Donald E. Creadore, ESQ.
New York Office
305 Broadway - 14th Floor
New York, New York 10007
106 7th St. - Suite # 500
St. Joseph Missouri 64501
Tel: (212) 355-7200
Mobile: (917) 226-1881
Fax: (212) 583-0412
PyroESQ.com offers the pyrotechnics industry a full compliment of legal, business and financial services.
Assignments include representation before Civil courts as well as before Regulatory and Administrative agencies, including ATFE, DOT, PHMSA, CPSC, OSHA, EPA. Also experienced in alternative dispute resolution proceedings, arbitration and mediation. Mr. Creadore is a court-trained and certified mediator, as well as a long-serving court-appointed arbitrator, all in New York County, New York. He is also retained in connection with business formation and consulting, in addition to legal issues relating to debt collection, trademarks, copyrights and patents, immigration, customs and import/export trade, personal injury claims/products liability, insurance defense, real estate and zoning.
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Understanding and telling your story in a compelling and persuasive manner is something Donald Creadore does with exceptional skill. At some point in the attorney-client relationship each client realizes that Mr. Creadore knows as much as the client about the client's affairs, making him uniquely qualified to serve as the client's advocate.. Whether in a courtroom, or in a boardroom, Mr. Creadore's expertise in creating sensible and sensitive story themes and legal arguments has proven highly effective.
Mr. Creadore's reputation is only enhanced by his keen understanding and interpretation of the laws relating to the legal issues before him. In fact, his first fireworks lawsuit (in 1997) led to a swift determination that certain F.D.N.Y. regulations were unconstitutional; the client was greatly impressed and remains a client to this day.
Mr. Creadore's ability to navigate the patchwork of regulations-to identify interrelationships as well as inconsistencies-has only brought success to his clients.
Mr. Creadore also has the reputation to outwork and out-lawyer his adversaries. In the opinion of his clients, he is the consummate 'pit bull' lawyer; on his lighter side, he marched for several years in the annual Macy's Thanksgiving Day Parade as a parade clown.
Mr. Creadore is comfortable in the courtroom, and for good reason. Upon graduating, in 1986, he worked for a Senior United States District Judge in the prestigious Southern District of New York; and, later on, his law partners included an appellate judge and former Congressman. Mr. Creadore has, himself, determined hundreds of small claims matters in the course of discharging his duties as an arbitrator in New York County's busy small claims court. He is also a court trained and certified (New York) mediator. Mr. Creadore has worked as an associate of a New York Top 25 Law Firm before starting his own law firm in 1995, Kupferman & Creadore, P.C., and thereafter, Tunick Kupferman Creadore & Young, P.C.; and, in 2005, he left to start the Creadore Law Firm, P.C.
Mr. Creadore is admitted to the bars of the states of New York, Connecticut, Missouri and the District of Columbia, as well as the United States Supreme Court. He has argued appeals before the Second Circuit Court of Appeals, and the New York State Appellate Division (First Department and Second Department), and has appeared in the Eastern, Southern and Western Districts of New York, the Central District of California and the Eastern District of Nebraska. Mr. Creadore also regularly represents clients in administrative hearings, arbitrations and mediations throughout the United States, including, Iowa, Oregon, California, Missouri, Montana, New Hampshire, New Jersey, Florida, Missouri, Ohio, Pennsylvania, Kansas, Kentucky, Maryland, North Carolina, South Carolina, Utah, Virginia, Texas and Wisconsin.
Mr. Creadore has authored the legal column for Fireworks Business since 2002.
He is also the author of the chapter on bills of particulars to Commercial Litigation in New York State Courts, 1st Edition, New York County Lawyers' Association, West's New York Practice Series.
Practising Law Institute - panelist
National Fireworks Association - speaker
American Pyrotechnics Association - speaker
International Fireworks Association - speaker (at invitation of Fireworkstown.com)
Professional Associations and Memberships:
American Bar Association
New York State Bar Association
Connecticut Bar Association
Missouri Bar Association
District of Columbia Bar (inactive status)
New York County Bar Association
Bar of the US Supreme Court
National Fireworks Association
American Pyrotechnics Association
International Fireworks Symposium
Pyrotechnics Guild International
American Fireworks Standards Laboratory
Pennsylvania Pyrotechnics Association
New Hampshire Fireworks Association
New York (1987); Connecticut (1988); District of Columbia (1992); United States Supreme Court (1995); Missouri (2010). Also admitted before the United States District Court for Southern District of New York, Eastern District of New York, Western District of New York, District Court of New Jersey, pro hac vice; U.S.D.C., Central District of California, pro hac vice; U.S.D.C., District of Nebraska, pro hac vice.
