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David H. Relkin

Strategic Solutions to Legal Problems
  • Arbitration & Mediation, Bankruptcy, Business Law ...
  • Connecticut, New York
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Claimed Lawyer ProfileQ&AResponsive Law
Summary

Northwestern University, B.A., Honors in Philosophy.
Attended Harvard, Columbia University, and Leval University [Montreal] -----
Canada's Oldest University for Advanced Degrees.
City University of the State of New York, New York County, M.A. Ancient Greek, and Philosophy, Plato.
Writer and Lecturer on 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, Office in Paris with 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.

Practice Areas
  • Arbitration & Mediation
  • Bankruptcy
  • Business Law
  • Collections
  • International Law
Jurisdictions Admitted to Practice
Connecticut
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New York
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2nd Circuit
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Professional Experience
Managing Member
The Relkin Law Firm
Current
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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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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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
Websites & Blogs
Website
Website
Legal Answers
1 Questions Answered

Q. Hello, can you tell me how I, as a civil arbitrator, ensure that the award I render is legally binding?
A: Your Arbitration is pending in New York so the controlling statutes are in the Civ.Prac.Law.Rules, specifically 7510 and 7511--these statutes specifically deal with the Confirmation and Vacatur of an Award. There are some additional attendant statutes that may seem obvious but I will cite them anyway so you have a fuller understanding. 7507 states: "the award shall be in writing, signed and affirmed by the arbitrator making it within the time fixed by the agreement." It goes on to say: "The arbitrator shall deliver a copy of the award to each party in the manner provided in the agreement, or, if no provision is so made, personally or by registered or certified mail, return receipt requested." Now, focusing on the specific issues of the ruling. 7510 states: The court shall confirm an award upon application of a party made within one year after its delivery to him, unless the award is vacated or modified upon a ground specified in section 7511. Therefore, we must review 7511. There are two substantive cases to vacate: the first is when both parties appear and participate; the second is when one of the parties does not appear. 7511(a): The award shall be vacated on the application of a party who either participated in the arbitration or was served with a notice of intention to arbitrate if the court finds that the rights of that party were prejudiced by: (i) corruption, fraud or misconduct in procuring the award; or (ii) partiality of an arbitrator ...; or (iii) an arbitrator, ...making the award exceeded his power or so imperfectly executed it that a final and definite award upon the subject matter submitted was not made; or (iv) failure to follow the procedure of this article, unless the party applying to vacate the award continued with the arbitration with notice of the defect and without objection. The keys to enforcing the Award is that the Arbitrator not act with fraud (i), partiality-which is an undisclosed relationship--it does not mean that you believed one party and not the other; (ii) exceeding your power simply refers to the nature of the dispute as limited by the arbitration provision in the contract. Thus, if two parties dispute who should pay for something that the receiving party claims was defective, you can award damages to the seller (based on believing his claim that the goods conformed to the contract, or that the buyer failed to reasonably notify the seller and allow him to cure. If you go outside the nature of the dispute and insert in your award something having nothing to do with the dispute, such as a claim against another company for the damages, you will have exceeded your authority. Also, certain arbitration provisions exclude attorneys' fees. This has been litigated: some courts have allowed them under the general powers of an Arbitrator, most do not allow them. One of the arguments for granting attorneys fees is an argument I have successfully confirmed. Paragraph (iv) wipes out any argument that the loser made during the Proceeding, if the party continued with the arbitration knowingly, without objection. Without objection has been litigated, and Courts generally require the objecting party to walk out--a tough decision because they are putting all their chips on "red." The other basis for vacating an award applies when one of the parties simply does not appear. My room to answer this question is limited, so I will try to answer the balance of your question under the same question; however, if I am unable, or you have any other questions, you can call me at 212-244-8722, or David@Relkinlaw.com. I hope this was helpful.
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Contact & Map
Law Offices of David H. Relkin
575 Eighth Avenue
Suite 1206
New York, NY 10018
Telephone: (212) 244-8722
Fax: (212) 244-8722
Monday: 8 AM - 7:30 PM
Tuesday: 8 AM - 6 PM
Wednesday: 9:30 AM - 9:30 PM (Today)
Thursday: 10:30 AM - 9:30 PM
Friday: 10:30 AM - 9:30 PM
Saturday: Closed
Sunday: 12 PM - 6 PM
Notice: Flexible scheduling.
The Relkin Law Firm
Office
15 Stewart Place--12 D
White Plains, NY 10603
Telephone: (212) 244-8722
Monday: 8:30 AM - 8 PM
Tuesday: 8:30 AM - 8 PM
Wednesday: 8:30 AM - 8 PM (Today)
Thursday: 8:30 AM - 8 PM
Friday: 8:30 AM - 6 PM
Saturday: Closed
Sunday: 9:30 AM - 6 PM
Notice: Meetings by appointment are flexible.