David H. Relkin
Winning is about thinking three steps ahead: Litigation is like Chess
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.
- 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
- Free Consultation
- 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
-
- English
- Managing Member
- The Relkin Law Firm
- Current
- 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
- -
- 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
-
- Phi Beta Kappa
- Northwestern University
- New York State Bar # 2137479
- Member
- - Current
-
- Association of the Bar of the City of New York
- Member
- - 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
- Website
- Website
- Q. Do I need to reply to a lawyers Subpoena at the lawyers office for me as a witness? Do I have to even show up?
- A: It depends on the type of subpoena. If a subpoena duces tecum states a date and time for you to appear at the attorney's office, the answer is yes, you are required to appear with any documents requested. (I assume this subpoena was issued in proceedings after a judgment was entered against you.) You may be able to avoid appearing but only if you have a good faith basis to appear such as you will be out of the State, etc. Otherwise, if you fail to appear, the opposing side may obtain an Order of Contempt against you.
- Q. Business model legality and company formation?
- 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?
- 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 ... Read More