The materials on this Web site and the related links are provided for informational purposes only. They are not intended as and do not represent legal advice and should not be acted on as such. The materials and links are also not the legal opinions of PYROESQ or The Creadore Law Firm, P.C. or any of its attorneys or clients, nor are the materials represented as being all-inclusive, correct, complete or up-to-date. No one should rely on any information on this Wed site or its links. We suggest, instead, that you should seek the advice of an attorney with respect to any matter in the Web site or its links.
The posting and periodic updating of this Web site and its links are not intended to create nor do they create an attorney-client relationship between PYROESQ or The Creadore Law Firm, P.C. and you and any other person. You should not act or rely on any legal information in the World Wide Web without obtaining the advice of an attorney. The selection of an attorney is an important decision that should not be based solely on advertising. Before making your choice of attorney you should give this matter careful thought. You should obtain substantive material. For example, ask a prospective attorney or law firm to send you free written information about their qualifications and experience.
We will be pleased to communicate with you by e-mail. However, if you communicate with us through the World Wide Web, you should know that Internet e-mail is not secure. You should not send sensitive or confidential e-mail messages unless you are certain that you have adequately encrypted them. If you communicate with us through the World Wide Web, or through other means, about a matter in which we do not already represent you, your communication will not create an attorney-client relationship and may not be treated as privileged or confidential.
We have made every effort to comply with all applicable legal and ethical requirements pertaining to law firm Web sites. PYROESQ and The Creadore Law Firm, P.C. do not seek, nor are we attempting to obtain, the representation of clients based on their viewing of any portion of this World Wide Web site that does not comply with the applicable legal and ethical rules relating to law firm Web sites. Nothing contained in this site should be construed to represent that the quality of either PYROESQ's or The Creadore Law Firm, P.C.'s legal services is greater than that provided by other lawyers. Prior results cannot and do not guarantee or predict a similar outcome with respect to any future matter, including yours, in which a lawyer or law firm may be retained. Unless otherwise specifically stated, the attorneys listed in the Web site are not certified with respect to any specialty area of practice by any board of legal specialization or commission of continuing legal education, or similar body.
Some of the material on this Web site contains Internet resources. The links are provided as citations and are not intended to state or imply that PYROESQ or The Creadore Law Firm, P.C. is affiliated, associated with, or legally authorized to use any trade name, registered trademark, logo, legal or official seal or copyrighted symbol or material protected in the link.
Our office in New York, NY, USA, is, if required by any bar association rules, designated as our principal office, and Donald Creadore is designated as the attorney responsible for this Web site. Certain jurisdictions may require us to inform you that this Web site may be considered an advertisement.
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- Successfully challenged F.D.N.Y. regulation based upon claim of unconstitutionality; upheld on summary appeal (items recovered less than 7 days).
- Obtained summary dismissal of negligence claims asserted against business owners, personally, by an employee that had sustained severe and extensive permanent burn injuries while repairing display fireworks; and, in that same action, subsequently obtained a defendants' verdict on behalf of the corporate defendant.
- Successfully defended--TWICE--attempts to reclassify pyrotechnicians as employees and not as independent contractors by the NYS Commissioner of Labor.
- Obtained a defendants' verdict in connection with a massive barge conflagration resulting in the issuance of numerous charges with hundreds of thousands of dollars in penalties and fines. In sum, after conducting multiple hearings and taking testimony from a dozen witnesses, all violations were dismissed except on, failure to have 'fireworks' placard on one of the barges, resulting in a nominal fine.
- Obtained dismissal from products liability lawsuit and a defendants' verdict was obtained for the remaining defendants.
- Obtained dismissal before ALJ of all charges in connection with ATF license revocation proceeding. In that action, Mr. Creadore was successful in suppressing certain portions of tape recordings made by a confidential informant and, at trial, undermined the credibility of the government's confidential informant and other supporting witnesses, leading to a swift judgment in respondent's favor.
- Successfully obtained dismissal of criminal violation issued by the Chehalis Indian Tribe; the dismissal of the tribal trial court was not only upheld upon re-argument but it was also affirmed upon appeal by the Chehalis Tribal Court of Appeals.
- Successfully quashed a subpoena issued by PHMSA demanding production of certain tape recordings.
