Evan S. Fensterstock

Top rated business litigation attorney in New York, New York

Fensterstock, P.C.
Evan S. Fensterstock
Fensterstock, P.C.

Practice Areas: Business litigation, Employment & labor, Employment litigation; view more

Licensed in New York since: 2010

Education: New England Law | Boston

Selected to Rising Stars: 2015 - 2022
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Fensterstock, P.C.

200 Vesey St
24th Floor
New York, NY 10281 Visit website

Details

Evan S. Fensterstock is a New York City trial lawyer and founder of the commercial litigation and employment law firm, Fensterstock, P.C. Evan provides employment advice to executives and companies, negotiates compensation packages and separation agreements, and consults on covenants not to compete (non-compete agreements) and non-solicitation clauses. Evan also provides outside general counsel services to businesses that do not require full-time in-house representation and businesses that are looking for a second legal opinion. Evan serves as local New York counsel to out of state attorneys litigating in New York. Recognized by his peers as one of New York’s Top Business Litigation Attorneys, Evan has been named a New York Metro Area Super Lawyers Rising Star in Business Litigation in 2015, 2016, 2017, 2018, 2019, 2020, and 2021. Super Lawyers recognizes no more than 2.5% of attorneys in each state through a rigorous selection process.

Easily schedule a meeting with Evan S. Fensterstock through the Fensterstock, P.C. online booking system.

In 2020, Evan was published as a co-author of the chapter on “The Complaint” in the prestigious Thomson Reuters legal treatise Commercial Litigation in New York State Courts. In 2019, Evan won a nearly five-million-dollar ($5,000,000.00) judgment for his client after a trial in the Commercial Division in the Supreme Court of the State of New York in a complex commercial litigation concerning indemnification and breach of contract claims arising out of a sixty-three-million-dollar ($63,000,000.00) purchase and sale of an insurance company from a billion-dollar asset management company and its subsidiaries pursuant to a stock purchase agreement. Evan also defeated a motion to dismiss by the defendant in a fraud action alleging over prescription of injectable opioids costing the plaintiff hundreds of thousands of dollars. Evan has also recently assisted counsel in Spain to enforce a nearly six-million-dollar ($6,000,000.00) judgment secured against the defendant in the United States District Court for the Southern District of New York. He continuously advises multiple employers and individuals in New York employment-related matters involving executive compensation and contract negotiation during both the offer and separation phases, as well during internal employer-employee disputes on behalf of employers and individuals, and throughout mediations, settlements, and litigations.

Need your employment contracts reviewed? Easily book our Employment Contracts Review package through the Fensterstock, P.C. online booking system.

When to Contact Fensterstock, P.C.

Employment Matters

  • When you are contemplating leaving your current employer for a competitor or when you are contemplating moving your existing clients or co-workers/support staff to a new company. You may be bound by a non-competition agreement (covenant not to compete) or a customer or employee non-solicitation agreement.
  • When you, as an employer, are contemplating terminating an employee, either for or without cause; we can design a strategy to ensure compliance with applicable laws, protect the company’s reputation, and avoid business interruption.
  • When you have been provided with a new executive compensation package or a promotion, including an offer letter, benefits package, and subsequent contracts involving confidentiality, trade secrets, non-competition, or non-solicitation.
  • When you are forming a new business or are contemplating moonlighting for a new employer as a contractor and are already employed.
  • When a business counterpart or employee has violated, or anticipates violating, the terms in their contract, has stolen or misdirected business opportunities, or has misappropriated your trade secrets.
  • When you have received, or are contemplating sending, a cease-and-desist letter or settlement demand letter.
  • When an employee has conducted work for a competitor or a personal side-gig on company time or while using company resources.

Business Matters

  • When you have been sued, or want to sue, for breach of contract, breach of fiduciary duty, fraud, theft of trade secrets, or other business claims.
  • When you run a business that does not yet need full-time in-house counsel but would benefit from an ongoing relationship with our litigation firm to act as outside in-house counsel with an eye toward negotiating on the company’s behalf, protecting the company’s rights, avoiding litigation, or litigating aggressively when necessary.
  • When you are in the due diligence phase of a merger or acquisition to discuss the implications of the parties’ contractual obligations under a sale and purchase agreement.
  • When you are preparing or negotiating master services agreements with vendors in connection with information technology projects to ensure each parties’ obligations and rights are clear and unambiguous to avoid future implementation pitfalls.

We Are Here for You . . .

  • When you have a “gut” feeling that risk may be on the horizon, even if you are unaware of—or are having difficulty defining—what that specific risk may be. We are uniquely equipped to help you correctly define employment and business risk at the outset with an eye toward mitigating unnecessary risk that can escalate into costly full-blown litigations. We also may provide comfort where perceived risk may not actually be legal risk as interpreted under the letter of the law.
  • When you would like a second legal opinion concerning your business or employment legal matter.

