News

Kantor Davidoff's Gallanty, Hoppe and Kokhba Prevail on Behalf of FDIC in Second Circuit (more...)
Kantor Davidoff litigators Alan Gallanty, Gary Hoppe and Daniel Kokhba successfully represented the Federal Deposit Insurance Corporation in opposing an appeal to the United States Court of Appeals for the Second Circuit.

The Second Circuit’s decision dismissing the appeal, as reported at Leagle.com, can be found by clicking on the following link: DLJ MORTGAGE CAPITAL INC. v. HALIFAX GROUP, LLC.

Jennifer Lee, has joined Kantor Davidoff as an associate (more...)
Jennifer Lee, a 2005 cum laude graduate of Brooklyn Law School, has joined Kantor Davidoff as an associate. Jennie was the Articles Editor of the Brooklyn Law Review and a Richardson Merit Scholar. She is a 2001 graduate of Dartmouth College. Jennie will primarily practice in Kantor Davidoff’s Litigation Group.

Herbert Kantor and Gary Hoppe of Kantor, Davidoff Obtain Favorable Decision from U.S. Tax Court on Behalf of Taxpayer (more...)
The firm recently successfully represented a taxpayer in a proceeding in the United States Tax Court to void several hundred thousand dollars of additional tax assessed by the IRS. Unbeknownst to the taxpayer, the tax returns at issue were fraudulently prepared by a rouge accountant who was in the midst of embezzling funds from the taxpayer’s business resulting in underpayments of tax by the taxpayer. The IRS claimed that the assessments were valid under the open period of limitations for fraud provided by IRC 6501(c)(1) because the taxpayer’s returns as prepared by the accountant were false or fraudulent returns. The Tax Court found that the IRS failed to prove that the accountant prepared and filed the taxpayer’s returns with the intent to evade tax, as opposed to the intent to cover up his embezzlement scheme with the underpayment of tax being incidental to his motive. Accordingly, the Tax Court found that the IRS’ assessments were not made within the three year civil limitations period of IRC 6501(a) and therefore should be vacated.

The decision is reported at City Wide Transit, Inc. v. Commissioner of Internal Revenue.

Courthouse News Reports on Action Filed by FDIC Represented by Alan Gallanty of Kantor Davidoff (more...)
The Courthouse News Service reported on a lawsuit recently filed by Kantor Davidoff on behalf of the FDIC, in its capacity as receiver for Washington Mutual Bank, to recover damages resulting from a mortgage fraud scheme.

A full copy of the article can be found by clicking here.

Mandelker Participates in Riveting International Conference on National Security and Civil Liberties (more...)
Joining a stellar array of Justices of the supreme courts of the United States, the United Kingdom and Israel; other jurists, leading constitutional scholars; business leaders and attorneys, Lawrence A. Mandelker recently headed to Buenos Aires to participate in a conference on National Security and Civil Liberties sponsored by NYU Law School. The thirty-five participants candidly discussed the role of courts in the fight against terrorism in the United States, the United Kingdom and Israel, the appropriateness and extent of judicial review of government and military decisions regarding security issues and constitutional arrangements for protection of rights in times of war and other security emergencies. Among the participants were U.S. Supreme Court Justices, Clarence Thomas and Elena Kagen, U.K. Supreme Court Justice Lord Jonathan Mance, and President of the Israel Supreme Court Dorit Beinisch. One evening the participants and their guests were feted at a cocktail party hosted by U.S. Ambassador Vilma Martinez at her residence.

Mandelker Appointed to Bar Association Task Forces (more...)
Lawrence A. Mandelker has been appointed to serve as a member of the New York City Bar Association’s Task Force on Residential mortgage Foreclosures. The Task Force includes lawyers, court officials, bank regulators, academics, economists and representatives of borrowers, lenders and servicers. It was created to study, and make recommendations for improving how residential mortgage foreclosures are handled in New York City’s courts. The Task Force hopes to assist all three affected constituencies: struggling homeowners, lenders with increasing inventories of non-performing loans and foreclosed properties and a court system inundated by rising caseloads at a time when it is operating with sharply diminished resources. Mr. Mandelker is a past New York City Bar Association committee chair and presently serves as a member of its Counsel on Judicial Administration.

Mr. Mandelker has also been appointed to serve as a member of the New York County Lawyers Task Force on the Judicial Budget. The Judiciary had originally proposed a $2.6 billion budget. Because of the gap between the State’s revenues and projected expenses, the judiciary’s budget was reduced by $170 million. Workers were laid off, certain services were curtailed and the ability to administer justice was severely stressed. The Task force will examine and report on the impact of these budget cuts on lawyers, litigants, the courts and most of all, the public. Mr. Mandelker is a past New York County Lawyers committee chair and has been designated as co-chair of the Task Force’s subcommittee on the civil term of the supreme court.

