Law Office of David J. Abeshouse
I help entrepreneurs, professionals, and companies who have been stung personally, professionally, and financially by a painful business dispute, often at the hands of a partner, contractor, vendor, associate, or other affiliate. My practice is dedicated to resolving clients’ business disputes creatively through arbitration, mediation, or court litigation to achieve success and peace of mind. Some disputes require outright litigation battle to achieve resolution. Others are more susceptible to 'creative' business dispute resolution. This means looking for solutions beyond the obvious. It also involves attempting to achieve results that are beneficial or at least palatable for both sides rather than mechanically resorting to bashing each others' heads in (a process that principally benefits the lawyers' pockets) simply because the lawyer doesn’t know how to do anything else. It also can lead to exploring whether there's a possibility for presently warring parties to work together in future. I place particular emphasis upon effective, responsive communication with clients, helping to inform and guide them through the often unfamiliar and confusing maze of business litigation and alternative dispute resolution (ADR). Other central services include helping clients avoid business disputes by performing litigation risk management (troubleshooting for potential areas of litigation liability) as well as drafting, reviewing, and/or negotiating confidentiality and non-competition agreements, commercial leases, and other types of contracts. My firm practices primarily in New York State and Federal trial and appellate courts, and before arbitrators and mediators in the New York metropolitan area. I provide Alternative Dispute Resolution (ADR) consultation services to other lawyers, and serve frequently as New York local counsel to out-of-state lawyers or companies involved in litigation in this region, respecting and protecting referring professionals' relationships with their clients. My practice background includes clerkship with a federal Magistrate-Judge early in my legal training; service with a significant midtown Manhattan law firm; more than a decade as a partner in a medium-sized, high-quality Long Island law firm; and, since 2000, managing my own firm. In addition to my law practice, I devote significant efforts to my service as a professional neutral commercial arbitrator for several major forums and as a private professional neutral commercial mediator. As an arbitrator, I hear and adjudicate business dispute cases, rendering binding Orders and Awards that are legally enforceable in court. As a mediator, I facilitate consensual (non-binding) resolution of business disputes, resulting in the parties' written settlement agreement. In each of my capacities, I handle conflict management in the context of business dispute resolution. I also have personal experience running a small business: Since 1988, as President of a domestic real estate company owned by an Australian client, I have managed autonomously the commercial real estate holdings of this entity, acting in all respects as a commercial landlord concerning property in Manhattan. Background: Admitted to practice in New York State, before Federal trial and appellate courts in New York, and before the United States Supreme Court Arbitrator, National Commercial Panel of Neutrals, American Arbitration Association, 2002 - present Arbitrator, Commercial Panel of Neutrals, International Centre for Dispute Resolution, 2004 - present Arbitrator, Commercial Panel of Neutrals, National Arbitration Forum, 1999 - present Mediator, Panel of Neutrals, National Arbitration Forum, 2006 - present Arbitrator, Commercial Panel of Neutrals, Institute for Conflict Mangement (ICMADR) 2006 - present Private Mediator (non-forum; including designated mediator in corporate, partnership, and LLC entity creation agreements) * * * * * Chairperson, Nassau County Bar Association Alternative Dispute Resolution (ADR) Committee (2004-06) Member, Board of Directors, The New York Virtuosi Chamber Symphony, a New York-based not-for-profit professional orchestra (1988 - 2000; President, 2000 - 2002; General Counsel, 2002 - 2007) Member, Board of Directors, Health and Business Alliance, Inc. (2004 - present)(not-for-profit) Member, Board of Directors, Long Island Entrepreneurs Group, Inc. (2003 - present)(not-for-profit) Co-founder, Attorney Round Table (Nassau County, 2001 - present) Senior Advisor, International Legal Malpractice Advisors, LLC (Washington, D.C.)(2004 - present) Member of numerous other national, New York State, New York City, and local bar associations and committees focusing on Business Litigation and ADR University of Pennsylvania (B.A.); Vanderbilt University School of Law (J.D.) 