Don’t let little annoyances escalate into costly mistakes. Book an appointment with Evan S. Fensterstock today through the Fensterstock, P.C. online booking system.

More About Evan S. Fensterstock

Evan combines his big law firm experience with the small firm attention that he believes each client deserves.  Evan’s approach is narrowly tailored to each client’s goal. That may mean pursuing alternative dispute remedies, consulting on best practices, or litigating aggressively.

Evan is admitted to practice in New York, New Jersey, Connecticut, and Massachusetts state courts, as well as in the Southern, Eastern, and Western District Courts of New York, the District Court of New Jersey, and in the Second Circuit Court of Appeals.  Evan has represented companies and individuals on both the plaintiff and the defense side in a wide range of industries including banking, employment, financial services, insurance, pharmaceutical, advertising, entertainment, media, hospitality, and gaming. Evan has also conducted internal investigations of individuals and companies and prepared presentations to the Securities and Exchange Commission (SEC). 

Evan is also a mediator.  In 2022, Evan completed advanced mediation training making him eligible under Part 146 of the Rules of the Chief Administrative Judge of New York to serve on court mediation rosters. 

Mr. Fensterstock has represented companies and executives in a plethora of commercial litigation and employment matters involving:

  • Breach of Contract
  • Breach of Fiduciary Duty
  • Business Negligence
  • Business Torts
  • Confidentiality Agreements
  • Contract Disputes
  • Contract Interpretation
  • Conspiracy
  • Conversion
  • Damages Analysis
  • Declaratory Judgment
  • Defamation
  • Dissolution
  • Employment Contracts
  • Executive Compensation
  • Employment Separation and Severance Agreements
  • Fraud (Business)
  • Indemnification
  • Indentures
  • Injunctions
  • Interpleader Actions
  • Master Service Agreements
  • Mediation
  • Misappropriation of Trade Secrets
  • Non-Competition Agreements
  • Non-Disclosure Agreements
  • Non-Solicitation Agreements
  • Promissory Estoppel
  • Quantum Meruit
  • Restrictive Covenants
  • Sanctions
  • Sarbanes-Oxley Whistleblower Actions
  • Securities
  • Separation Agreements
  • Severance Agreements
  • Shareholder Derivative Suits
  • Stock Purchase Agreements
  • Tortious Interference
  • Unjust Enrichment

Prior to founding Fensterstock, P.C. in 2018, Evan was a Partner at Fensterstock & Partners LLP from 2015-2017, a premier complex commercial litigation law firm founded by his father, Blair Fensterstock, a Columbia Law Graduate, Harlan Fiske Stone Scholar, and a Top 100 Business Litigator, known for, among other notable matters, trying cases arising out of the 1993 World Trade Center bombings. From 2009-2015, Evan was an Associate at the powerhouse firm Kasowitz, Benson, Torres & Friedman LLP. Evan served as Executive Literary Editor of the New England Law Review at New England Law|Boston, where he graduated from law school cum laude and received the Cali Excellence for the Future Award in Business Transactions for Lawyers, an award given only to the highest scoring student in each law school class. While in attendance, Evan interned for the Honorable Raya S. Dreben in the Massachusetts Appeals Court, the Honorable Charles T. Spurlock in Suffolk Superior Court, and the Legal Division of the Massachusetts Department of Correction in Boston, Massachusetts.

Evan holds a Bachelor of Arts degree from Bowdoin College where he double majored in Government and Spanish, played varsity golf and squash, and served as Class President.

The Fensterstock name has been respected by the legal community for nearly a century, starting with New York Assistant Attorney General Nathaniel Fensterstock (1916-1988), Evan Fensterstock’s grandfather, who wrote the History of New York Social Welfare Legislation in 1941.

Attorney advertising. Prior results do not guarantee a similar outcome.

Practice areas

Business litigation, Employment & labor: employer, Employment litigation: defense, Alternative dispute resolution, Employment & labor: employee, Employment litigation: plaintiff

Focus areas

Trade secret, Non-compete agreements, Employment law - employee, Employment law - employer, Mediation

  • 30% Business litigation
  • 20% Employment & labor: employer
  • 20% Employment litigation: defense
  • 10% Alternative dispute resolution
  • 10% Employment & labor: employee
  • 10% Employment litigation: plaintiff

First Admitted: 2009, Connecticut

Professional Webpage: https://fensterstockpc.com/book-an-appointment-business-comm...

