Overview

O’Kane & McKee, LLP provides an interdisciplinary approach to addressing the complex needs of business owners and individual clients.  The firm counsels clients on a wide variety of litigation and transactional issues relating including but not limited to business disputes and organization, charitable organizations, private foundations, construction litigation, real estate and HOA practice, estate planning, tax planning, family disputes and succession planning.

Transactional Services Philosophy
O’Kane & McKee, LLP reviews its transactional client's overall picture, from advise to businesses regarding their general legal needs to the protection of assets to issues of family harmony to their philanthropic goals to the client's tolerance for complexity and risk in tax and estate planning We coordinate the members of the client's team of advisors, ensuring the client obtains answers vetted not just by us, but by all relevant advisors. We furnish independent advice, deployed with judgment, and with a long-term perspective. We communicate clearly and serve as a confidential sounding board for our business, individual and family clients. Accordingly, we have built many successful long-term relationships with our clients.

Litigation Services Philosophy
O’Kane & McKee, LLP provides its litigation clients with our honest assessment of how we view the legal strengths and weaknesses of their case. Unlike those clients that come to us for transactional services, we recognize that clients very rarely, if ever, actually want to be in litigation, which can be a difficult and lengthy process. Therefore, we assist our clients in seeking every possible reasonable solution before proceeding with litigation and we always look for creative ways to bring about a settlement of their disputes when litigation has already begun. O’Kane & McKee, LLP represents clients that are both Plaintiffs and Defendants in litigation matters and this experience helps us to provide a balanced and realistic perspective to our clients throughout their litigation matters. In conjunction with our legal assessment, we seek try to provide the best cost benefit analysis so that our clients can make informed decisions regarding settlement and/or proceeding with litigation.

Transactional Areas of Focus

  • Estate Planning and Private Foundations - implementing sophisticated transfer strategies; using "freeze" and discounting techniques including family limited partnerships, limited liability companies and "defective" trust planning; forming "dynasty," family and charitable trusts, establishing and counseling private foundations on issues of family participation and governance to technical issues such as minimum distribution requirements and "self-dealing" and other prohibited transactions; working with life insurance and other liquidity techniques and providing sound advice on the management and transfer of wealth to and among family members.
  • Probate and Trust Administrations - handling administration matters at multiple court locations in California, providing general representation and special appearances for primary and ancillary probate proceedings, contested matters, other litigation involving probate, conservatorship and guardianship estates, and any court proceedings that would involve interpretation, administration or distribution of trusts or estates.
  • Business Organization, Counseling and Succession Planning - structuring, restructuring and setting up businesses, including family offices; advising families and individual clients on business succession issues, family participation and family nonparticipation in the business, family vs. nonfamily management, provision of equity compensation to nonfamily management and intrafamily holdings and investments; advising individual clients in their roles as officers and directors of public, private and nonprofit companies. Analyzing insurance coverage, asset ownership entities and business relationships in order to reduce exposure to liabilities.
  • Real Estate - structuring of real estate and other financial transactions; buying, selling and developing property; using creative financing and planning techniques to maximize cash flow and tax benefits; foreign in bound and out bound transactions and formulating gifting strategies. O’Kane & McKee, LLP’s clients own many different types of real property.
  • Construction Law – review of contracts for all phases of development and construction; assisting owners and contractors with the management of construction projects, including facilitating communications with governmental bodies and with early identification and resolution of potential disputes before formal dispute resolution becomes necessary.
  • Homeowner’s Associations – review CC&R’s and provide advice and counsel to HOA Boards and individual homeowners regarding their rights and responsibilities as managers and members of these special non-profit corporations, including but not limited to issues related to their financial obligations and potential construction defect claims.
  • Complex Divorce Cases - consulting with family law attorneys in appropriate divorce cases to provide specialized advice concerning financial and business assets, including investment management companies, intellectual property assets and real estate partnerships.

Litigation Areas of Focus
O’Kane & McKee handles state and federal lawsuits and formal resolution of disputes in many areas, including but not limited to the following:

  • Construction Litigation – including but not limited to disputes over construction defects and extra work and delay claims on commercial, residential and government construction projects.
  • Real Estate Litigation – including but not limited to commercial and residential ownership disputes, related valuation and disclosure issues.
  • General Business Litigation - including but not limited to disputes among the shareholders or business partners; and disputes between businesses and their competitors, vendors or customers.
  • Estate and Trust Litigation – including but not limited to disputes between trustees and/or executors and the beneficiaries of the estate or trust; and disputes between the trustee or executor and third party creditors or professional service providers.
 
 
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