Joseph N. Paykin

Joseph N. Paykin is a Partner in the Hinman, Howard & Kattell’s White Plains office and is a member of the Litigation practice group. Mr. Paykin is a seasoned trial attorney. He has extensive experience in commercial and corporate litigation. He has represented both plaintiffs and defendants in state and federal trial, appellate and bankruptcy courts.

Mr. Paykin handles a variety of cases, including federal and blue sky securities claims, securities class actions, consumer class actions, FLSA class actions, minority shareholder dissolution actions, restrictive covenant claims, breach of contract actions, legal malpractice actions, fraudulent transfer/alter ego actions, and industry and customer disputes before FINRA.

Joe provides counsel to private companies on a range of issues. This includes financing and capitalization options, negotiating asset purchase and sales agreements, and drafting legal agreements including but not limited to, restrictive covenants and nondisclosure agreements. He also lectures on strategies to prevent “corporate divorce.”

Mr. Paykin, a 1986 graduate of Johns Hopkins University, received his J.D. degree 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, Tennessee and Florida, the United States District Court for the Southern and Eastern Districts of New York, the United States District Court for the Northern District of Illinois, the Second Circuit Court of Appeals, the Fifth Circuit Court of Appeals, and the Seventh Circuit Court of Appeals.

Representative Cases

Fisher v. Big Squeeze (N.Y.) Inc., 349 F.Supp.2d 483 (S.D.N.Y. 2004) (Granted defendant’s motion to dismiss various trademark and contract counts)

Federal National Mortgage Association v. Quadrozzi, 40 Misc. 3d 1222(A) (Sup. Ct. Kings C’nty. 2013) (Upheld TrialCcourt’s dismissal of foreclosure proceeding due to bank’s failure to properly accelerate note)

In the Matter of Kasab, 137 A.D.3d 1135 (2d Dept. 2016) (Upheld Trial Court’s finding that NY Law does not permit dissolution of an LLC due to minority oppression)

In the Matter of Kasab, 137 A.D.3d 1138 (2d Dept. 2016)
(Upheld TrialCcourt’s rejecting claim seeking rescission of LLC’s operating agreement)

In the Matter of Therm, 132 A.D.3d 1137 (3rd Dept. 2015)
(Reversed Trial Court’s dismissal of claims holding that the statute of limitations for a fiduciary does not commence running until after termination of fiduciary relationship)

Kostyatnikov v. HFZ Capital Group, LLC, 212 A.D.3d 477 (1st Dept. 2023), 1st Dept., (Upheld claim  for alter ego and specific performance)

National Union Fire Insurance v. Bodek, 705 N.Y.S.2d 42 (1st Dept. 2000) (Upheld Trial Court’s verdict, after trial, that reverse pierced the corporate veil)

National Union Fire Insurance v. Pachnanda, 685 N.Y.S.2d 174 (1st Dept. 1999)

Nguyen v. FXCM Inc., 364 F.Supp.3d 227 (S.D.N.Y. 2019), SDNY
(Granted defendant’s motion to dismiss securities class action)

Sandcham Realty Corp. v. Sonnenschine, 667 N.Y.S.2d 257 (1st Dept. 1998) (Upheld judgment vacating answer due to defendant’s willful disregard of discovery demands)