Joseph Weiner
Top rated Business Litigation attorney in New York, New York
Practice Areas:
Business litigation,
Civil litigation,
Closely held business,
Construction litigation,
Intellectual property
Education Qualification:
Fordham University School of Law
Practice Areas:
Business litigation,
Civil litigation,
Closely held business,
Construction litigation,
Intellectual property
1325 Avenue of the Americas 15th FloorNew York, New York, 10019
First Admitted: 2012, New Jersey
Professional Webpage: https://www.olshanlaw.com/attorneys-Joseph-Weiner.html
Bar/Professional Activity:
- New York
- New Jersey
- U.S. Court of Appeals for the Second Circuit
- U.S. District Court for the District of New Jersey
- U.S. District Court for the Southern District of New York
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the Western District of New York
- U.S. Tax Court
- Former Secretary and Member, New York City Bar Association Committee on State Courts of Superior Jurisdiction
Transactions:
- Achieved a complete victory at arbitration for a commercial building owner in a ground lease dispute relating to Local Law 11 repairs.
- Represented an industry-leading media company in several breach of contract disputes in federal and state trial and appellate courts.
- Represented corporate clients in a variety of disputes arising out of COVID-19, including commercial and ground lease breaches, mezzanine loan defaults, and commercial mortgage foreclosures.
- Represented a media company in an antitrust action in federal district and appellate courts.
- Represented several companies through a Tax Court trial in which the IRS sought to disallow millions of dollars of claimed losses arising out of foreign exchange derivatives (matter handled before joining Olshan).
Honors/Awards:
- Consistently named a “Rising Star” by New York Metro Super Lawyers since 2019, "Rising Star", New York Metro Super Lawyers
Educational Background:
- J.D., cum laude, Fordham University School of Law Associate Editor, Fordham Intellectual Property, Media and Entertainment Law Journal
- B.A., summa cum laude, New York UniversityPhi Beta KappaNYU College of Arts and Science Presidential Honors Scholar
Scholarly Lectures/Writings:
- New York Real Estate Journal recently published an article authored by Olshan Real Estate partner Thomas Kearns and Litigation counsel Joseph Weiner entitled, “Guaranty Law Held Unconstitutional” (subscription required). The article discusses Melendez v. City of New York, in which the Southern District of New York declared unconstitutional N.Y.C. Admin. Code § 22-1005, a COVID-era law enacted in May 2020 that rendered personal guaranties for certain kinds of commercial leases unenforceable if the tenant’s default occurred between March 7, 2020 and June 30, 2021. After the SDNY initially granted New York City’s motion to dismiss, the Second Circuit reversed and sent the case back to the SDNY, believing certain features of the law to be problematic under the Contract Clause. “In particular,” the authors explain, “the Second Circuit noted that the law (i) is not temporary, but permanently extinguishes the covered obligations, (ii) is not conditioned on whether the tenant had to shut down its business, or whether the business will reopen, (iii) allocates the expense to a discrete group (landlords), (iv) is not conditioned on need, and (v) does not compensate landlords for their losses.” Following remand, the SDNY granted the plaintiffs’ motion and declared the law unconstitutional. “We expect the city to appeal the SDNY ruling,” the authors note. They conclude that, “Although the federal court’s decision is not binding on state courts, it is ‘useful and persuasive authority.’", Co-Author, Guaranty Law Held Unconstitutional, New York Real Estate Journal, 2023
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