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United States District Court Southern District of New York
United States District Court Eastern District of New York
United States Court of Appeals for the Second Circuit
J.D. 1989 Washington University School of Law
B.A. 1986 Johns Hopkins University
Joseph N. Paykin
185 Madison Avenue
New York, NY 10016
Joseph N. Paykin is the senior partner of Hinman, Howard and Kattell’s New York City office. He 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.
Mr. Paykin’s 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 multi-million securities fraud claim; and prosecuting several multi million dollar breach of contract actions.
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, Sundcham Realty Corp. v. Sonnenschine, 667 N.Y.S.2d 257 (1st Dept. 1998); the New York Supreme Court’s 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 New York Supreme Court’s 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 Southern District Court’s granting of defendant's motion to dismiss plaintiff's claims for fraud, breach of fiduciary duty and civil conspiracy, Fisher v. Big Squeeze (N.Y.) Inc., 349F. Supp.2d 483 (SDNY, 2004). In more recent reported decision, the Second Circuit reversed the trial court’s entry of judgment for wrongful withholding of assets, Gowanus Indus. Park v. Arthur H. Sulzer Assocs., 436 Fed. Appx. 4; 2011 U.S. App; the New York Supreme Court’s granting of defendant’s motion to dismiss plaintiff’s breach of contract and breech of good faith and fair dealing claims, Elmhurst Dairy, Inc. v Bartlett Dairy, Inc., 2011 NY Slip Op 33264U (N.Y. Sup. Ct. 2011); and the Eastern District of New York’s granting of plaintiff’s motion for declaratory judgment that it had title to the Henry Street Basin and denied defendant’s claims of adverse possession, Gowanus Industrial Park v. HESS Corp., 2012 U.S. Dist. LEXIS 11368 (E.D.N.Y. 2012).
Mr. Paykin also counsels numerous private companies on various issues, including but not limited to: financing and capitalization alternatives; negotiating and structuring asset purchase and sales agreements; and drafting restrictive covenants, non-disclosure agreements, distribution agreements, and supply agreements.
He lectures on the possible strategies to avoid "corporate divorce."