Practice Specialties
COMMERCIAL LITIGATION
Commercial Litigation in the State and Federal Courts in New York is the bedrock of Kostyn Blinken’s legal practice. With their varied career experience, Kostyn and Blinken have handled an impressive range of commercial business disputes from drafting pleadings to discovery, motion practice, trial and appeal. The primary goal in such matters is to seek resolution of disputes without resorting to the Courts, but when it becomes clear that litigation is necessary to protect a client’s interests, Kostyn Blinken offers comprehensive legal representation calculated to guide your business and obtain the most favorable outcome.
Kostyn Blinken has experience in all aspects of commercial litigation including breach of contract, business torts (such as interference with contracts and economic interests), breach of fiduciary duty, real estate disputes, defamation (libel and slander), employment disputes, and trademark infringement.
STATE ATTORNEYS GENERAL INVESTIGATIONS
Kostyn Blinken’s State Attorneys General Practice provides corporate officers, directors, and others with legal and regulatory advice when dealing with Attorneys General and other state agencies, with a particular focus on investigations initiated by the New York Attorney General.
Our services include:
- Building relationships, and educating the state Attorneys General and their teams about our clients and our client’s industries.
- Working with clients to develop and execute strategies for Attorney General inquiries and investigations including initiating settlement discussions to avoid litigation.
- Defending vigorously against Attorney General enforcement proceedings.
Attorneys General have become increasingly aggressive in using their broad investigative powers, prompting billions of dollars in settlements and fines over the past decade. Enforcement actions can often be mitigated by early involvement in investigations. As a former Assistant Attorney General and as defense attorneys, we have experience handling Attorneys General investigations into allegations of bank fraud, violations of New York’s General Business Law, self-dealing, theft and embezzlement, diversion of charitable funds, healthcare reimbursement compliance, whistleblower claims, as well as inter-agency litigation.
REPRESENTATION OF E-COMMERCE, ONLINE BUSINESSES AND START‑UPS
As a principal in, and general counsel to, an e-commerce financial platform that partnered with eBay Motors, Kevin Kostyn has considerable experience representing the interests of internet businesses and start-ups. Beyond handling cases involving internet defamation and take-down notices, Mr. Kostyn has negotiated and drafted every manner of internet-related agreement, including advertising and promotions agreements, intellectual property licenses, non-disclosure agreements, and all legal content for business websites. Kostyn Blinken also advises internet-based companies on service-level agreements and other contracts they are required to enter into in order to conduct their business.
The best way to avoid litigation is to ensure that any transaction your business enters into is reviewed by capable legal counsel, and is clearly and properly documented. Kostyn Blinken’s commercial litigation experience provides invaluable insights into how agreements should be drafted to avoid vague terms or other provisions that could potentially lead to litigation. By clearly documenting the rights and obligations of all parties to a transaction, as well as the consequences of a breach, Kostyn Blinken can provide stability to your business and reduce the chances that a business dispute will lead to litigation.
ADVISING NON-PROFIT ORGANIZATIONS
From starting a non-profit to managing day-to-day operations, having an ally who knows how to keep your nonprofit in compliance with the law is invaluable to keep your nonprofit running smoothly. Kostyn Blinken LLP provides general counseling to non-profits including advising on 501(c) 3 compliance issues, organizational structure and best practices for nonprofit boards of directors, assisting in creating policies, including donation acceptance policies, implementing compensation arrangements and conflict of interest policies, preparing and reviewing IRS Forms 990 and filings with State Attorney Generals and reviewing solicitation materials.
Kostyn Blinken LLP can also provide guidance when membership and governance disputes arise, including providing legal representation when necessary. We also provide representation and advice concerning mergers, sale of assets and dissolution proceedings that often require obtaining approvals from State Attorneys General and/or the Courts.
EMPLOYMENT LAW AND DISCRIMINATION
Executives today can expect to go through multiple work transitions and, unfortunately, are often subjected to job termination due to restructuring and reduction in force, or because of business realignments and office politics. Kostyn Blinken can help you obtain the best possible separation package and ensure that any written agreement is balanced to protect your rights.
If your employer, or a prospective employer, has discriminated against you because of your race, nationality, gender, age, disability, family medical leave, sexual preference, or because of criminal history, or has retaliated against you for “whistleblowing,” or has created a hostile work environment, Kostyn Blinken can help you secure your legal rights before the State and Federal Courts. Aggrieved employees may obtain back pay, front pay, reinstatement, damages for emotional distress, punitive damages, and attorneys’ fees.
TRUSTS AND ESTATES LITIGATION
Kostyn Blinken is composed of seasoned trial lawyers who practice before both state and federal courts, including New York’s Surrogate Courts. Our attorneys represent clients in matters related to breaches of fiduciary duty, including improper asset management, self-dealing, conflicts of interest, and improper administration and distributions, as well as accounting disputes, removal of fiduciaries, contests on the grounds of undue influence, lack of capacity, fraud, duress, and forgery.
CONTESTED COMMERCIAL FORECLOSURES
Kostyn Blinken is experienced in all aspects of commercial foreclosures, from initiation and defense of foreclosure actions to litigation in the State and Federal Courts of New York. Most of Kostyn Blinken’s foreclosure work has been on behalf of national banks relating to underperforming commercial borrowers. However, Kostyn Blinken’s broad depth of experience provides particular benefit for commercial borrowers who must defend against actions to foreclose on their properties.
ATTORNEY MALPRACTICE
When an attorney fails to exercise the ordinary skill and knowledge commonly possessed by a member of the legal profession, and you suffer damages as a result of his or her negligence, Kostyn Blinken is available to dedicate their legal expertise to your case and, where appropriate, initiate an attorney malpractice action to make you whole. Attorney malpractice actions are invariably complicated and require the strong and effective advocacy Kostyn Blinken provide.
REPRESENTATION OF PROFESSIONALS BEFORE STATE LICENSING BOARDS
Kostyn Blinken has experience representing professionals, such as real estate appraisers, when their licenses are threatened by the actions of state agencies.