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Firm Biography & Promotional Material


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Firm Biography & Promotional Material

  1. 1. McNicholas, Lee & Cestaro, P.C. Committed To Providing The Most Effective Legal Solutions
  2. 2. McNicholas, Lee & Cestaro, P.C.About the Firm:MCNICHOLAS, LEE & CESTARO, P.C. is a full service law firmfounded by Sean A. McNicholas, John H. Lee and Shawn M.Cestaro. This dynamic law firm provides a unique blend of legaltalents in the fields of insurance defense, commercial litigation,commercial transactions as well as providing diverse corporateservices to its various client groups. The Firm takes pride andpleasure in providing the most effective legal solutions to effectuateresults-driven resolutions for its clients.Each of the Firms partners are admitted to practice in the State ofNew York as well as the United States Eastern and SouthernDistricts of New York. Mr. McNicholas, Mr. Lee and Mr. Cestarohave extensive litigation and trial experience representing large andsmall companies, including national and international corporations,partnerships, limited liability companies and not-for-profitorganizations along with their respective officers and boards ofdirectors.Insurance Defense Division:Leading our Insurance Defense Division, Shawn M. Cestaro is aseasoned litigator with a diverse legal career. He has been associatedwith several Fortune 500 in-house law departments and severaloutside counsel law firms. Mr. Cestaro has invaluable experience insuch varied legal practices as insurance defense, negligence actions,premises liability, corporate commodity transactions, intellectualproperty matters, derivative suits, labor law and employment law. Mr.Cestaro also has extensive experience in resolving matters involving,contract disputes, Federal and State regulatory actions, and corporatecompliance. Mr. Cestaro has defended various types of insured of
  3. 3. ACE/Illinois Union Insurance Company, Admiral InsuranceCompany, Arch Insurance Group, AXIS, Chartis, AON, LibertyMutual, Merchants, Nationwide, OneBeacon, RSA USA, RSUI, St.Paul Travelers, Mt. Hawley, Scottsdale and Max Specialty amongstothers.Corporate Division:Leading our Corporate Division, John H. Lee is a former QueensCounty Assistant District Attorney who has represented corporateclients in a wide range of matters for over a decade. Mr. Leespecializes in litigation involving complex corporate law, commercialmatters, criminal law, immigration law, real property law andintellectual property matters. Mr. Lee has extensive investigative,litigation, trial and appellate experience. He has a diverse and variedclient base where he continues to represent small to major domesticand international corporations such as Patel Group, AdAsiaCommunication, GDS International, Samsung Life Insurance,Samsung Fire and Marine, Samsung Electronics America, LG, CJAmerica, Hyundai, Korean Life and Samyang Corporation amongstothers.Trial Division:Leading our Trial Division, Sean A. McNicholas is a formerEmergency Medical Technician, Volunteer Firemen and QueensCounty Assistant District Attorney. Mr. McNicholas has spent hiscareer handling a broad range of litigation matters including civil andcriminal defense, professional liability and commercial matters frominception through trial. Mr. McNicholas is a highly experienced trialadvocate specializes in varied civil and corporate defense matters. Mr.McNicholas heads the Firms trial advocacy group and has tried oversixty (60) jury trials to verdict.
  4. 4. McNicholas, Lee & Cestaro, P.C.Contact the Firm:Website: www.M-L-C-Lawyers.comShawn M. Cestaro, Esq.- Shawn@M-L-C-Lawyers.comJohn H. Lee, Esq.- John@M-L-C-Lawyers.comSean A. McNicholas, Esq.- Sean@M-L-C-Lawyers.comFlushing Office188-06 Northern Boulevard, 2nd FloorFlushing, New York 11358Tel. No.: (718) 359-5520Fax No.: (718) 359-5521Manhattan Office443 Park Avenue South, Suite #700New York, New York 10016Tel. No.: (212) 645-9883Fax No.: (212) 645-9863
  5. 5. McNicholas, Lee & Cestaro, P.C.Insurance Defense LitigationOur philosophy at McNicholas, Lee & Cestaro is to always worktogether with insurance providers, claims professionals, insureds andcorporate management to ensure that each insured receivescompetent, efficient and professional legal representation. AtMcNicholas, Lee & Cestaro, we know how to efficiently and timelymanage and resolve matters involving varied types of claims againstinsureds.Directors & Officers Coverage:The Firms corporate and litigation practice provides the expertise inrecognizing and understanding the roles and management decisionsof directors and officers. This allows McNicholas, Lee & Cestaro toefficiently gather relevant facts, to assess potential risk, and toeffectively resolve any potentially complex claims made against thecorporation and its management.The prevalence of litigation brought against corporate entities andtheir directors and officers necessitates not only proper insurancecoverage, but corporate education regarding the varied State andFederal regulatory laws, employment practices, corporate governance,and the proper discharge of managements fiduciary duties. Since acorporation’s management makes daily decisions that have lastinglegal implications, McNicholas, Lee & Cestaro remains on theforefront of changing statutes and case law pertaining to corporategovernance and employment law. McNicholas, Lee & Cestaro usesthis expertise to constantly educate its corporate clients and theirmanagement with the information they require to efficiently operateany size company and effectively avoid potential exposure that may
