arbitration Association.

Corporate Law & Contracts

A significant part of the firm's practice involves business transactions and corporate law.  Our services include forming a business and addressing the initial corporate formalities to the more complex transactional matters, particularly involving international parties located in several different jurisdictions overseas.   We have drafted an expanding number and variety of commercial contracts, including employment and severance agreements, leases, sale of business transactional documents, private placements, shareholder agreements, employment agreements, stock pledge agreements, security agreements, corporate resolutions, operating agreements and restrictive covenant agreements.  Our clientele in this practice area is diverse and includes pharmaceutical companies, internet and software companies, a documentary film producer and even a hedge fund.

We are particularly focused in being proactive with our clients’ legal needs.  Many problems that might result in litigation or in deal-breaking disputes can be avoided if the underlying agreements are drafted with precision and forethought.  Accordingly, we take our responsibilities in the transactional area seriously and strive to accurately and thoroughly draft legal documents and address issues of due diligence, compliance and regulatory enforcement to prevent problems before they arise.

Internet & E-Commerce Law

The firm's practice in the area of internet and e-commerce law is significant, with several major clients providing only online services or content.   We have represented many client and provided an array of legal services that assist them in conducting business or e-commerce over the internet.  The firm routinely prepares terms and conditions of use, privacy policies and legal disclaimers for websites, tailored to the specific business or industry area of the client.

The firm has assisted a number of clients in complying with various laws, statutes and regulations governing the internet, such as the Digital Millenium Copyright Act (17 U.S.C. section 101) and the Electronic Signature Act (15 U.S.C. 7001).  We have filed for and obtained federal copyright protection for clients' source code and software, including the "look and feel" of their website.

Website terms of use should contain appropriate language limiting the owners' liability for representations made on the site and in the event of wrongful or even unlawful misuse by visitors to the site.   Disclaimers and privacy policies should prevent website owners or operators from being automatically subject to the jurisdiction of other states or countries.  Confidentiality and other intellectual property restrictions are particularly important in the context of websites where users may post or store proprietary, confidential or otherwise sensitive information.  Protection against copyright infringement claims is also increasingly important on the web.

The firm's advise and guidance to clients in this area has been critical to enabling them to conduct business with legal security and in avoiding many of the potential obstacles and hidden pitfalls in the world of online business and e-commerce.

Copyright Litigation

The firm's copyright practice is divided into a copyright litigation practice and a corporate practice focusing on advising clients on copyright-related issues in a wide variety of areas from film projects to online service providers and more traditional software.

We regularly provide advice on the reach of copyright law into such uncharted areas as the Internet and the ever-expanding realm of digital devices.  Because we understand our clients' technologies and business environment as well as the law, and because our judgment has been honed in novel litigation at the limits of copyright law, the firm is uniquely situated to advise on managing risks in an uncertain legal environment and on safeguarding intellectual property assets.

Appellate Practice

Our firm has extensive appellate experience and a regular presence before both the Federal and State appellate courts.  We have a history, background and training in all facets of the appellate process — deciding whether and when to present an emergent application, move for leave to appeal, appeal from final judgments, how to structure appellate arguments, and the presentation of effective oral argument before appellate courts.  If your case is important enough to appeal or to defend on appeal, it should be important enough to hire experienced appellate counsel.

In addition, the firm is often retained by outside counsel to handle appeals on behalf of their clients in a wide range of matters.  Our record in appellate practice is truly impressive including several groundbreaking decisions that established new law in new or emerging areas of litigation such as the Medicare Secondary Payer Act and the Alien Tort Claims Act.