Skip to main content

Evan S. Fensterstock

Attorney Profile

Top Rated Business Litigation Attorney in New York, NY

Fensterstock, P.C.
200 Vesey St, 24th Floor
New York, NY 10281
Phone: 212-901-8558
Selected to Rising Stars: 2015 - 2021
Licensed in New York Since: 2010
Practice Areas: Business Litigation (30%), Business/Corporate (20%), Technology Transactions (20%), Professional Liability: Defense (10%), Professional Liability: Plaintiff (10%), Securities Litigation (10%)
  • Virtual Appointments
Attorney Profile

Founder of Fensterstock, P.C., Evan S. Fensterstock is a business litigation attorney who represents companies and executives throughout the New York City Metropolitan area.

On both the defense and plaintiff side, Mr. Fensterstock has represented companies and executives in matters such as:

  • Business & Commercial Litigation Matters
  • Contract Disputes
  • Breach of contract
  • Breach of fiduciary duty
  • Business torts
  • Restrictive covenants
  • Employment separation & severance agreements
  • Employment contracts in trials, appeals, negotiations, arbitration, and mediation
  • Non-competition agreements 

Mr. Fensterstock has experience in the following industries: insurance, financial services, pharmaceutical, recruiting, gaming, hospitality, media, entertainment, advertising, banking, and real estate.

Mr. Fensterstock also 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, Mr. Fensterstock has been selected to the Super Lawyers list perennially since 2015.  In 2020, he 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.  

He is admitted to practice in the following states: New York, Massachusetts, Connecticut, and New Jersey. He is also admitted to practice before the United States District Court for the Southern, Eastern, and Western Districts of New York, the United States District Court for the District of New Jersey, and the United States Court of Appeals for the 2nd Circuit.

Mr. Fensterstock is an active member of the New York American Inn of Court, where he presents and authors in matters of ethics, trial practice, election law, and historical trials. His pro bono and volunteer experience is also extensive, as he has been a volunteer with the Health Care Access Project of Lenox Hill Neighborhood House and with the Legal Aid Society Hurricane Sandy Relief.

During his career, Mr. Fensterstock has also helped Holocaust survivors recoup payments and pensions with the Pro-Bono Project at Kasowitz.

At Bowdoin College, Mr. Fensterstock served two terms as Class President and earned a Bachelor of Arts degree in both Government & Legal Studies and Spanish. He earned his Juris Doctor from New England Law | Boston where he graduated in the top 7% of his class, served as the Executive Literary Editor of the New England Law Review, and won the award for the CALI Excellence for the Future Award in Business Transactions for Lawyers, an award given to the student with the highest grade in the class. 

For more information, see Fensterstockpc.com.

Practice Areas
  • 30%Business Litigation
  • 20%Business/Corporate
  • 20%Technology Transactions
  • 10%Professional Liability: Defense
  • 10%Professional Liability: Plaintiff
  • 10%Securities Litigation
Focus Areas

Trade Secret, Non-Compete Agreements, Contracts, Science and Technology Law, Professional Malpractice - Other

Selections

7 Years Rising Stars
  • Rising Stars: 2015 - 2021

About Evan S. Fensterstock

First Admitted: 2009, Connecticut

Professional Webpage: https://fensterstockpc.com/about-evan-steele-fensterstock-es...

Educational Background

  • 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
Show More
Office Location for Evan S. Fensterstock

200 Vesey St
24th Floor
New York, NY 10281

Phone: 212-901-8558

Last Updated: 10/5/2021

Page Generated: 0.45761799812317 sec