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David J. Abeshouse

David J. Abeshouse

Business Mediator, Arbitrator, Dispute Resolution Lawyer
  • Arbitration & Mediation, Business Law
  • New York
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Summary

I am a business litigator, Arbitrator, and Mediator.

Most entrepreneurs, professionals (including lawyers), and business managers and owners lack true and complete knowledge about Alternate Dispute Resolution (ADR). I hope to educate and enlighten them regarding the advantages of ADR and avoiding more costly court litigation proceedings. I welcome the opportunity to discuss this with you and to debunk some of the inaccurate myths that seem to re-circulate, based on misinformation, old information, or lack of information about the realities of ADR. I also can tell you about the particular situations where – in contrast – court litigation is preferable to ADR or even necessary; one size does not fit all in the realm of business dispute resolution.

ADR allows parties to take more control over, and often lets them customize the resolution of, their disputes instead of simply having an unwelcome adjudication forced on them by a judge who is constrained more mechanically to apply limited facts to the law, rather than take a flexible and targeted approach for the greater good of the parties. ADR is usually cheaper, faster, less disruptive, and more beneficial to the parties overall. Disputing parties who utilize ADR usually come out more satisfied with the end result than do those who litigate in court.

If you would like to learn more, either in general or with regard specifically to your own present or future circumstances, please contact me.

I place particular emphasis upon effective, responsive communication with clients, helping to inform and guide them through the often unfamiliar and confusing maze of business litigation and alternative dispute resolution (ADR). Other central services include helping clients avoid business disputes by performing litigation risk management (troubleshooting for potential areas of litigation liability); representing clients who have received a subpoena from a governmental agency such as the New York State Attorney General or the United States Department of Justice; as well as drafting, reviewing, and/or negotiating confidentiality and non-competition agreements, commercial leases, and other types of contracts.

My firm practices primarily in New York State and Federal trial and appellate courts, and before arbitrators and mediators in the New York metropolitan area. Based on my unique level of experience in Alternative Dispute Resolution (ADR), I provide ADR consultation services to other attorneys. I also serve regularly as New York or Long Island local counsel to out-of-state lawyers or companies involved in litigation in this region, respecting and protecting referring professionals' relationships with their clients.

My practice background includes clerkship with a federal Magistrate-Judge early in my legal training; service with a significant midtown Manhattan law firm; more than a decade as a partner in a medium-sized, high-quality Nassau County, Long Island law firm; and, since 2000, managing my own firm.

In addition to my law practice, I devote significant efforts to my service as a professional neutral commercial arbitrator for several major forums and as a private professional neutral commercial mediator. As an arbitrator, I hear and adjudicate business dispute cases, rendering binding Orders and Awards that are legally enforceable in court. As a mediator, I facilitate consensual resolution of business disputes, resulting in the parties' written settlement agreement. In each of my capacities, I handle conflict management in the context of business dispute resolution.

I also have personal experience running a small business: From 1988 through 2007, as President of a domestic real estate company owned by an Australian client, I managed autonomously the business operations and commercial real estate holdings of this entity, acting in all respects as a commercial landlord concerning property in Manhattan. I regularly serve on the boards of New York not-for-profit corporations, and help to run legal and business networking groups, enabling me to develop and foster a broad and deep network of trusted professionals on whom I can rely to assist my clients and colleagues for matters that are outside the areas of my expertise.

Business disputes should not be handled absent expert assistance. Not only should you not seek to deal with a brewing dispute by yourself, you also should be wary of hiring those whose legal practice focuses in other arenas (e.g., corporate transactional work; tax; real estate; personal injury; and the like) to handle the legal aspects of your business dispute. I don't presume to be able to practice in their areas; you should be cautious about having them venture into these specialized waters.

