David H. Relkin
The Relkin Law Firm
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.
Nominated for 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 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
My argument to extend the reach of fraudulent conveyances to the date of commencement of Arbitration, accepted by the United States District
Court for the Southern District of New York, and repeatedly cited as controlling law.
I Specialize in Debtor and Creditor issues, Commercial Arbitration and Litigation, Judgment Collections, Bankruptcy Reclamations and Preferences, International Legal Issues and strong associations with international clients.
General Counsel and Executive VP of Import/Export Commodities Corporation.
New York County District Attorney's Office: Repeat Offender's Bureau, 1986.
- Arbitration & Mediation
- Business - Arbitration/Mediation, Consumer - Arbitration/Mediation, Family - Arbitration/Mediation
- Bankruptcy
- Chapter 11 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief
- Business Law
- Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
- Collections
- International Law
- Human Rights, Imports & Exports
- Perishable Agricultural Commodities Act
- 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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- English
- Managing Member
- The Relkin Law Firm
- Current
- 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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- Phi Beta Kappa
- Northwestern University
- 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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- 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
- Website
- Website
- Q. A Contractual Arb Award no one owes Def files Petition to Confirm, Plaintiff to Vacate, is response to filing also reqd?
- A: Cross-Petitions to Confirm and Vacate do need to respond to the extent possible, to the claims of the other party. The burden is on the party seeking to vacate, therefore, in addition to demonstrating (in the Petition to Vacate) the grounds for vacatur, the allegations of the Petition to Confirm should be denied or otherwise responded to. It is similar to a Complaint which requires each allegation made in support of the Petition to Confirm to be denied or admitted.
- Q. I received a cease and desist letter from my previous employer and I am wondering what I should do in regards to it?
- A: As hard as it may sound, ignoring the letter is the wrong decision. I am not saying that you need to shoot off a letter to the author. I am saying never disregard such a letter. It must be analyzed. What is the motive, what are your risks? You have not provided the substance of the letter, but it must have to do with one of two things: taking client lists or competition with your former employer. What is the basis for the letter? Is there an agreement you signed or is the attorney seeking to impose upon you some extra-contractual duty to your former employer? Competition or lists. I discount the issue of TM, but that could be possible, or, if you work in tech, copyright. Irrespective, you need an attorney consultation. Seek legal advice immediately since such a letter is either sent prior to the commencement of litigation or to put you on notice of a claim that will later be brought. Send the letter to an attorney who can think three steps ahead and who can advise you on what you should be doing. Send me an email if you want to discuss this further.
- Q. Can both parties Petition to Confirm, Correct, or Vacate a Contractual Arbitration Award?
- A: Let me unpack your question since there are a few parts. First, I understand that the opposing party has filed a Petition/Motion to confirm the Award and you want to vacate the Petition. Yes, you file in the same case (which is brought to confirm) in order to vacate the Award. The law is that, if a Petition to vacate is denied, the Award must be confirmed. Confirmation and vacatur are the two binary options (excluding a Petition to modify or request a clarification ruling from the Arbitrators). I would need more information about the present procedural position of the Proceeding to Confirm to give you a final answer on timing. You may have appeared in the proceeding to confirm and simply "opposed" the Petition to confirm. That is sufficient, but the best course (putting aside the reasons) is to move to vacate. If you want my response to your procedural question, which is now highly significant, you should send me the question to my email.