Gallanty Leads Defense Team Obtaining Dismissal of Securities Fraud Claims (more...)
Kantor Davidoff partner Alan Gallanty led the defense team that prevailed on a motion to dismiss securities fraud claims brought against the firm's client in the United States District Court for the Eastern District of Pennsylvania. In a June 10, 2010 decision in the action entitled Belmont v. MB Investment Partners, Inc., et al., the District Court granted the motion to dismiss all claims brought against Kantor Davidoff's client brought under both Federal and Pennsylvania state law.

Mandelker Meets With Turkish Judicial Delegation (more...)
Lawrence A. Mandelker was one of six members of the prestigious 23,000 member New York City Bar Association who met with a delegation of Turkish jurists and legal attaches on February 11, 2011. The delegation was participating in a ten-day, three-city tour sponsored by the State Department to study the structure, operation and management of courts in the United States. Mandelker is chairman of the Committee on Character and Fitness for the Ninth Judicial District and serves as a member of the City Bar Association’s Council on Judicial Administration.

Mandelker Obtains Order Permitting Liquidation by Private Sale (more...)
When a court orders that a real estate holding company be dissolved, it appoints a receiver to liquidate the property. Although the receiver has the authority to liquidate the property at a private sale, courts usually require liquidation by means of a public auction.
Recently, however, a receiver represented by Kantor Davidoff partner Lawrence Mandelker convinced the Supreme Court New York County to delete the requirement in the original order and allow the receiver to retain a team of real estate brokers to market the valuable Upper East Side property, pre-screen potential buyers and -- subject to the court’s approval -- sell the property at a negotiated sale. Based on their knowledge and experience in real estate, Mandelker and his client were able to convince the court that the procedure they were recommending was more likely to result in a market rate sale than a public auction would.

Impact of 2010 Elections on Real Estate Industry in New York City Discussed by Mandelker (more...)
A panel organized by the Community Housing Improvement Program recently addressed the impact of the 2010 elections in New York on owners of residential real estate in New York City. Kantor Davidoff partner Lawrence Mandelker was invited to be a panelist, along with Joseph Strasburg, president, Rent Stabilization Association; Robert Knakal, chairman, Massey Knakal Realty Services; and Martin McLaughlin, partner Connelly & McLaughlin Communications. Lois Weiss, a New York Post real estate columnist, moderated.

Panelists assessed the likely impact of the new governor’s housing agenda and new make-up of the State Senate. They analyzed how the need to close the State’s $9 billion budget deficit would likely shape the inter-actions among the new governor and both houses of the Legislature as they addressed issues such as the renewal and/or modification of rent regulation, and whether caps on property taxes would adversely affect the taxation of multi-family housing in New York City. The program was held at the New York Bar Association and attracted owners from throughout the City.

Lawrence Mandelker Interviewed about Goldman Sachs’ Limits on Electioneering Communications (more...)
The New York Times interviewed Kantor Davidoff partner Lawrence A. Mandelker for its recent article reporting that Goldman Sachs, which does business with the City of New York, had reached an agreement with New York City Public Advocate Bill deBlasio to forgo spending treasury funds on electioneering communications. Goldman’s right to make such expenditures was based on the recent Supreme Court decision in Citizens United v. FEC. Mandelker was interviewed about the effect of the agreement on Goldman’s other political spending, e.g. through political action committees and whether the agreement would serve as a model for agreements with other corporations doing business with New York City and other jurisdictions.

Judge Acquitted After Campaign Finance Trial (more...)
When newly elected Manhattan Surrogate Judge Nora Anderson was indicted for campaign finance violations, her veteran defense team immediately sought the assistance of Kantor Davidoff partner Lawrence A. Mandelker, a leading authority on the New York Election Law. Over the following months, Mandelker worked with the defense team to develop the successful strategy that led to Judge Anderson's acquittal.

Mandelker Appears on Television to Discuss Investigation (more...)
Kantor Davidoff partner Lawrence A. Mandelker recently appeared on television to discuss N.Y. Attorney General Andrew Cuomo's decision to recuse himself and appoint former New York Chief Judge Judith Kaye as independent counsel to conduct his office's investigation of N.Y. Governor David Paterson.

FDIC Retains Kantor Davidoff To Serve as Counsel in Mortgage Fraud Litigation (more...)
Kantor Davidoff partner Alan T. Gallanty has been retained to represent the Federal Deposit Insurance Corporation (“FDIC”) in its capacity as Receiver of Washington Mutual Bank, in connection with litigation pending in the United States District Court for the Eastern District of New York.  In the suit, the FDIC seeks damages in excess of Fifty Million Dollars arising out of an alleged mortgage fraud claimed to have been perpetrated against the Bank.

Mandelker Hired to Serve as Counsel in Election Law Case (more...)
Kantor Davidoff partner Lawrence A. Mandelker was hired to represent Data and Field Services, Inc. (“DFS”), which was organized in 2007 by the Working Families Party, one of five political parties recognized in New York State. During 2009, the Working Families Party enjoyed significant electoral success when, to the surprise of many, a large number of its candidates were elected to office. One of them was the first African-American candidate ever elected to public office from Staten Island.

