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David H. Relkin

David H. Relkin

Winning is about thinking three steps ahead: Litigation is like Chess
  • Arbitration & Mediation, Collections, Business Law ...
  • Connecticut, New York
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Biography

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.

Education
Harvard University
other | Ancient Philosophy and Myth--Presocratics
- present
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Benjamin N. Cardozo School of Law
J.D. (1986) | Legal Studies
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Honors: Moot Court Finalist Internship at Manhattan District Attorneys Office
Activities: Trial Preparation, Argument and Cross-Examination
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Columbia University
History of Scientific Development--Epistemology
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City University of New York - Graduate School & University Center
M.A. (1985) | Ancient Greek and Platonic Dialogues
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Honors: Certificate of Merit
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New School University
M.A. (1984) | Modern Continental Philosophy
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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"
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Laval University in Montreal
B.A. | French Philosophy and Art
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Honors: Honors
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Professional Experience
Managing Member
The Relkin Law Firm
Current
Publications
Articles & Publications
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--A Risk for an Uneducated Lender
Duane Morris-Developments in Bankruptcy Reorganization and Commercial Finance
Letters of Credit-The UCP Trumps the UCC
Duane Morris-Developments in Reorganization and Comm. Finance Law
Asset Securitization-Structured Finance and Bankruptcy
Duane Morris-Developments in Reorganization and Commercial Finance
Speaking Engagements
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
Certifications
Highest Rating
Justia
Awards
Phi Beta Kappa
Northwestern University
Professional Associations
New York State Bar  # 2137479
Member
- Current
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Association of the Bar of the City of New York
Member
- Current
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Jurisdictions Admitted to Practice
Connecticut
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New York
New York State Office of Court Administration
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2nd Circuit
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United States District Court for the District of Connecticut
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United States District Courts for the Southern and Eastern Districts of New York
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Fees
  • Free Consultation
Practice Areas
    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
Additional Practice Area
  • Perishable Agricultural Commodities Act
Languages
  • English
Legal Answers
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 into an argument about the privilege. ... 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 perhaps $10k. Is the Company established? Will it still be around in a year? Is it a closely-held company that could divest itself of all of its assets in a year?)

There are two ways to do this: one in the Settlement Agreement, which would make it a Stipulation of Settlement. It is likely that, given the nature of the action, they just want a Discontinuance and a private Settlement Agreement. Therefore, the second way would be more amenable: you provide that Judgment may be entered upon an affidavit of your counsel if the second payment is not made.

Finally, you need to be comfortable with your attorney and should hire one you can trust to give you the full picture.
... 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 claim. This can be complex and you should consult counsel. ... Read More
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Websites & Blogs
Website
Website
Contact & Map
Former Offices: The Relkin Law Firm
272 Plandome Road
Manhasset, NY 11030
Telephone: (516) 888-1223
Cell: (917) 686-4441
Fax: (516) 340-3242
Monday: 8 AM - 6 PM
Tuesday: 8 AM - 6 PM (Today)
Wednesday: 9:30 AM - 6:30 PM
Thursday: 10:30 AM - 9:30 PM
Friday: 10:30 AM - 3:30 PM
Saturday: Closed
Sunday: 12 PM - 6 PM
Notice: Flexible scheduling.
The Relkin Law Firm
Office
272 Plandome Road
Manhasset, NY 11320
Telephone: (516) 888-1233
Cell: (917) 686-4441
Monday: 8:30 AM - 6:30 PM
Tuesday: 8:30 AM - 6 PM (Today)
Wednesday: 8:30 AM - 6 PM
Thursday: 8:30 AM - 6:30 PM
Friday: 8:30 AM - 3 PM
Saturday: Closed
Sunday: 9:30 AM - 6 PM
Notice: Meetings by appointment are flexible.