- Obtained dismissal of all claims made by various sponsors of fireworks displays, leading to payment of outstanding display balance.
- Represented NFA in connection with its defense and filing of a petition challenging San Diego's Regional Water Quality Control Board's determination to regulate certain display fireworks in accordance with the Clean Water Act.
- Successfully defended numerous investigations relating to state and federal (including DOT, PHMSA, ATFE, CPSC, CBP and EPA) enforcement actions.
Arts and Entertainment Law
- Represented NYC's largest sound stage in connection with a variety of litigation matters.
- Represented local theatrical and movie props vendor in connection with a lawsuit relating to a movie, never released, featuring musician Roger Daltry.
- Represented Jimi Hendrix's first manager regarding ownership of Hendrix material.
- Represented winner of the Kentucky Derby (twice) in a partnership dispute arising in connection with Strike The Gold.
- Represented the owner of the last known painting created by the late Jackson Pollack regarding issues of authentication.
- Represented Broadway 'bus & truck' tour operator in an action for an accounting and recovery of monies due relating to touring musicals.
- Represented the 'parking lot King' in numerous disputes relating to business operations.
- Represented owner of 65+ gasoline stations situated throughout the NYC-metro area in connection with various environmental and regulatory matters, as well as in connection with the remediation, sale and development of certain property.
- Legal Representative for the business owner of titanium fabricator in connection with Superfund listing and CERCLA lawsuit.
- Represented the NFA in connection with its challenge of the actions of the San Diego Regional Water Quality Control Board.
Trademark and Copyright Law
- Represented A. Versace in a trademark infringement lawsuit.
- Represented business manager for Jimi Hendrix relating to a dispute over ownership over certain Jimi Hendrix master recordings.
- Represented renowned Patsy's Pizzeria in trademark action against Patsy's Restaurant relating to food products to be sold nationally in supermarkets.
- Represented the domain owner of 'Talk.com' in dispute with AOL, resulting in a settlement approximating $500,000.
- Represented developer of 279 CPW in partnership dispute.
- Represented contractor of Zeckendorf Towers in connection with numerous buyer claims.
- Represented contractor of 6 Columbus Circle in dispute with developer.
- Represented contractor of 10 West End Avenue regarding dispute with developer.
- Represented adjacent property owner in obtaining injunction against developer of adjoining property situated at Queensboro Plaza.
- Represented various landlords and, as the case may be, tenants, in numerous commercial real estate disputes.
- Represent the largest independent producer of concerts at Carnegie Hall in all employment matters.
- Represented numerous employers and employees relating to employment contracts, non-compete agreements and restrictive covenants, severance agreements.
- Obtained dismissal of claims of sex discrimination and workplace discrimination, harassment and unfair treatment claims.
- Represented various employers and, as the case may be, employees, in claims relating to unfair competition, trade secrets, discrimination and harassment.
- Retained by the New York City Police Benevolent Association as special investigative counsel.
- US legal representative for Fireworkstown.com, a business based in Liuyang City, China.
- Outside counsel to the New York State Insurance Fund relating to third party lawsuits involving worksite injuries.
When I retained Don Creadore, I was in legal quicksand facing ever-increasing legal bills generated by a large, well-respected law firm specializing in products liability defense that I had retained to represent me in multiple lawsuits. Don had steered all of the matters to a point where he was successful in getting me and my business out of all of the lawsuits on summary judgment, sparing us the costs and risks associated with trial.
Gary Avins, President, Firepower Displays Unlimited, Inc.
Everybody told me I was wasting my time trying to obtain relief from disabilities to earn a living; I proved them wrong, but I could not do it without the legal representation of Don Creadore. You can only imagine how gratified I felt the day I received my notice from ATF granting my request for relief. Throughout the process Don never oversold me, and his expertise and patience rewarded me amply. Now I have my own business; and I could not have done it without Don Creadore.
Don Creadore protected me and my reputation, as well as that of my business, against the forces of the ATF. In workmanlike fashion, he had the government's wire-tapped conversations precluded and, during trial, his cross-examination of the government's witnesses stripped them of all credibility. The case was dismissed by the judge, and I went on to continue my business in peace. I owe it all to Donald Creadore.
