Levin-Epstein P.C. Newsletter Q1 & Q2 of 2018

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We are excited to announce that Jason Mizrahi, Esq, has joined the firm as an associate attorney. Prior to joining the firm, Jason worked at a boutique litigation and bankruptcy firm located in Manhattan. His practice focuses on commercial litigation, bankruptcy litigation, and corporate matters. He has handled a wide variety of matters for constituents in the hospitality sector including drafting operating agreements, negotiating leases, and regulatory work. He has also advised clients on a variety of corporate and litigation matters.  

It is also my great pleasure to share with you some exciting developments at Levin-Epstein & Associates, P.C. in the first-half of 2018. The firm's litigation achievements include: 

  • Judgment Enforcement. The firm obtained the vacatur of a default judgment in the amount of $1.2M entered in the United States District Court for the Southern District of Florida. Federal Courts in Florida are a notoriously difficult venue to reopen a judgment; fewer than 1% of cases are successful in getting a default judgment vacated where sufficiency of service was not challenged. 
  • International Judgment Enforcement. The New York Law Journal featured an article that I wrote in its "Expert Analysis - Outside Counsel" column on serving process by mail on defendants pursuant to the Hague Service Convention. 
  • Business Divorce. The firm successfully defended a business owner in a "business divorce" case shoehorned into federal court as an intellectual property case before the United States District Court for the District of New Jersey. Following briefing on our motion to dismiss the lawsuit, the case settled for nuisance value. 
  • Fair Labor Standard Act/Wage-and-Hour. The firm obtained a favorable decision for corporate defendants on a motion for conditional certification of a collective action in the United States District Court for the Southern District of New York. This case stands as one of the few cases where a Federal Court has denied a motion for collective certification in a so-called "FLSA/Wage-and-Hour" case. 
  • Bankruptcy Litigation. The firm obtained an affirmative recovery in the amount of over $1M for a creditor in an adversary proceeding in the United States Bankruptcy Court for the District of Delaware.  
  • Contingency Litigation. On a motion to vacate an arbitral award before the United States District Court for the Southern District of New York, the firm successfully defended its trial-victory for a wrongfully terminated executive in a breach of contract case. The New York Law Journal included the decision of the federal court upholding the trial court's decision in its "Decision of Interest" column. 

The firm's corporate achievements include: 

  • Commercial Lease. The firm negotiated a lease for a mixed-use property for approximately 22,000 sq. ft. located near Hudson Yards.
  • General Counsel. The firm was able to monetize two agreements that the firm has drafted on behalf of firm clients through the invocation of the artfully drafted "prevailing party" clauses contained in the arbitration clause to obtain a fast and favorable settlement on behalf of the clients. 

Recently, I was selected for inclusion in the 2018 New York Metro Super Lawyers List as a "Top Rated Business Litigation Attorney," a distinction awarded to only 2.5 percent of lawyers practicing in the New York metro area. I hope that you continue to refer clients to us and continue to be part of our success. You know us, you know our experience, and you know the quality of our work. We would be most grateful to be retained in these areas, among others:

  • litigation before trial or appellate courts or administrative bodies, especially matters involving real estate, partnership disputes, and creditors' rights; 
  • litigation avoidance - the crucial effort to negotiate agreements to resolve disputes before they cross the threshold of the courthouse; 
  • domestic and international arbitration and mediations; 
  • bankruptcy litigation and creditors' rights work, including avoidance actions, preference actions, discharge and dischargeability actions; 
  • employment litigation in all aspects of employment law, including issues involving restrictive covenants and trade secrets, wage-and-hour issues, Fair Labor Standards Act issues, and breach of contract issues; 
  • business divorce litigation, including contested stock valuations, derivative actions and other disputes between owners of closely held business corporations; 
  • counseling and strategic planning that defy easy categorization, requiring a deep understanding of the pertinent legal issues and also of the business (and sometimes personal) considerations that must be taken into account to reach a favorable outcome; and 
  • representing investors, restauranteurs, restaurant management companies, and chefs in New York City's hospitality sector.
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