David H. Relkin, Esq.

Litigation and Drafting of Agreements are not separate divisions as Big Law Firms believe, rather, it is only a litigator who can draft Agreements since he knows what is missing when he litigates, and vice versa.

If a customer or other debtor has reneged on an agreement to pay, or competed unlawfully against you, as examples — and you believe that you have grounds to file a lawsuit against the party responsible, how long do you have to file? This is one of the most important questions in any potential litigation. All potential lawsuits come with an expiration date, known as a statue of limitations.As its name implies, these time limitations are set forth in statutory law, independently established by… Show more

If a customer or other debtor has reneged on an agreement to pay, or competed unlawfully against you, as examples — and you believe that you have grounds to file a lawsuit against the party responsible, how long do you have to file? This is one of the most important questions in any potential litigation. All potential lawsuits come with an expiration date, known as a statue of limitations.As its name implies, these time limitations are set forth in statutory law, independently established by the legislative bodies of each state (as well as by the federal government, for federal causes of action). Because the statute of limitations for each cause of action varies from state to state and depends on the nature of the action, it is essential to bring your action to an experienced attorney in your state as soon as possible. As I describe my philosophy regarding litigation elsewhere on this site describes, the open global network creates further confusion; however, the key is anticipation. Talk to your attorney before you get into a position where litigation is the most advantageous route. Show less

Synopsis: For full Article follow link:

What Kind of Attorney Are You Looking For?
A Commercial Litigation Attorney Who Has Drafted the Agreements He Has Litigated–This is The Attorney You Should Look For.

Legal Representation is always about Strategic Analysis and Anticipation
You are seeking an attorney to advance or protect your interests in an action or other legal proceedings. An attorney is your “hired gun.” You may be only in a dispute or already in litigation—and… Show more

Synopsis: For full Article follow link:

What Kind of Attorney Are You Looking For?
A Commercial Litigation Attorney Who Has Drafted the Agreements He Has Litigated–This is The Attorney You Should Look For.

Legal Representation is always about Strategic Analysis and Anticipation
You are seeking an attorney to advance or protect your interests in an action or other legal proceedings. An attorney is your “hired gun.” You may be only in a dispute or already in litigation—and you may even be new to litigation–in truth you are in the land of the wild-west.

Modern Disputes involve new uncertainties: the direction and consequences of the dispute can involve any issue, any type of agreement, oral or written, personal or corporate, local or international.
The New Commercial Paradigm
Modern Commercial Entities Must Now Continually Recreate Themselves
You Must Stay on The Crest of The “Constantly Evolving Present”
You Must Ensure Perpetual Review of Your Commercial Inter-Relationships
These goals are, in an unwieldy phrase, Consistent, Strategic, Creative “Anticipation-Analysis”.

The Old Law Firms Are Dying
You need to consider the qualities of your attorney before you get into a litigation morass or misunderstandings about goals which lead nowhere. I believe that most law firms nowadays are moribund, which will pass out of the legal world.
A client also needs a financial arrangement which is flexible or proportionate to the amount in dispute and the protection you receive. I have, since I founded this firm, worked with clients to achieve alternate methods of determining fees in appropriate circumstances so that a win does not turn into a loss.

This is why I have called our practice The New Law Firm. Show less

Where do most credit professionals obtain their information? I ask so that you can begin sleeping at night. I think it is a question that all credit executives must answer. UCC's. But do you perform an actual UCC search (and only in NY where the debtor is located). Where else? How do you determine whether the debtor has been sued—or is being sued now and for what?—Given my background in representing the biggest banks, Republic, IDB, Manufacturers Hanover, Chemical, NCNB, Security Pacific… Show more

