A Lawyer’s Guide to Collecting Fees from Nonpaying Clients

Joshua Wurtzel | Schlam Stone & Dolan LLP

Josh’s practice focuses on high-stakes, complex commercial and real-estate litigation. Josh has successfully represented public and private companies and prominent individuals in both federal and state court. Through his focus on aggressive litigation and his ability to develop creative and novel solutions to complex disputes, Josh brings a unique, out-of-the-box perspective to his clients’ most-pressing legal needs. Josh is a regular contributor to several legal publications, including the New York Law Journal, and also lectures on cutting-edge legal issues in the commercial real-estate sector.

Before joining Schlam Stone & Dolan LLC, Josh was an associate at Weil, Gotshal & Manges LLP in its Securities Litigation and Corporate Governance group. Josh also previously worked as an intern for the Honorable Kiyo A. Matsumoto of the Eastern District of New York.

ADDITIONAL PUBLICATIONS

Published an article in Law360 explaining why the Second Circuit got it wrong in its recent decision holding that COVID is a force majeure event. 2nd Cir. Reasoning in COVID Force Majeure Case Is Flawed.

Published an article in the New York Law Journal arguing that the frustration-of-purpose doctrine cannot relieve commercial tenants of their obligation to pay rent during the COVID-19 pandemic. Can Commercial Tenants Really Avoid Rent During the Pandemic Using the Frustration-of-Purpose Doctrine?.

Published an article in the New York Law Journal advising commercial landlords how to deal with their nonpaying tenants during the COVID-19 pandemic. COVID-19 and the Commercial Landlord.

Featured in an article in Law360 concerning his October 2020 success in defeating an energy executive’s motion to dismiss a $2.5 million claim for breach of contract. Energy Exec Can’t Nix Suit Over $2.5M Tax Credit Settlement.

Published an article in the New York State Bar Association’s NYLitigator concerning commercial leasing issues arising out of the COVID-19 pandemic. Coronavirus and the Commercial Tenant.

Published an article in the New York Law Journal about how attorneys can continue to pursue their clients’ cases aggressively during the COVID-19 pandemic. Litigating Through the Coronavirus Crisis: How To Keep Your Cases Moving While the World Battles a Pandemic.

Featured in an article in the New York Law Journal concerning his December 2019 federal trial win against once-prominent real-estate developers. Brooklyn U.S. Judge Awards $4.5 Million, Finding Staten Island Man Defrauded Uncle and Breached Contract.

Jeffrey M. Eilender| Schlam Stone & Dolan LLP

Jeffrey M. Eilender is the co-managing partner of the firm and co-chair of the civil litigation group. His commercial litigation practice focuses on intra-corporate disputes and business separations, often when the future of the company or an owner’s net assets are at risk. These cases are usually hotly contested and, unfortunately, often involve adult siblings or heirs warring with each other over family businesses when the founder is no longer on the scene. Jeff has represented all of the players in a business divorce; the companies, majority owners, and dissenting or oppressed minority owners. He has also prosecuted and defended derivative actions. Many of his business divorce matters have resulted in groundbreaking court rulings that are often cited by other courts and are the subject of articles and blogs by other lawyers. Jeff also frequently writes and speaks on these issues.

Moreover, the scope of Jeff’s practice extends beyond intra-corporate disputes. With nearly 30 years of litigation experience, Jeff helps clients resolve virtually any kind of business conflict. He litigates all manner of real estate, contract, intellectual property, trade secrets, employment, fraud, and other business tort cases. Jeff represents large public entities, family businesses, and high net-worth individuals and celebrities such as AXA, Verizon, Oath (formerly AOL), ALP, Inc. (the company founded by artist Peter Max that owns and commercializes all of his art), Judith Regan, Perez Hilton, the Chetrit real estate family, the Lighthouse Group, Albert Einstein Medical School, Canon, and Ashkenazy Acquisition Corp.

A master of procedure, Jeff is noted for devising innovative solutions that other lawyers often don’t think of, which is why clients turn to Jeff for their most significant business matters.

Jeff regularly serves as lead counsel in trials and hearings in federal court, the commercial divisions of New York’s state courts, arbitral forums, and other venues around the nation, including in the Delaware Chancery Court.

As Jonathan Etra, a Partner at Nelson Mullins describes him, “Jeff Eilender, is a litigation powerhouse unto himself.”

Jeff has chaired the New York State Judiciary Committee for the Commercial and Federal Litigation Section of the New York State Bar Association. He also served on the Commercial Division (New York County) Advisory Committee, which advises the Bar Association’s Commercial Division on its practices. A frequent lecturer at the New York State Bar’s Commercial Litigation Academy and a panelist on commercial litigation issues, Jeff regularly edits and writes the firm’s New York Commercial Division Blog and has contributed to Bloomberg BNA’s 2017 Supplement to Litigating the Business Divorce.

ADDITIONAL PUBLICATIONS

• Frequent panelist on topics relating to the Commercial Division and commercial litigation in general
• Editor and contributor to the Firm’s New York Commercial Division Blog
• Contributor to the 2017 Supplement to Litigating the Business Divorce

I. What your retainer letters should include to give you the best chance of getting paid | 12:00pm – 12:20pm

II. When you can, and how to assert retaining and charging liens to secure payment | 12:20pm – 12:40pm

III. How you can successfully sue a nonpaying client and overcome the inevitable malpractice counterclaim | 12:40pm – 1:00pm