  6. 6. arise from the corporate strategies, financial judgments, and businessdecisions that management is hired to advance.General Liability and Commercial General Liability:The unique background and resources of McNicholas, Lee &Cestaros founding partners allows them to effectively understand thecontents of insurance policies, the types of coverage afforded tovarious insured, and the claims, allegations and lawsuits broughtagainst them. Through its core client base, McNicholas, Lee &Cestaro focuses heavily on defending claims made against businessowners, partners, shareholders, contractors and subcontractors.The use of general liability and commercial general liability coverageis essential to minimizing the risks associated with conductingbusiness in our litigious society. The Firms litigation practice grouphas a proven track record in insurance defense and representinginsureds in high-stakes and often complex New York State andFederal causes of action.The Firm has in-depth experience and knowledge of the lawspertaining to claims involving bodily injury, property damage,personal injury, workplace injury, liability resulting from misleadingor fraudulent advertising, and claims of slander and libel.McNicholas, Lee & Cestaro surpasses all others in defendingcontractors and subcontractors in construction related claimsinvolving bodily injury and property damage.McNicholas, Lee & Cestaros expertise with regard to the relationshipbetween insurance carriers, their claims professionals and insuredsensures that our attorneys will work closely with claims professionalsto make certain that every insured receives quality legalrepresentation. Legal representation that is squarely within eachinsurance carriers billing and procedural guidelines. Constant
  7. 7. communication between attorneys, carriers, and their insureds is anessential tool of our insurance defense team. McNicholas, Lee &Cestaro excels at litigating and resolving these claims, because itrecognizes the importance of client service both inside and outside ofthe courtroom.Premises Liability:With the prevelence of litigation in todays world, property, buildingand business owners, tenants and managing agents are all faced withpotential liability every time someone comes on to their property.The attorneys at McNicholas, Lee & Cestaro have successfullydefended premises liability, negligent security, negligent snow and iceremoval, suits alleging improper security measures, violations of theAmericans with Disability Act, and a myriad of personal injury claimsfor a combined total of 35 years.The Firm has also successfully defended claims involving physicaland sexual assault, and wrongful death claims.Premises liability claims often impact retailers, department stores,grocers, restaurants, manufacturers and commercial tenants. Theseinsureds are often called to task when injury or damage occurs ontheir premises, which is why McNicholas, Lee & Cestaro aggressivelydefends these premise cases in the State and Federal courts.Professional Liability:McNicholas, Lee & Cestaro is also defended varies types ofprofessionals such as architects and engineers, accountants andCPAs, insurance agents and brokers, appraisers, financial advisors,and title and real estate agents. These professionals have increasinglyhad claims brought against them, which necessitates their increasingneed for effective legal representation, which McNicholas, Lee &Cestaros insurance defense group has consistently provided.
  8. 8. The Firm is also represented professionals in medical malpracticeclaims, and claims brought against varied types of healthcareproviders, such as nursing homes and assisted living facilities.Construction Law:McNicholas, Lee & Cestaro is also highly experienced in defendingdesign professionals, building and land owners, developers,construction managers, general contractors and varioussubcontractors involved in complex commercial and residentialconstruction and personal injury claims.When representing insureds involved in construction, the Firm hasdefended a wide variety of claims, including those based onconstruction delays, contract disputes, construction defects, structuraldefects and failures, New York State labor law disputes, andconstruction management claims. McNicholas, Lee & Cestaro hasdefended companies involved in all aspects of the construction trade,from those involved in small to multi-million dollars projects. Toname a few, the Firm has litigated matters involving the constructionof apartment complexes, high-rise condominium projects,skyscrapers, office buildings, warehouses, and retail space.As construction based claims are potentially difficult and complexcases to litigate, it is essential to have the experienced legal team atMcNicholas, Lee & Cestaro to defend these construction insuredsand assess the potential of transferring such risks by way ofaggressive tenders coupled with declaratory judgment actions. Eachof the Firms founding partners have the background experience andfirst hand knowledge from other practice areas to effectively defendand resolves these construction related claims. The strength ofMcNicholas, Lee & Cestaros multiple disciplined litigators provides alevel of representation to its clients that is surpassed by none.
