Joseph N. Paykin is an experienced trial attorney who has been involved in all aspects of commercial and corporate litigation representing both plaintiffs and defendants in state and federal trial, appellate and bankruptcy courts. Representative cases include prosecuting and defending federal and blue sky securities claims, including securities class actions; minority shareholder dissolution actions; restrictive covenant claims; breach of contract actions; legal malpractice actions; fraudulent transfer/alter ego actions; as well as industry and customer disputes before the NASD. Presently Mr. Paykin is, among other matters: actively defending an action to pierce the corporate veil, prosecuting a complex, multi-million dollar tax certiorari proceeding; and prosecuting a multi-million-dollar claim for violation of §43(a) of the Lanham Act.
Mr. Paykin has more than 20 reported decisions, among them: the Appellate Court’s affirmation of an award of contempt, striking defendant’s answer and entering a judgment for six-hundred and fifty-thousand dollars in our client’s favor, Sandcham Realty Corp. v. Sonnenschine, 667 N.Y.S.2d 257 (1st Dept. 1998); the dismissal of defendant’s appeal and rejection of defendant’s attempt to interpose an argument that federal securities violations invalidated a bond and promissory note held by a holder in due course, National Union Fire Insurance v. Pachnanda, 685 N.Y.S.2d 174 (1st Dept. 1999); the affirmation of the trial court’s order reverse-piercing the corporate veil, holding a corporation responsible for the debts of its de-facto shareholder, National Union Fire Insurance v. Bodek, 705 N.Y.S.2d 42 (1st Dept. 2000); the District Court granted defendant’s motion to dismiss plaintiff’s claims for fraud, breach of fiduciary duty and civil conspiracy, Fisher v. Big Squeeze (N.Y.) Inc., 349 F.Supp.2d 483 (S.D.N.Y. 2004); the Second Circuit reversed judgment entered by the District Court because it found that a property owner has no affirmative duty to research title to a vessel when such vessel was abandoned on such property owner’s property. Gowanus Industrial Park v. Arthur H. Sulzer Associates, 436 Fed. Appx. 4 (2d Cir. 2011); the Trial Court denied plaintiff’s motion to renew because the plaintiff failed to exercise due diligence in submitting initial papers to the Court. Federal National Mortgage Association v. Quadrozzi, 40 Misc. 3d 1222(A) (Sup. Ct. Kings C’nty. 2013); the Appellate Division, Third Department reversed the Trial Court’s dismissal on statute of limitations and held that the time to commence a lawsuit against a fiduciary does not commence running against until such fiduciary resigns. In the Matter of Therm, 132 A.D.3d 1137 (3rd Dept. 2015); and the Second Department affirmed the Trial Court and held that allegations of oppression do not constitute grounds to dissolve a limited liability company. In the Matter of Kasab, 137 A.D.3d 1135 (2d Dept. 2016).
Mr. Paykin also counsels numerous private companies on their various financing and capitalization alternatives. These include, but are not limited to, going public via reverse merger, IPO’s and private placements. Likewise, he represents public and private negotiating and structuring asset purchases and sales. A 1986 graduate of Johns Hopkins University, he received his J.D. in 1989 from Washington University School of Law. He is admitted to the practice of law in the courts of the States of New York and Florida; the United States District Court for the Southern and Eastern Districts of New York; the District Court for the Northern District of Illinois; the Second Circuit Court of Appeals; and the Seventh Circuit Court of Appeals.