David H. Relkin

David H. Relkin

The Relkin Law Firm
  • Arbitration & Mediation, Bankruptcy, Business Law ...
  • Connecticut, New York
Badges
Claimed Lawyer ProfileQ&ASocial MediaResponsive Law
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, M.A. Ancient Greek Philosophy, 1982.
New School for Social Research, New York, M.A. Modern European Philosophy, 1983.
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, 1986.

Practice Areas
    Arbitration & Mediation
    Business Arbitration, Consumer Arbitration, Family Arbitration
    Bankruptcy
    Chapter 11 Bankruptcy, Chapter 13 Bankruptcy, Chapter 7 Bankruptcy, Debt Relief
    Business Law
    Business Contracts, Business Dissolution, Business Finance, Business Formation, Business Litigation, Franchising, Mergers & Acquisitions, Partnership & Shareholder Disputes
    Collections
    International Law
    Human Rights, Imports & Exports
Additional Practice Area
  • Perishable Agricultural Commodities Act
Jurisdictions Admitted to Practice
Connecticut
Placeholder image for jurisdictions.
New York
New York State Office of Court Administration
Placeholder image for jurisdictions.
2nd Circuit
Placeholder image for jurisdictions.
United States District Court for the District of Connecticut
Placeholder image for jurisdictions.
United States District Courts for the Southern and Eastern Districts of New York
Placeholder image for jurisdictions.
Languages
  • English
Professional Experience
Managing Member
The Relkin Law Firm
Current
Education
Harvard University
other | Ancient Philosophy and Myth--Presocratics
- present
Harvard University Logo
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
Benjamin N. Cardozo School of Law Logo
Columbia University
History of Scientific Development--Epistemology
-
Columbia University Logo
City University of New York - Graduate School & University Center
M.A. (1985) | Ancient Greek and Platonic Dialogues
-
Honors: Certificate of Merit
Placeholder image for education.
New School University
M.A. (1984) | Modern Continental Philosophy
-
New School University Logo
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"
Northwestern University Logo
Laval University in Montreal
B.A. | French Philosophy and Art
-
Honors: Honors
Placeholder image for education.
Awards
Phi Beta Kappa
Northwestern University
Professional Associations
New York State Bar  # 2137479
Member
- Current
Placeholder image for professional associations.
Association of the Bar of the City of New York
Member
- Current
Placeholder image for professional associations.
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
29 Questions Answered
Q. Advice to sue Production company used our space without location release, caused criminal damage and harm to reputation
A: I need some clarification in order to give you a meaningful answer. What do you mean by "space" (indoors, outdoors, built up?); what do you mean "without location release" (other than someone "said" it could be used but the "permission" wasn't in writing)?; what do you mean by "criminal damage" (unless you mean intentional--though that might not rise to the level of "criminal") (and, if you have corrected the damage, what did it cost you; and, if you didn't, can you estimate the cost to repair the damage?); and why do you think it caused harm "to your reputation"? When a production company uses a location it generally becomes more valuable.
Q. How do I get a Brazilian arbitration court default judgment enforced in US (Probably Florida)
A: There are a few distinct issues involved in your inquiry: the recognition of a Brazilian Arbitration Award and the attachment of US Company assets. (In order to answer, I will of course assume all the facts you stated are true unless they are contradictory.) Even before reaching the question of whether you can have an American Court recognize the Brazilian Arbitration Award (which involves a close question under your facts since it is unclear whether the Brazilian Respondents actually appeared in the Brazilian Arbitration), the real question is whether you can reach the assets purchased by the Delaware Companies. This involves the law of fraudulent conveyances. There are two issues here: first, what was the consideration paid to the Brazilian entities (that you say have "fled") for their assets by the US Public Companies? Was it unreasonably low, or were they on notice that you had already brought a claim against those Brazilian entities? And, even if those questions were answered in the affirmative, whether the US Companies have so complicated the transfer of the assets that the reach of the Award could pierce those liability shields. Of course, I could look at the underlying documents to make an initial assessment, as could any expert in Arbitration and Fraudulent Conveyances, so you can locate my email on my website or on Justia.
Q. Am I still bound by an arbitration clause if the author of the contract is the one in breech of said contract?
A: You are asking a very common question. The question ordinarily comes up in the context of fraud, and not breach of contract. For instance, if the contract was fraudulent, is one bound by the terms of the contract, including the arbitration provision? While many believe that a contract induced by fraud abrogates the arbitration provision, this is false. In such a case, the parties must arbitrate the fraud since the arbitration provision provides for the manner of resolving even fraudulent conduct. This is because arbitration provisions are somewhat unique in that the other provisions of a contract induced by fraud could become unenforceable, while the arbitration provision does not. Thus, arguing from the extreme to the simple, yes, you are bound by the arbitration provision to resolve the dispute. The only case in which an arbitration provision may be stricken by a court is when the provision itself was induced by fraud, which is not your case as you presented it. I hope this helps.
View More Answers
Contact & Map
Former Offices: The Relkin Law Firm
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
Thursday: 10:30 AM - 9:30 PM
Friday: 10:30 AM - 9:30 PM
Saturday: Closed (Today)
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
Thursday: 8:30 AM - 8 PM
Friday: 8:30 AM - 6 PM
Saturday: Closed (Today)
Sunday: 9:30 AM - 6 PM
Notice: Meetings by appointment are flexible.