Opponents of the Party have now brought a test case challenging its operations. The candidate had hired DFS to provide her with campaign management and field operations services. The opponents allege that the amount DFS charged the campaign was below market rate, thus constituting an undeclared corporate contribution. Trusted enough to have represented candidates and political parties across the ideological spectrum, Mandelker, has been hired to demonstrate that the prices charged by DFS represented fair market value.

Lawrence Mandelker Interviewed by The New York Times on Election Law Technicalities (more...)
The New York Times recently interviewed Kantor Davidoff partner Lawrence A. Mandelker concerning the undue reliance on technicalities that resulted in NYC Council Member Alan J. Gerson’s name being stricken from the September 15, 2009 primary ballot. A well known expert in the field, Mandelker was retained to institute a proceeding in New York State Supreme Court to restore Gerson’s name to the ballot. In commenting on the use of technicalities to remove candidates from the ballot, Mandelker told columnist Clyde Haberman: “Working to keep qualified people off ballots becomes more tawdry the older you get.”

Dismissal of $10 Million Federal Court Action, Obtained by Kantor Davidoff Partner Alan Gallanty, Reported in Banking Industry Magazine (more...)
The Secured Lender magazine profiled a decision from the Eastern District of New York in which the Federal District Court granted a motion to dismiss brought by a financial institution represented by Kantor Davidoff partner Alan Gallanty. The District Court dismissed the action brought against the lender seeking damages of over $10 million for breach of a loan commitment where the alleged “commitment letter” made clear that it was a proposal letter with no binding commitment to lend. As reported by the industry magazine, “the court set forth several factors for consideration regarding whether a loan proposal constitutes a binding commitment: ‘(1) the language of the agreement; (2) the context of the negotiations; (3) the existence of open terms; (4) partial performance; and (5) the necessity of putting the agreement in final form…’ The court noted, however, that the first factor is the most important” and “found the language of the agreement dispositive to dismiss the plaintiff’s claims.”

Lawrence Mandelker Appointed to New York City Bar Association’s Council on Judicial Administration (more...)
Kantor Davidoff partner Lawrence A. Mandelker was recently appointed to serve a second term as a member of the City Bar Association’s Council on Judicial Administration. The Council coordinates the activities of the Association's state court committees and addresses broad-based issues affecting the New York court system, including judicial selection, court restructuring, operations and finances. Mandelker last served on the Council from 2003 to 2006. He chaired the Council’s subcommittee on Pre-trial Practice in the State Supreme Court, and was the principal author of its report suggesting changes.

Mandelker formerly served as a member of the Association’s 2006 Task Force on Judicial Selection. He was chair of the Interim Recommendations subcommittee and principal author of that section of the Task Force’s published report. Over the past 35 years, he also has served as a member of the Association’s 2003 Task Force on Judicial Selection, Task Force on the New York State Constitutional Convention, Special Committee on Judicial Selection and Tenure and the Association’s committees on State Courts of Superior Jurisdiction, Energy, State Legislation and the Civil Court of the City of New York. From 1999 to 2002, he served as Chair of the Association’s Committee on Election Law.

Alan Gallanty Addresses Green Building Seminar (more...)
Kantor Davidoff partner Alan Gallanty addressed various legal issues presented by “green” and “sustainable” buildings at a seminar entitled “It’s Not Easy Being Green… What Lawyers Need To Know About Green Buildings”, sponsored by the American Land Institute for Continuing Education. The presentation included a review of government imposed requirements and incentives; rating systems for green buildings, including Leadership in Energy and Environmental Design (LEED); applicable statutes and regulations on the municipal, state and federal levels; contract issues that arise in connection with such projects; and possible litigation that may flow from green building developments.

Mandelker at Supreme Court Conference (more…)
Lawrence Mandelker was one of 30 lawyers and law professors who recently convened at NYU’s Villa LaPietra in Florence to discuss the Supreme Court, War Powers and the Electoral Process. Convened by U.S. Supreme Court Justice Clarence Thomas and NYU Law School Professor Richard Pildes, the conference provided an opportunity for three days of spirited off the record discussion of recent U.S. Supreme Court decisions concerning the President’s power to detain enemy combatants, the right of the Supreme Court to halt the 2000 Presidential election recount in Florida (Bush v. Gore) and the recent amendments to the Federal Election Campaign Act.

Hoppe Honors Chief Judge Kaye (more...)
Among the most meaningful celebrations of New York Chief Judge Judith Kaye's retirement from the bench was a party for Judge Kaye and her former law clerks. Kantor Davidoff partner Gary Hoppe was chosen as one of the speakers at the celebration. Judge Kaye had selected Hoppe to serve as her first law clerk when she was appointed to New York's high court.

Steven Wolfe Defends Widow From Unjust Charges (more...)
Kantor Davidoff partner Steven Wolfe obtained an order dismissing claims brought by the step-children of our client, the widow of their father, alleging that she wrongfully caused his death. Had they succeeded, the step-children, rather than our client, would have inherited one-half of two valuable properties that the widow and her late husband had jointly owned. In a related proceeding, another court also dismissed the step-children’s claim that more than $400,000 had been deposited in a joint bank account because of the widow’s allegedly fraudulent conduct.