'AV' (highest) peer rating by Martindale-Hubbell for Legal Ability and Ethical Standards (1995 to present) 'CV, BV and AV are registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. AV Peer Review Rating — shows that a lawyer has reached the height of professional excellence. He or she has usually practiced law for many years, and is recognized for the highest levels of skill and integrity.' Member: Gotham Networking; East Meadow Chamber of Commerce; and other organizations Available for speaking engagements. Sample of Reported Cases: Living Music Records, Inc. v. Moss Music Group, Inc., 827 F. Supp. 974 (S.D.N.Y. 1993); Sheldon Rabin, M.D., P.C. v. Gary S. Hirshfield, M.D., 223 A.D.2d 535, 636 N.Y.S.2d 117 (2d Dept. 1996); Marshall Rattner v. Village of Pleasantville, 611 F.Supp. 648 (S.D.N.Y. 1985); Bishop v. Rubin, 228 AD.2d 222, 643 N.Y.S. 2d 108 (1st Dept. 1996); DeSouza v. Sbarro, Inc., 221 A.D.2d 309, 635 N.Y.S.2d 475 (2d Dept. 1995); DiPaolo Machine Works, Ltd. v. Prestige Equipment Corporation, 998 F. Supp. 229 (E.D.N.Y. 1998); Sciarra v. Medical World Communications, Inc., 728 N.Y.S.2d 748 (2d Dept. 2001). What distinguishes my service from that of other lawyers: I give extremely responsive, patient, and timely personal attention to client questions and matters; encourage open, frequent communication between attorney and client. I am appropriately aggressive in litigated matters, yet able to settle matters out of court when advantageous to my client. I am personally involved in every client matter, and do not delegate cases to inexperienced junior colleagues unfamiliar with the case or the law. My service as a professional neutral arbitrator (essentially a private judge) for two national ADR forums provides an 'insider's' perspective on the ADR/litigation process. I have access to an unusually broad and deep cultivated personal network of top-notch professionals, ranging from specialty practice lawyers (through helping to run a lawyers' networking group) to accountants to most other service providers; refer business to my clients. I refrain from accepting matters outside my areas of practice (not a 'jack-of-all-trades'); instead, energetically participate in the process of recommending other professionals appropriate to the particular task or matter, for the mutual benefit of the client and my network of professionals. I am zealous about fairness to clients in billing practices. I have run a business (beyond the law practice) since 1988, and serve on boards of several not-for-profits continuously since the mid-1980s, and so have substantial and direct hands-on business management experience. I make presentations at public speaking engagements as well as write and publish pieces in various online and print media – recognized expertise. I have handled hundreds of business ADR (Alternative Dispute Resolution) proceedings as lawyer/advocate for my clients or as professional neutral (arbitrator or mediator). I treat my clients as though they are relatives -- ones I like. I believe that I provide Manhattan sophistication and quality at Long Island billing rates. Neutral services: As a professional neutral arbitrator, I act essentially as a private judge for several different national and international Alternative Dispute Resolution (ADR) forums, hearing and adjudicating cases arising out of business disputes and conflicts, and my binding decisions, confirmed in a court judgment, ultimately have the force of law. And as a professional neutral mediator, I serve as an independent outside facilitator of the parties’ efforts to resolve their business disputes in a meaningful, constructive, consensual, win-win fashion, ultimately resulting in a written settlement agreement reflecting the parties’ needs and interests. Mediation is one of the most effective and mutually rewarding means toward resolving business and other disputes and conflicts. My private mediation services encompass diverse industries and substantive business areas, including commercial (e.g., breach of contract, shareholder disagreements, business entity dissolution, and various other intra- and inter-entity disputes), employment (termination, trade secrets/unfair competition, discrimination, and other labor-related matters), real estate, franchising, professional malpractice and other business torts. I encourage you to explore this exciting and advantageous option for resolution of business conflicts, as mediation often results in a mutual 'win' situation for all parties involved, and at a substantial savings of cost, time, effort, emotion, and disruption, in contrast to litigation in court.