Educational Background:
  • Class President, Bowdoin College 
  • Bowdoin College, Bachelor of Arts degree, Double-majored in Government and Spanish
Pro bono/Community Service:
  • Coordinator of the Holocaust Survivor Representation Pro-Bono Project at Kasowitz, which helps Holocaust survivors recoup pensions and payments from the German government for work performed in ghettos during World War II, 2011
  • Volunteer at the Legal Aid Society Hurricane Sandy Relief hotline and benefits hotline. Initiated interest at Kasowitz in unemployment insurance benefits cases leading to the Unemployment Insurance Project at Kasowitz, 2012
  • Volunteer at the Lenox Hill Neighborhood House with the Health Care Access Project to help low income seniors choose a Medicare Part D plan, 2013
Bar/Professional Activity:
  • Member and active participant in the New York American Inn of Court, participating in authoring and presenting continuing legal education presentations yearly in the areas of election law, trial practice, and ethics, 2012
  • Second Circuit Court of Appeals
  • New Jersey District Court
  • U.S. District Court Southern, Western, and Eastern District Courts of New York
  • Massachusetts
  • Connecticut
  • New Jersey
  • New York
  • Vice Magister of the Bradlee Inn Chapter of the International Legal Honor Society Phi Delta Phi, 2007
Honors/Awards:
  • In 2013, received the Legal Aid Society Pro Bono Publico Award for service to Hurricane Sandy victims and initiating interest at Kasowitz, Benson, Torres & Friedman LLP in unemployment insurance benefits cases leading to the Unemployment Insurance Project at Kasowitz, Legal Aid Society Pro Bono Publico Award, Legal Aid Society, 2013
  • Cali Excellence for the Future Award in Business Transactions for Lawyers, New England Law|Boston
  • Phi Delta Phi Balfour Scholarship for outstanding service to Bradlee Inn, 2008
  • , New York Metro Area Super Lawyers Rising Star in Business Litigation, 2015, 2016, 2017, 2018, 2019, and 2020
Scholarly Lectures/Writings:
  • Co-Author and Presenter, “Ethics Program – In-House Counsel Ethics” – April 2015, the New York American Inn of Court, 2015
  • Executive Literary Editor of the New England Law Review at New England Law|Boston
  • Co-Author, “Loot and the Law of Cultural Artifacts” – March 2014, the New York American Inn of Court, 2014
  • Co-Author and Presenter, “Trial Practice – Expert Witnesses” – March 2013, the New York American Inn of Court, 2013
  • Co-Author and Presenter, “Election Law Program” – October 2012, the New York American Inn of Court, 2012
  • Author, Case Comment:  Shin v. Ahn Applies the Primary Assumption of Risk Doctrine to Injuries Sustained by Golfers in the Same Group: Negligence Goes Unpunished, New England Law Review, Vol. 43, 2008
Representative Clients:
  • Cypress Group Holdings, Inc. (Buyer) in a breach of contract and indemnification action against Onex Corporation, et al. (Sellers) alleging breaches of representations, warranties, and covenants contained in a Stock Purchase Agreement arising out of the purchase and sale of an insurance company and its subsidiaries. Obtained a nearly $5,000,000 judgment in May 2019 after a four-day trial in March 2019 in the New York County Commercial Division, 2019
  • The Plan Administrator of MF Global Holdings Ltd. in a fraudulent conveyance action against Series A and Series B shareholders in the Bankruptcy Court for the Southern District of New York, 2013
  • The Plan Administrator of MF Global Holdings Ltd. in an action for professional malpractice against PricewaterhouseCoopers LLP alleging damages in excess of one billion dollars in the Southern District of New York, 2013
  • A trust owning 24 percent of AriZona Iced Tea in connection with AriZona Iced Tea’s inter-owner dispute and the largest corporate dissolution case in New York, 2012
  • The founder and chairman of an international gaming and racing company in a defamation, false light invasion of privacy, and conspiracy action brought by a competitor in Maryland state court. In September 2013, the claims against this individual were dismissed, 2012
  • Gibraltar Private Bank & Trust in a breach of contract action against its former parent company, Boston Private Financial Corporation, concerning the interpretation and implementation of a stock purchase agreement, 2011
  • Hilton Worldwide in an action alleging trade secret misappropriation and corporate espionage brought by Hilton’s competitor, Starwood Hotels & Resorts, and in a grand jury investigation conducted by the United States Attorney’s Office (S.D.N.Y.) relating to the same underlying facts, 2009
Transactions:
  • Cypress Group Holdings, Inc. (Buyer) in a breach of contract and indemnification action against Onex Corporation, et al. (Sellers) alleging breaches of representations, warranties, and covenants contained in a Stock Purchase Agreement arising out of the purchase a sale of an insurance company and its subsidiaries. Obtained a nearly $5,000,000 judgment in May 2019 after a four-day trial in March 2019 in the New York County Commercial Division, 2019
Industry Groups:
  • Banking
  • Consulting
  • Digital Advertising
  • Employment
  • Financial Services
  • Gaming
  • Hospitality
  • Insurance
  • Pharmaceutical
  • Real Estate
  • Recruiting
  • Technology

Office location for Evan S. Fensterstock

200 Vesey St
24th Floor
New York, NY 10281

Phone: 212-901-8558

Selections

8 Years Rising Stars
  • Rising Stars: 2015 - 2022

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