David H. Relkin

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.

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

• Perishable Agricultural Commodities Act

Connecticut

Since 1985

New York

New York State Office of Court Administration

Since 1986

2nd Circuit

Since 1992

United States District Court for the District of Connecticut

Since 1998

United States District Courts for the Southern and Eastern Districts of New York

Since 1986

Managing Member

The Relkin Law Firm

Current

Harvard University

other | Ancient Philosophy and Myth--Presocratics

1981 - present

Benjamin N. Cardozo School of Law

J.D. (1986) | Legal Studies

1983 - 1986

Honors: Moot Court Finalist Internship at Manhattan District Attorneys Office

Activities: Trial Preparation, Argument and Cross-Examination

Columbia University

History of Scientific Development--Epistemology

1985 - 1986

City University of New York - Graduate School & University Center

M.A. (1985) | Ancient Greek and Platonic Dialogues

1982 - 1985

Honors: Certificate of Merit

New School University

M.A. (1984) | Modern Continental Philosophy

1983 - 1984

Northwestern University

B.A. (1982) | Modern Philosophy -- Nietzsche

1978 - 1982

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

1980 - 1981

Honors: Honors

Phi Beta Kappa

Northwestern University

1986

New York State Bar  # 2137479

Member

1987 - Current

Association of the Bar of the City of New York

Member

1986 - Current

Business and Commercial Litigation--Fraudulent Conveyances

National Business Institute

November 1, 2016

Web Jurisdiction over out-of-state and foreign Entities

National Business Institute

2012

Judgments and Executions in and out of Bankruptcy

Duane Morris

2001

Reclamation of Goods or Their Value

Duane Morris

2001

Guaranties--Waivers and Applications in Bankruptcy

Duane Morris Reorganization and Finance Developments

2000

Hidden Liens--A Risk for an Uneducated Lender

Duane Morris-Developments in Bankruptcy Reorganization and Commercial Finance

2000

Letters of Credit-The UCP Trumps the UCC

Duane Morris-Developments in Reorganization and Comm. Finance Law

1998

Asset Securitization-Structured Finance and Bankruptcy

Duane Morris-Developments in Reorganization and Commercial Finance

1990

Hidden Liens--When relying on UCC filings are overturned, When a Lien is worthless, Bermuda

March 31, 2018

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

August 13, 2015

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

November 2010

Highest Rating

Justia

2009

Q. Can I sue hotels.com for booking a room in a hotel that doesn't exist for about a year?

14 February 2021

A: I haven't consulted hotels.com's terms and conditions on their website, however, a contract cannot exclude gross negligence (which is the case most likely) or fraud (which would have required them to have actually known the hotel was not operating) without a knowing waiver. I have dealt with online contracts before and they are interpreted against the interest of the website owner. Also, hotels.com would be considered a New York citizen for the purposes of commencing an action. I do not know the amount that you paid so I cannot offer further litigation advice but I would be happy to discuss the matter further. You can email me at David@Relkinlaw.com.

Q. Hello. I completed an arbitration request form with Greenfield Rehab/Nursing home and they assigned Chubb Insurance Co.

9 October 2020

A: The other side will certainly have counsel. If you want to protect your rights and win I recommend that you retain an attorney. I have handled over 100 arbitrations and would be willing to discuss the matter with you at your convenience. David@Relkinlaw.com 212-244-8722. www.Relkinlaw.com

Q. Hello, can you tell me how I, as a civil arbitrator, ensure that the award I render is legally binding?

24 June 2020

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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