Where do most credit professionals obtain their information? I ask so that you can begin sleeping at night. I think it is a question that all credit executives must answer. UCC's. But do you perform an actual UCC search (and only in NY where the debtor is located). Where else? How do you determine whether the debtor has been sued—or is being sued now and for what?—Given my background in representing the biggest banks, Republic, IDB, Manufacturers Hanover, Chemical, NCNB, Security Pacific, Midlantic, I have written hundreds of guarantees. You don't need a three page guarantee in small type. It can be in the credit app and signed by a principal. But, how do you check that he really is a principal? Has the company just undergone a restructuring, laid off personnel, has the company done an LBO? Although I am a member of the National Association of Credit Professionals and have represented Banks for 20 years—I wonder what is in and what is not in that Credit app.The credit application must contain some seriously important things. I know because of synergy: I have drafted docs for huge loan facilities, and I have litigated those documents against a secured creditor. The other rule is anticipation--there is no alternative.Relying on other credit professionals is a tricky business: you don’t rely on third-party sources to verify facts, for instance, do you get the name of the accountant to obtain a certified statement--most people won't give it because it reveals shareholder equity and off-balance sheet receivables or debts. And find out their true corporate name and do it at the Secretary of State level. DOS.GOV.
The information you gather about a customer is only as good as the sources. See my last post.
David H. Relkin, Esq., 212-244-8722,
http://www.Relkinlaw.com
http:/www.linkedin/in/relkinlaw/
http://about.me/relkinlaw.
My next article to post on Word Press.com about "Across state and national lines—do they prevent the debtor from hiding?"
Show less

Bankruptcy Code and Litigation Issues; focusing on Secured and Unsecured Committees; Issues of Disinterestedness and Absence of Conflicts

Fraudulent Conveyances are/but not often key issues in Lending Relationships. An LBO essentially is using the Debt of a Corporation to pay for its Acquisition. Extensive Litigation in Fraudulenbt Conveyances and Preference Defense for Credit Managers

Ironically, retaining our services is generally the best chance you have of getting paid without going to court. For example, if you sold goods to another company unwilling to pay based on what you and your attorney believe to be a frivolous argument. If the goods are still merchantable, you can resell them, even for a loss, and recover the difference from the intransigent buyer, plus incidental costs of re-shipping and interest at 9% per annum in NY. Many people reject the option of retaining… Show more

Ironically, retaining our services is generally the best chance you have of getting paid without going to court. For example, if you sold goods to another company unwilling to pay based on what you and your attorney believe to be a frivolous argument. If the goods are still merchantable, you can resell them, even for a loss, and recover the difference from the intransigent buyer, plus incidental costs of re-shipping and interest at 9% per annum in NY. Many people reject the option of retaining counsel because they don't want the costs and time to recover damages. But retaining an attorney can simply be strategic: threatening the defendant with legal fees plus your damages. Often a recalcitrant buyer with no case quickly settles once he sees you have retained counsel. Often, the defendant just needs to see that you are serious before they will pay. A strategic attorney knows when to file an action, which may be just enough for the defendant to pay. (We have drafted many contracts that give you an edge as a seller to a frivolous defense.) in this type of case, your damages are the price you charged, plus interest from the date the goods were delivered, and other incidental expenses arising out of a resale. Often the best way to avoid litigation is to retain counsel to show the defendant that you are not bluffing. The Relkin Law Firm has extensive experience in every type of Alternative Dispute Resolution – Mediation, Settlement, Arbitration – and Confirming Awards as Judgments.We are known to get you the best results for the lowest cost. David H. Relkin has handled over 150 Arbitrations and Trials and are always prepared to file a legitimate action when the defendant's offer, if any, is insufficient--the threat of litigation often makes the defendant willing to settle the case early to avoid legal costs to defend a losing hand. Show less

Due to the Powerful nature of the Web, American Suppliers and Purchasers may be able to sue their foreign counterparts here in the US for damages.
Also, under the Anticybersquatting Act, a Domain Name has an equitable Trademark aspect to it, allowing a Domain Holder to sue in Federal Court to regain the Domain Name and/or seek Damages against a cyber pirate or third-party purchaser.

The swift-footed creditor can get 100% of his claim paid after his customer has filed bankruptcy under the Reclamation Section of the Bankruptcy Code. I have been successful on this very time- sensitive issue many times including the Levitt's Mattress Bankruptcy.
This is a typical situation in a LBO or asset purchase agreement where the entity is left without sufficient capitalization. An LBO or Leveraged Buyout occurs where the Company's own assets act as security to finance the… Show more

The swift-footed creditor can get 100% of his claim paid after his customer has filed bankruptcy under the Reclamation Section of the Bankruptcy Code. I have been successful on this very time- sensitive issue many times including the Levitt's Mattress Bankruptcy.
This is a typical situation in a LBO or asset purchase agreement where the entity is left without sufficient capitalization. An LBO or Leveraged Buyout occurs where the Company's own assets act as security to finance the acquisition. LBO also generate fraudulent Conveyances, allowing a Creditor to sue the transferee of the assets of the LBO, usually the out-going management for fraudulent transfers. Show less