Levin-Epstein and Associates, P.C. Second Quarter 2025 Highlights

Dear Clients, Colleagues, and Friends:

We are pleased to share a significant litigation milestone as the firm has successfully defeated TD Bank, N.A.’s motion for summary judgment in our putative class action brought on behalf of 85 Chinese EB-5 investors. The case involves a breach of escrow agreement concerning over $50 million in investor funds. Our victory underscores our firm’s ability to effectively litigate against institutions with virtually unlimited resources.  We remain steadfast in our commitment to vindicating our clients’ rights.

Our commercial contingency and judgment enforcement practices are designed to assist small and medium sized businesses unlock hidden value on their balance sheets. We assist businesses in the monetization of actionable breach of contract claims, unpaid invoices, outstanding judgments, and other commercial receivables through strategic litigation and enforcement efforts. In this capacity, our firm serves not merely as legal counsel to protect our clients’ interests, but as a strategic partner dedicated to advancing our clients’ financial objectives and bottom lines.

Notable achievements for our commercial contingency and judgment enforcement practices in the second quarter of 2025 include the resolution of several plaintiffs’ commercial contingency breach of contract cases and the monetization of federal and state court judgments. If your company or client has suffered from a counterparty’s breach of contract or is owed payment on outstanding invoices, our firm can assist in promptly enforcing your rights.

The advisory side of our practice has been particularly active with the continued rise in ADA accessibility claims for companies with consumer-facing websites. Last year, there were over 4,100 such suits nationwide and industry forecasts suggest this could approach nearly 5,000 by year-end 2025.  We have also observed a marked uptick in cybersecurity and data privacy lawsuits, as regulatory scrutiny and litigation risks in these areas continue to intensify.

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We want to thank you for contributing to our continued 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. 

Sincerely yours,

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