About Us
For almost thirty-five years, Milin Law attorneys have handled all aspects of commercial and bankruptcy litigation from discovery and motion practice through mediation, arbitration, trial and appeal. We have practiced in the state, federal, bankruptcy and Surrogate’s courts in New York State and elsewhere. Our cases have ranged from routine contractual disputes, preferences and fraudulent transfers to complex, multibillion-dollar issues of nationwide first impression.
In the state and federal courts, Milin Law attorneys have represented buyers and sellers of businesses, embattled corporate managers, companies seeking to protect their intellectual property, a town on Long Island accused of misusing its regulatory powers, a “whistle-blowing” physician fired for insisting that a cancer research company comply with its regulatory obligations, and a church pastor alleged to have been an “alter ego” of the owner of Newsweek Magazine.
In bankruptcy court, Milin Law attorneys have represented the bankruptcy estates in Delphi, Enron, General Motors and Tower Automotive; the bankruptcy trustees in Anthracite Capital, Ellen Tracy, Refco LLC, and Soundview; the creditors’ committees in A&P and American Airlines; the court-appointed valuation expert in Calpine; the future claims representative in the Quigley asbestos bankruptcy; and the Official Committee of Retirees in Nortel. We have also represented defendants unfairly accused of receiving fraudulent transfers even though they acted in good faith.
Milin Law PLLC is based in New York, New York. Its attorneys are admitted to the Bars of New York and Massachusetts and to the United States District Courts for the Southern and Eastern Districts of New York, the United States District Court for the Eastern District of Michigan, the Second Circuit Court of Appeals, and the Supreme Court of the United States.
Significant Representations
Commercial Litigation
Successfully defended a staffing company in state court proceedings and arbitration hearings against claims asserted by the seller of a staffing business it purchased.
Represented the manager of a billion-dollar real estate owner, operator, and developer in a dispute with its investors.
Successfully represented the seller of a pharmaceuticals business against the buyer's allegations of fraud. Our 200-page post-trial memorandum led the court to award no damages even though it found, in a published opinion, that the seller had defrauded the buyer.
Successfully moved to dismiss claims that an influential church pastor was an “alter ego” of the former owner of Newsweek magazine.
Successfully represented the seller of an apparel business asserting claims for non-payment in a federal court trial and on appeal.
Successfully represented corporations seeking to protect their trade dress and trade names.
Chapter 11 Debtor Representations
Anthracite Capital
Represented bankruptcy trustee seeking tens of millions of dollars in damages for mismanagement of a New York Stock Exchange-traded REIT.
Charter Communications
Represented an affiliate of the debtor in depositions and at trial concerning the reinstatement of the debtor’s favorable bank facility despite its bankruptcy.
Delphi Automotive
Successfully responded to motions to dismiss the debtor’s $700 million in preference actions. Also conducted a Court-mandated investigation of alleged short-selling by banks and hedge funds that had pledged funds for, but refused to consummate, an agreement to fund the debtor’s exit from bankruptcy.
Ellen Tracy
Represented the bankruptcy trustee in prosecuting claims against former insiders for allegedly mismanaging the company.
Enron Corporation
Represented the Enron bankruptcy estate in prosecuting multibillion-dollar claims in the “Mega Claims” litigation against Citigroup, JPMorgan Chase, and other banks for their alleged role in Enron’s collapse.
General Motors Corporation
Represented the debtor in a dispute concerning a creditor bank’s attempt to set off a $20 million claim under a swap agreement against corporate bonds.
International Foreign Exchange Concepts
Represented the debtor hedge fund in prosecuting claims asserted against its former C.E.O. and defending claims asserted by a former trader.
Richcourt/Soundview Funds
Represented the debtor funds’ trustee in litigating against Citco Group, one of the world’s largest hedge fund administrators, for damages resulting from Citco’s sale of the Funds’ management to an allegedly untrustworthy manager.
Tower Automotive
Represented the debtor in litigating a complex, multimillion-dollar lease dispute and in resolving millions of dollars in preference actions.
Creditors' Committee Representations
AMR Corporation (American Airlines)
Conflicts counsel to the Official Committee of Unsecured Creditors in the Chapter 11 reorganization of a multibillion-dollar airline.
Nortel Networks Inc.
Counsel to the Official Committee of Retired Employees in obtaining a $67 million settlement in negotiations under Section 1114 of the Bankruptcy Code concerning Nortel’s efforts to terminate retirees’ health insurance and related benefits without compensation.
Chapter 5 Avoidance Action Defense and Prosecution
Great Atlantic & Pacific Tea Company
Represented the creditors’ committee in prosecuting tens of millions of dollars in preference claims against a national pharmaceutical distributor. Obtained denial of a summary judgment which would have reduced the committee's claims by more than 90%.
Collins & Aikman
Successfully defended against a motion to dismiss 1,162 preference actions.
Nanobeak
Represented a condominium that allegedly received approximately $100,000 in payments from an insolvent entity on behalf of a resident, leading to a favorable settlement.
Other Bankruptcy Court Representations
AbitibiBowater
Represented a Nova Scotia unlimited liability financing entity which held more than $600 million in potential claims against its corporate parent in a Delaware cross-border bankruptcy.
Calpine Corporation
Represented a court-appointed expert in conducting discovery and preparing an expert report to resolve a $10 billion dispute concerning the valuation of Calpine Corporation.
Quigley Corporation
Represented the Future Claims Representative in a billion-dollar asbestos bankruptcy.