David H. Relkin
Winning is about thinking three steps ahead: Litigation is like Chess
Northwestern University, B.A., Honors in Philosophy.
Attended Harvard, Columbia University, and Laval University [Montreal]
City University of the State of New York, New York, Ancient Greek Philosophy, 1982.
New School for Social Research, New York, Modern European Philosophy, 1983.
Writer and Lecturer on a Broad Range of Legal Issues: "Fraudulent Conveyances (New Broad Scope of Debtor Liability for Collections)": "The New Scope of Web-Based Jurisdiction to sue foreign and out-of-State Entities"; "Litigation Strategies to Win"; "New Concerns for Lenders in Bankruptcy Litigation"; Author of "Creative and Strategic Analysis To Win", Author: "How to Lose a Litigation"; "Is Arbitration still viable?" Author and CLE Lecturer: "RICO in Creditor Actions"; "When not to Litigate": "When Creditors should hold off Filing a Petition in Bankruptcy against your Borrower--The Risk of Bad Faith Filing. Find new articles at linkedin.com/in/davidrelkinlaw or @relkinlaw.com
In a seminal case, I successfully argued that a Creditor may extend the time to reach fraudulent conveyances to the date of commencement of an Arbitration was accepted by the United States District Court for the Southern District of New York and is now a generally accepted reach-back provision under the UFTA and the New York Debtor and Creditor Law.
I Specialize in Debtor and Creditor issues, Commercial Arbitration and Litigation, Judgment Enforcement and Collections, Bankruptcy Reclamations and Preferences, International Legal Issues and strong associations with National and International clients.
General Counsel and Executive VP of Import/Export Commodities Corporation.
New York County District Attorney's Office: Repeat Offender's Bureau, 1986.
- Harvard University
- other | Ancient Philosophy and Myth--Presocratics
- - present
- Benjamin N. Cardozo School of Law
- J.D. (1986) | Legal Studies
- -
- Honors: Moot Court Finalist Internship at Manhattan District Attorneys Office
- Activities: Trial Preparation, Argument and Cross-Examination
- Columbia University
- History of Scientific Development--Epistemology
- -
- City University of New York - Graduate School & University Center
- M.A. (1985) | Ancient Greek and Platonic Dialogues
- -
- Honors: Certificate of Merit
- New School University
- M.A. (1984) | Modern Continental Philosophy
- -
- Northwestern University
- B.A. (1982) | Modern Philosophy -- Nietzsche
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- Author Erich Heller
- Honors: Honors in Humanities and Philosophy MA
- Activities: Editor of "In the Age of Prose"
- Laval University in Montreal
- B.A. | French Philosophy and Art
- -
- Honors: Honors
- Managing Member
- The Relkin Law Firm
- Current
- Business and Commercial Litigation--Fraudulent Conveyances
- National Business Institute
- Web Jurisdiction over out-of-state and foreign Entities
- National Business Institute
- Judgments and Executions in and out of Bankruptcy
- Duane Morris
- Reclamation of Goods or Their Value
- Duane Morris
- Guaranties--Waivers and Applications in Bankruptcy
- Duane Morris Reorganization and Finance Developments
- Hidden Liens--When relying on UCC filings are overturned, When a Lien is worthless, Bermuda
- Association of Commercial Finance Attorneys
- Hidden Liens are rare, but there is one that dates to 1970: the Perishable Agricultural Commodities Act, which trumps Security Interests.
- COLLECTION LAW: FROM START TO FINISH, Certified by NYS Continuing Legal Educational Board, Four Points by Sheraton Plainview
- National Business Institute
- I have lectured on Private [Duane Morris and Kriendler & Relkin, P.C.] and Public Law [NY County Dist Attny--in Repeat Offenders Bureau] as well as inhouse counsel Import/Export Consortium--$100m/yr
- National Business Institute, Collections: Seeking and Collection a Judgment, New York, NY
- Highest Rating
- Justia
- Phi Beta Kappa
- Northwestern University
- New York State Bar  # 2137479
- Member
- - Current
- Association of the Bar of the City of New York
- Member
- - Current
- Connecticut
- New York
- New York State Office of Court Administration
- 2nd Circuit
- United States District Court for the District of Connecticut
- United States District Courts for the Southern and Eastern Districts of New York
- Free Consultation
- Arbitration & Mediation
- Business - Arbitration/Mediation, Consumer - Arbitration/Mediation, Family - Arbitration/Mediation
- Collections
- Business Law
- Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
- Bankruptcy
- Chapter 11 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief
- International Law
- Human Rights, Imports & Exports
- Perishable Agricultural Commodities Act
- English
- Q. Should a demand letter include a threat of advertising the complaint against the defendant/company ?
- A: Creditor-debtor law, whether litigation or negotiations is about obtaining an advantage without undermining your own position. There is a rule of defamation (or libel) that anything that is contained in a pleading filed with a Court is absolutely privileged and hence cannot be a basis for libel. However, there is one exception and I litigated such a case. It was where the filing of the Complaint was made to take advantage of the privilege.
Were you to write a letter that contained such a threat, you would probably create a presumption that the Complaint was filed solely to obtain the privilege which would not only undermine the legitimacy of your substantive claim but distract the entire litigation ... Read More
- Q. Is it normal for a multi million $ company to ask to pay me in 2 payments 12 months apart & ask we drop lawsuit asap?
- A: If you have stated the facts correctly, I would have a problem with the payout. According to your statement of the case, you have to "drop" the lawsuit after the first payment but "they are not ok with you going through the courts to enforce the payment" --[presumably] the second payment. You need to have an enforcement device to ensure the second payment is made -- a year from now. Without that, your settlement is based solely on trust with a party that "has proven to not play by the rules before." (In this respect, I would strongly suggest that there should be a penalty for the failure to make the second payment, for example, reasonable attorneys' fees of ... Read More
- Q. Can I add a cause of action to a california federal court case?
- A: The question is whether you can assert your (new) cause of action in Federal Court. You could assert a cause of action that does not raise a cause of action that could deprive the federal Court of jurisdiction. Counterclaims are compulsory in federal court if they arise out of the same "transaction or occurrence" that is the subject matter of the opposing party's claim, and do not require adding another party over whom the court cannot acquire jurisdiction. It does not require adding another party over whom the court cannot acquire jurisdiction. An exception is when the other claim was the subject of another pending action, then you do not need to assert it as a compulsory counter-cross ... Read More
- Website
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