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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.

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
Fees
  • Free Consultation
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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Languages
  • English
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
54 Questions Answered
Q. I must do a deposition and I have severe anxiety disorder. Can I do the deposition on video?
A: An application for a video deposition should succeed. Section 3113(b) of the Civil Practice Law and Rules allows for testimony to "be recorded by stenographic or other means[.]" Section 202.15 of the Uniform Rules for the New York State Trial Courts allows for depositions to be recorded using visual electronic recording. CPLR 3113(b) and 22 NYCRR 202.12 and 202.15 freely permit a party taking a deposition to record it on videotape. Jones v. Maples, 257 AD2d 53, 55-56, (1st Dep't 1999). Additionally, under Section 3103(a) of the CPLR the Court has wide discretion to preclude or appropriately limit the use of any particular disclosure advice. Jones, 257 AD2d at 56.

Based upon a doctor's letter (which should not be submitted to E-File but only provided to the Judge and opposing counsel with appropriate redactions) the Court should allow it in the first instance. Perhaps a letter to opposing counsel with the proposal first since the Court will then see, if you need to make an application, that you attempted a good faith negotiation. Courts hate dealing with discovery disputes and strongly encourage parties to resolve their differences by themselves. ... Read More
Q. I have a order to cease and desist letter what should I do?
A: I would need to read the cease and desist. There can be a whole background that I don't know. I can provide an answer if you provide more information. It should not be ignored.
Q. my parents got divorced in 2006 when they signed the papers it stated that both of them will have a college fund set up
A: He said "no" or he said he didn't set up the account? College funds are generally trust funds controlled by the Trustee who generally provides in the Trust fund document that he has discretion. That would prove a difficulty especially since you don't want to antagonize him. There is unfortunately no easy way to get information from the bank or Investment Fund that holds the assets without him knowing or without serving process (such as a subpoena) on the institution. Does your mother know anything? Perhaps she can confirm the existence and location of the account and perhaps even the nature of the Trust?
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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
Wednesday: 9:30 AM - 6:30 PM
Thursday: 10:30 AM - 9:30 PM (Today)
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
Wednesday: 8:30 AM - 6 PM
Thursday: 8:30 AM - 6:30 PM (Today)
Friday: 8:30 AM - 3 PM
Saturday: Closed
Sunday: 9:30 AM - 6 PM
Notice: Meetings by appointment are flexible.