Tom Conway, President, Dyberry Fireworks
This training course is one you cannot afford to miss if your company is subject to regulation by the USDOT. Pyro Boot Camp will take you behind the curtain and provide you with a comprehensive and fascinating in-depth examination of both the operations manual and the approvals program standard operating procedures (SOPs) currently in use by the USDOT-PHMSA. You will receive the benefits of an attorney's interpretation and insight into the guidelines that control and guide the actions of PHMSA investigators and, separately, the SOPs that govern PHMSA's approval branch. Upon completion of this training course you will be better equipped, for instance, to recognize when a PHMSA investigator has gone outside the permissible scope of jurisdiction and authority, and confidently seek to stop the objectionable behavior from continuing or, as the case may be, reoccurring.
Pyro boot camp is designed to make you comfortable with the conduct and behavior of federal PHMSA investigators, due to your in-depth knowledge and understanding of approved investigation methods and techniques commonly used by PHMSA investigators. It is the expectation that Pyro Boot Camp attendees will walk away with as much if not greater knowledge and understanding of the policies and procedures being employed by PHMSA field investigators than the the PHMSA investigators appearing at your place of business. It is both an unfortunate fact and business reality that PHMSA will continue the policy of rotating investigators, in addition to hiring and training new investigators. As a consequence, during the course of your business lifetime your operations will likely be scrutinized by several, if not dozens, of PHMSA investigators, with each one demonstrating a unique approach and conduct towards performing investigations.
This training course also explains the present rules of conduct for PHMSA investigators which, in turn, allows all attendees to establish a uniform baseline of policies and procedures that can be confidently applied evenly to all PHMSA investigators. Learn, for example, how field investigators are being trained to deceive and manipulate individuals regarding information requests--did you know that PHMSA investigators are prohibited from going on a fishing expedition but, at the same time, nothing prevents zealous investigators from acting in a manner that permits them to legitimately obtain information that, technically, falls outside the scope of their investigative authority? Pyro Boot Camp will teach you to spot when a field investigator is straying outside the scope of authority.
Learn how field investigators are instructed to conduct an inspection: including how to initiate the inspection as well as how to take interviews, photographs, and written statements. This training course will allow you to determine whether or not the PHMSA investigator is conducting a proper and legitimate investigation, saving you valuable time and frustration.
All Pyro Boot Camp attendees will receive an in-depth analysis of the current SOPs for the approvals program that will de-mystify the SPOs as they relate to the approvals program, in general, and fitness reviews, specifically. This information is immensely valuable to renewing applicants and new applicants alike.
Pyro Boot Camp provides attendees with all-encompassing review of each of the 19 chapters found in the PHMSA operations manual, from an overview of the hazardous materials program, to general inspection procedures, to conducting, and recording, the inspection, to enforcement procedures, to fitness reviews. Yes. You could read the manual on your own, but reading the manual is exceedingly boring and cannot serve as a proper substitute of having an attorney experienced in fireworks laws and regulations from explaining the contours and reasoning of PHMSA'a policies and procedures.
Pyro Boot Camp will review the entire spectrum of current PHMSA policies and procedures, emphasizing field-oriented aspects fo compliance inspection or investigation.
Pyro Boot Camp Schedule
All courses begin at 10AM unless otherwise specified
22 - New York City
The Creadore Law Firm, P.C.
305 Broadway, 14th Floor
28 - Harrisburg, PA
Holiday Inn Express
2055 Technology Parkway
29 - Pittsburgh, PA
Holiday Inn & Suites Express Pittsburgh West
(Formerly BEST WESTERN Parkway Center Inn
875 Greentree Road
30 - Toledo, OH
Best Western, Bowling Green
1450 E Wooster Street
31 - Detroit, MI
Holiday Inn Express
11500 Eleven Mile Road
5 - Chicago, IL
Holiday Inn Express
1550 Dundee Rd
Palatine, In 60074
6 - Madison, WI
Holiday Inn Express & Suites Madison-Verona
515 W. Verona Ave
7 - Rochester, MN
Holiday Inn Express & Suites Rochester West Medical Center
155 16th Ave SW
8 - Mason City, IA
16 - Mason City, IA
Holiday Inn Express
3041 4th Street SW, Mason City
19 - Kansas City, MO
Holiday Inn Express & Suites Kansas City Airport
9550 NW Polo Drive
20 - St. Louis, MO
Holiday Inn Express & Suites St. Louis West Fenton
1848 Bowles Ave
21 - Louisville, KY
Holiday Inn Express Louisville
1620 Alliant Avenue
Jeffersontown, KY 502-938-9550
22 - Dayton, OH
Holiday Inn Express & Suites Dayton South
7701 Washington Village Drive
Class size is strictly limited to 20
$250 to enroll, and includes course materials and T-shirt; $200 before July 1 2014