  9. 9. Further, the Firms transactional group lends additional expertise inassessing, defending and resolving issues regarding contractformation, risk transfer by way of aggressive tenders, and thedevelopment and construction process in general.Labor & Employment Law:The Labor and Employment group at McNicholas, Lee & Cestaro ishighly experienced in representing business owners, theirmanagement and shareholders in varied labor and employmentissues. The Firm is frequently called on to defend employers againstclaims involving wrongful discharge, sexual harassment,discrimination and wage claims as well as alleged violation of Stateand Federal labor and employment laws in both administrative andjudicial settings.The Firm recognizes that most often the greatest value litigationattorneys can provide a client, especially a business client, is assistingthem in recognizing areas of potential litigation and recommendingsolutions that can facilitate risk avoidance, allocation and transferrather than costly legal proceedings. This is accomplished by buildinga strong working relationship with our clients insureds, providingadvice concerning all aspects of business transactions so as to avoidpotentially adverse legal ramifications. However, when litigation isnecessary, McNicholas, Lee & Cestaro has a reputation for takingaggressive and effective courses of actions to protect the insuredsrights. This reputation has earned us the trust of individual clients,small business owners, and large private corporations alike.The Firms diverse client base effectively stems from our ability toinitiate and respond to situations which require immediate legalaction. The firm recognizes that insureds are often confronted withcrises requiring immediate action, investigation, issue determination,risk avoidance and transfer, and an efficient resolution strategy.
  10. 10. McNicholas, Lee & Cestaro is there to provide immediate legalrepresentation in this regard.In addition to representing clients in the formal discovery process,throughout trial and in the appellate courts, our Firm routinelyrepresents clients in matters before State and Federal administrativeand regulatory agencies, and in alternative dispute resolutionprocedures.
  11. 11. Shawn M. Cestaro Email: Education: • J.D., New York Law School, 2000 • B.A. (Criminal Justice & Sociology), Temple University, 1995 Admitted to Bar: • The Courts of the State of New York • United States District Court, Southern District of New York • United States District Court, Eastern District of New York Professional & • New York County Lawyers Community Association Affiliations: • American Bar Association Noteworthy: • Member, New York Law School Moot Court AssociationShawn Cestaro received dual degrees in Criminal Justice and Sociology from Temple University and his JurisDoctorate from New York Law School. Mr. Cestaro is admitted to practice in the State of New York andUnited States Eastern and Southern Districts of New York. Mr. Cestaro began his career in the courts as ajudicial intern to the Honorable Beverly S. Cohen, J.S.C. Thereafter, he became associated with several majorin-house law departments where he became highly experienced in corporate commodities transactions,contract law, provisions of the uniform commercial code, federal and state regulations, and corporatecompliance. He then became associated with several outside counsel law firms where he handled numerousmatters involving such varied areas of law such as general negligence, professional liability, premise liability,motor vehicle, intellectual property, toxic tort, derivative suits, labor law, and construction litigation. Mr.Cestaro is a founding member of McNicholas, Lee & Cestaro, P.C.
  12. 12. John H. Lee Email: Education: • J.D., St. Johns University School of Law, 1998 • B.S. (Electrical Engineering), Polytechnic University, 1994 Admitted to Bar: • The Courts of the State of New York • United States District Court, Southern District of New York • United States District Court, Eastern District of New York Professional & • New York County Lawyers Community Association Affiliations: • American Bar Association Noteworthy: • Assistant District Attorney for Queens County • Completely Fluent in both written and spoken KoreanJohn Lee received a B.S. in Electrical Engineering from Polytechnic University and his JurisDoctorate from St. John’s University School of Law. Mr. Lee is admitted to practice in the State ofNew York and United States Eastern and Southern Districts of New York. Mr. Lee specializes inlitigating corporate law matters, corporate compliance, immigration law, criminal law, real propertylaw, and intellectual property law. As a former Queens County Assistant District Attorney, Mr. Leehas extensive trial, investigative, and appellate experience. Mr. Lee has successfully obtained defenseverdicts after an extensive jury trial for his corporate clients in both state and federal courts. As acorporate attorney, he has represented small corporations to major international corporations such asPatel Group, AdAsia Communication, GDS International, Samsung Life Insurance, Samsung Fireand Marine, Samsung Electronics America, LG, CJ America, Hyundai, Korean Life and SamyangCorporation. Mr. Lee is a founding member of McNicholas, Lee & Cestaro, P.C.
  13. 13. Sean A. McNicholas Email: Education: • J.D., St. Johns University School of Law, 1998 • B.S., Fordham University, 1990 Admitted to Bar: • The Courts of the State of New York • United States District Court, Southern District of New York • United States District Court, Eastern District of New York Professional and • New York State Defense Community Affiliations: Attorney Association • New York State Bar Association • Queens County Bar Association • Nassau Count Bar Association Noteworthy: • Emergency Medical Technician • Volunteer Firemen • Assistant District Attorney for Queens CountySean McNicholas received a B.S. in Finance from Fordham University and his Juris Doctorate from St. JohnsUniversity School of Law. Mr. McNicholas is admitted to practice in the State of New York and United StatesEastern and Southern Districts of New York. Mr. McNicholas has spent his career handling a broad range oflitigation matters in State and Federal courts including civil and criminal defense, professional liability andcommercial matters from inception through trial. Mr. McNicholas is a highly experienced trial advocate andhas successfully tried over sixty (60) jury trials to verdict. He is a former Emergency Medical Technician, aVolunteer Firemen and Queens County Assistant District Attorney. Mr. McNicholas is also a foundingmember of McNicholas, Lee & Cestaro, P.C.