David H. Relkin

I Specialize in Debtor and Creditor issues, Commercial Arbitration and Litigation, Judgment Enforcement and Collections, Bankruptcy Reclamations and Preferences, International Legal Issues, and have strong associations with National and International clients. I have over 35 years of legal experience and have handled both notable and common litigations and arbitrations.

Attended Northwestern University, B.A., City University of the State of New York, Ancient Greek Philosophy, Masters 1982; The New School for Social Research, New York, Modern European Philosophy, Masters 1983; Cardozo Law School, J.D., 1986.

I have written and lectured on a broad range of Legal Issues including: "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"; "Creative and Strategic Analysis To Win"; "How to Lose a Litigation"; "Is Arbitration still viable?"; and "RICO in Creditor Actions". Find new articles at linkedin.com/in/davidrelkinlaw or www.relkinlaw.com.

In a seminal case, I successfully made new law to allow a Creditor to extend the time to reach fraudulent conveyances to the date of commencement of an Arbitration, which is usually the first proceeding in arbitrable controversies. It also allowed recovery of salary/loan repayments from the insiders. The Decision was issued by the United States District Court, Southern District of New York, and is now a generally accepted "reach-back" provision under the UFTA and New York's Debtor and Creditor Law.

I have been in private practice since 2004. I was a partner in Duane Morris, a global law firm, from 2000 to 2004, General Counsel and Executive VP of Import/Export Commodities Corporation, from 1998 to 2000; a partner in Kreindler & Relkin, P.C. from 1987 to 1998, and New York County District Attorney's Office, Repeat Offender's Bureau, 1986.

• Perishable Agricultural Commodities Act

• Free Consultation

Connecticut

Since 1985

New York

New York State Office of Court Administration

Since 1986

2nd Circuit

Since 1992

United States District Court for the District of Connecticut

Since 1998

United States District Courts for the Southern and Eastern Districts of New York

Since 1986

Managing Member

The Relkin Law Firm

Current

Harvard University

other | Ancient Philosophy and Myth--Presocratics

1981 - present

Benjamin N. Cardozo School of Law

J.D. (1986) | Legal Studies

1983 - 1986

Honors: Moot Court Finalist Internship at Manhattan District Attorneys Office

Activities: Trial Preparation, Argument and Cross-Examination

Columbia University

History of Scientific Development--Epistemology

1985 - 1986

City University of New York - Graduate School & University Center

M.A. (1985) | Ancient Greek and Platonic Dialogues

1982 - 1985

Honors: Certificate of Merit

New School University

M.A. (1984) | Modern Continental Philosophy

1983 - 1984

Northwestern University

B.A. (1982) | Modern Philosophy -- Nietzsche

1978 - 1982

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

1980 - 1981

Honors: Honors

Phi Beta Kappa

Northwestern University

1986

New York State Bar  # 2137479

Member

1987 - Current

Association of the Bar of the City of New York

Member

1986 - Current

Business and Commercial Litigation--Fraudulent Conveyances

National Business Institute

November 1, 2016

Web Jurisdiction over out-of-state and foreign Entities

National Business Institute

2012

Judgments and Executions in and out of Bankruptcy

Duane Morris

2001

Reclamation of Goods or Their Value

Duane Morris

2001

Guaranties--Waivers and Applications in Bankruptcy

Duane Morris Reorganization and Finance Developments

2000

Hidden Liens--When relying on UCC filings are overturned, When a Lien is worthless, Bermuda

March 31, 2018

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

August 13, 2015

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

November 2010

Highest Rating

Justia

2009

Q. Business model legality and company formation?

December 19, 2024

A: Based on your description of your app, it should be legal in all 50 states. I am basing this opinion on your representation that there is no reference to betting sites on the app and you only provide "odds" based on your internal analysis--you provide no gambling services. However, since I am only familiar with California, Connecticut, and New York law, I cannot offer this opinion with complete certainty. Rather, it is based on my general knowledge of the limits imposed by other states on gambling sites. My contact information is above if you want to discuss this further.

Q. My photos are being used on SHEIN without my permission. What can I do about this?

December 19, 2024

A: I assume that your images are on Shein's website.

So long as you own your images (it wasn't a Shein photograph), they are using and they are using your image without your permission, especially in the case that they are using it for profitable purposes, there are two "causes of action" (legally valid theories of recovery) against Shein: (1) invasion of privacy through misappropriation of your name or likeness ("misappropriation"); and (2) violation of the right of publicity. (The "right of publicity" is a person's right to control and make money from the commercial use of his or her identity which I am assuming is the case here since it is on a commercial website where Shein is using your image for advertising purposes.) You can sue them and/or obtain an injunction to prevent their use of your image. I don't know whether you mind if they are using it (if they pay you) or rather have them delete the pictures from their website. My contact information is on the Justia website. ... Read More

Q. If I was left money and items by a person who passed away unexpectedly am I able to still get those? He never had a will

December 19, 2024

A: A person who dies without a Will (Intestate) leaves all of his real and personal property to his next of kin, in order of closeness. You say, however, that the personal property of the person who passed away (the Testator) is owned by you and that you have proof.

There are two ways forward: the first is to contact the "next of kin" and explain that the Testator was holding some items of personal property of yours and ask them to turn them over. If that becomes a bit testy, you can then advise that person that you can prove that you own each item. If that doesn't work, you can petition the Surrogates Court by an application against the next of kin to have them turned over by Court Order. (The propriety of this application is that it can be expensive and would only be appropriate if the value of the items held by the deceased is worth it [or, obviously if they have sentimental value]. I hope my advice will help you. My contact information is on the Justia site. ... Read More