Joseph N. Paykin

Partner

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). In a recent reported decision, 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., 349F. Supp.2d 483(SDNY, 2004). 

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 numerous public and private negotiating and structuring asset purchases and sales.   A 1986 graduate of Johns Hopkins University, he 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 and Florida, the United States District Court for the Southern and Eastern Districts of New York and the Second Circuit Court of Appeals.