Commercial Litigation and Business Disputes
We represent clients in a wide array of commercial litigation matters and business disputes before both state and federal courts, including appellate courts. These matters include contract disputes, enforcement of covenants and releases, promissory notes and guaranties, real estate disputes, fraud and anti-competition and antitrust matters, among others. We also aid clients in all aspects of settlement negotiations and alternative dispute resolution, including mediation and arbitration, such as matters before the American Arbitration Association and JAMS.
Selected commercial dispute representations by our attorneys:
- Defeated motions for temporary restraining order and preliminary injunction to prevent sale of business.
- Representation of world’s largest Jet Engine repair and overhaul company in pursuing several million-dollar debt resolved through settlement for over 97% of amount owed.
- Obtained substantial settlement for Dutch stainless-steel supplier in litigation against a U.S. based subcontractor for breach of contract, tortious interference and fraud, inter alia. despite having no written contract.
- Obtained reversal of summary judgment order against a client dairy supplier for failure to pay a promissory note given to its attorneys. Morse, Zelnick, Rose & Lander, LLP v. Ronnybrook Farm Dairy, Inc., 92 A.D.3d 579, 939 N.Y.S.2d 365 (1st Dep’t 2012) (Feldman & Associates).
- Won appeal upholding confirmation of arbitrator’s award in favor of client contractor. In re McIver-Morgan, Inc. v. Dal Piaz, et al., 108 A.D.3d 47, 964 N.Y.S.2d 515 (1st Dep’t 2013). (Feldman & Associates).
- Obtained summary judgment on behalf of jewelry design and manufacturing company before the New York Supreme Court, Commercial Division in connection with multi-million dollar suit to enforce settlement and security agreement. Madison Ave. Diamonds LLC v. KGK Jewelry LLC, 2015 WL 4977010 (N.Y.Sup.), 2015 N.Y. Slip Op. 31585(U) (Trial Order)
- Represented large manufacturer in billion-dollar arbitration against 46 states resulting in client obtaining maximum recovery possible.
Securities Litigation, White Collar and Government Investigations
The attorneys at Izower Feldman, LLP, represent clients in a wide range of matters involving allegations of securities, financial, accounting, or banking fraud by federal and state civil and criminal authorities as as by civil litigants. We routinely assist clients at every stage of the process whether it starts as an informal inquiry, formal investigation, through civil complaint, administrative proceeding or criminal indictment. We have represented targets as well as witnesses called upon to testify, and we have successfully helped clients under investigation avoid indictment and sanction and to reduce claims by providing sound advice and effectively advocating on behalf of our clients.
We appreciate the unique challenges confronting individual clients caught up in the high-stakes, often bewildering world of a governmental investigation. We work quickly to master the operative facts and the applicable legal framework, establish a channel of communication with the government and develop an action plan to help our clients manage the operational and reputational distractions that can go along with an enforcement inquiry. This personalized commitment to our clients is indispensable at what is likely one of the most trying times of their lives.
The firm’s attorneys also counsel companies, company management and boards of directors confronted with potential wrongdoing by their employees, officers, directors or others. Whether through internal investigations, or less formally, we help our clients determine and confirm the operative facts, formulate effective responses and implement policies to prevent recurrence. When appropriate, we work with clients to refer matters for enforcement, navigate governmental inquiries and contend with any related litigation.
Judgment Enforcement and Collection
Our attorneys are experienced in aiding our clients in the process of judgment enforcement and collection. We have assisted financial institutions, private lenders, lien holders and individuals, among others, in every aspect of the enforcement process, including bank account restraints, post-judgment examinations and discovery, foreclosure litigation, turnover proceedings and asset recovery. We also regularly engage and aid in the crafting of settlements and forbearance agreements and pride ourselves on always aiding and offering our clients alternative strategies to litigation, where feasible.
Selected enforcement and collection representations by our attorneys:
- Representation of banking conglomerate in enforcement of $20 million judgment, including locating and enforcing against U.S. based assets and managing co-counsel in several South American countries to enforce against identified assets located abroad.
- Representation of an Israeli-based company in multiple actions before the New York State Supreme Court and Appellate Division, First Department, in connection with the enforcement of a multi-million dollar judgment obtained from the Israeli District Court.
- Enforced a $44 million judgment on behalf of individuals against the Republic of Cuba, et al., and attached funds held at a major international bank.
- Obtained judgment after jury trial for 100% of claimed amount in “account stated” action; defended judgment against post-trial attempts to overturn the jury verdict.
Real Estate Litigation, Transactions And Counseling
We handle a wide variety of real estate matters for mortgage banking institutions including commercial foreclosures and transactional work, as well as for both building owners and commercial tenants. We litigate disputes on behalf of condominium and cooperative boards and assist them with operational matters. We also represent clients in the purchase and sale of commercial and residential properties.
Selected real estate-related representations by our attorneys:
- Representation of numerous banks and financial institutions in connection with multiple commercial loan enforcement and commercial property foreclosure actions before the New York State courts.
- Representation of a large-scale construction and development company in litigations following the collapse of $80 million of development projects in multiple actions in New York State Courts and in the federal District and Bankruptcy Courts of the Southern District of New York.
- Representation of developer of condominium units in Harlem, New York.
- Defended commercial property owners against an action by adjacent property owners for tortious interference with a lease, including securing an order of dismissal from the New York Supreme Court, Commercial Division (Ramos, J.) and obtaining an award of legal fees to the client as a sanction against the plaintiff and its attorneys for bringing a frivolous action.