Levin-Epstein, P.C. Third Quarter 2021 Highlights

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Dear Clients, Colleagues, and Friends:

As we continue to emerge from these unprecedented, challenging times with the Coronavirus pandemic, we want to convey our prayers and good wishes for your health and well-being.

Since the New York City government and major financial institutions and companies have recalled employees back to the office after the Labor Day holiday, the repopulation of Midtown Manhattan has brought businesses dependent on commuter business back to life. The opening of the heralded fine dining restaurant Le Pavillion NYC at One Vanderbilt, right next to Grand Central Station, is proof positive of Midtown’s resurgence.

Given the challenges over the third quarter, we are especially pleased to share with you some highlights for Levin-Epstein & Associates, P.C.

Our commercial contingency practice successfully resolved two separate plaintiffs’-side cases involving complex breach of contract issues. The cases were favorably resolved after years of litigation in arbitration and federal court. The favorable results obtained in these commercial contingency cases against top-tier law firms demonstrate our firm’s capability and wherewithal to support contingency cases. To the extent that you, or your colleagues, have cases where a contingency arrangement makes financial sense, please contact us regarding referral arrangements, with participation fees.

The firm’s other litigation achievements in the third quarter of 2021 include:

Americans with Disabilities Act Litigation.

- The firm representing management defendants in a so-called “wheelchair ADA lawsuit” obtained sanctions against the plaintiff’s attorney.

Management-Side Fair Labor Standards Act Litigation.

- The firm representing management defendants in a run of the mill FLSA case obtained sanctions against the plaintiff’s attorney for years of discovery stonewalling.

- The firm favorably settled several FLSA actions on the employer-side. Remarkably, after several years of litigation, we were able to obtain a dismissal without our management-side clients having to pay any settlement. This is a notable achievement.

Employee-Side Fair Labor Standards Act Cases.

- The firm favorably settled several FLSA actions on the employee-side in the Southern District of New York and the Eastern District of New York.

Contract Litigation.

- The firm favorably settled several breach of contract actions in Federal Court.

Creditor Work.

- The firm advised on several collection matters that dealt with bankruptcy issues.

The firm’s corporate achievements in 2021 include:

Out of Court Restructuring.

- The firm assisted a family business with a multi-million dollar debt obligation to a bank.

Commercial Lease Terminations.

- The firm assisted clients with invoking early termination rights under commercial leases.

Pro Bono Work.

- The firm assisted several pro bono clients with reviewing lease provision, bankruptcy considerations, and PPP and Cares Act legislation.

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.
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