Practice Areas
  • Arbitration & Mediation
  • Business Law
Fees
  • Free Consultation
    Free telephone consultation, by appointment, where appropriate.
  • Rates, Retainers and Additional Information
    Hourly rate; retainer required.
Jurisdictions Admitted to Practice
New York
Languages
  • English: Spoken, Written
Professional Experience
Principal
Law Office of David J. Abeshouse
- Current
Larger Firm Experience -- Personal Attention; Business-to-Business Dispute Resolution; Nassau County, Long Island, New York. My law practice helps entrepreneurs, professionals, and companies who have been stung personally, professionally, and financially by a painful business dispute, often at the hands of a partner, contractor, vendor, associate, or other affiliate. I am dedicated to resolving clients’ business disputes creatively through arbitration, mediation, or court litigation to achieve success and peace of mind. Some disputes require outright litigation battle to achieve resolution. Others are more susceptible to "creative" business dispute resolution. This means looking for solutions beyond the obvious. It also involves attempting to achieve results that are beneficial or at least palatable for both sides rather than mechanically resorting to bashing each others' heads in (a process that principally benefits the lawyers' pockets) simply because the attorney doesn’t know how to do anything else. It also can lead to exploring whether there's a possibility for presently warring parties to work together in future. As one who also wears the hats of a professional neutral arbitrator and mediator, I understand this process well. My message is straightforward and clear: For the vast majority of business disputes involving small or medium-sized businesses, Alternative Dispute Resolution (ADR) provides superior means of achieving resolution, in contrast to court litigation.
Associate for 4 years, then Partner for 10 years
Ackerman Levine Cullen Brickman & Limmer LLP & predecessors
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Commercial litigation, arbitration, and mediation; medium-sized Long Island law firm.
Litigation Associate
Golenbock and Barell
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Commercial litigation department of substantial corporate general practice law firm in Manhattan.
Litigation Associate at Colleran, O'Hara, Kennedy & Mills
Litigation Associate at Colleran, O'Hara, Kennedy & Mills
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Commercial and labor litigation for medium-sized law firm on Long Island.
Education
Vanderbilt University Law School
J.D / Law (1982)
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University of Pennsylvania
B.A / English, BioPsychology, Economics, Chemistry, Music
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Awards
Business of the Year, Award of Excellence -- Finalist
Huntington Regional Chamber of Commerce/ L.I. Business News
Business of the Year, Award of Excellence -- Finalist Huntington Regional Chamber of Commerce/ L.I. Business News 2004
"AV" Rating
Martindale-Hubbell Law Directory
"AV" Rating Martindale-Hubbell Law Directory, continuously from 1995 to present.
Professional Associations
For other activities, see Professional Affiliations, as well as Publications. Below is a list of public speaking presentations.
Presenter
Current
Activities: "The Trusted Advisor" -- Building the Relationship Between Lawyer and Small Business Clients "The Profit Express" -- Radio Show (Interview) 2008 Seminar: "Alternative Dispute Resolution (ADR) for Engineers." Long Island Consultants Network of the IEEE -- meeting seminar. 2008 How Mediation Can Benefit Accountants, Attorneys, and Their Clients Nassau County Bar Association 2008 CLE Course: "Networking for Lawyers." Nassau County Bar Association/Nassau Academy of Law, Mineola, NY -- CLE Course. 2008 Conference theme: "Finding Quality: Promoting Excellence in Dispute Resolution"; one of two panelists leading workshop presentation; topic: "Advocate Perspectives -- Selecting a Mediator." Assn. for Conflict Resolution, Greater NY Chapter (ACRGNY), 2007 Annual Conference; at Cardozo Law School, NYC 2007 CLE Course: "ADR For Lawyers -- What Alternative Dispute Resolution Can Mean For Your Practice." CLE Abstract, Amityville, L.I., NY -- CLE Course. 2007 HIA's Networking & Leadership Forum -- Panel of three presenters; topic: "Next Generation Networking -- Networking 2.0" Hauppauge Industrial Association (HIA),at Sheraton L.I. Hotel, Hauppauge, NY -- HIA's Networking & Leadership Forum. 2007 "Legal Basics for Growing Businesses: Possibilities and Pitfalls." Entrepreneurs @ Marble Collegiate Church, Manhattan -- seminar 2006 Moderator, seminar: "Search Engine Optimization (SEO) Roundtable." Gotham Networking, Friars Club, Manhattan -- seminar 2006 CLE Course: "Ethics and Professionalism: Leveraging Your Personal Brand." Nassau County Bar Association/Nassau Academy of Law, Mineola, NY -- CLE Course. 2006 "Dissecting the Key Elements of a Good 'Partnership' (Shareholders, LLC, etc.) Agreement: A Business View." The Alternative Board (TAB) -- Suffolk, Commack, NY (Board 501) -- meeting seminar. 2006 Alternative Dispute Resolution (ADR) -- the alternatives to resolving business disputes in court by going to arbitration or mediation. WCWP Radio, 89.7 FM and online at http://www.TCBradio.com -- Brookville, NY -- radio interview show. 2006 CLE Course -- sole presenter, in-house presentation to VP/General Counsel and corporate legal department; topic: "Managing Your Commercial Arbitration." Amer. Arbitration Assn. @ Symbol Technologies, Inc., Holtsville, NY -- in-house CLE presentation to VP/General Counsel & staff 2005 CLE Course -- panel presentation: "How to Capture and Keep Clients: Marketing Strategies for Lawyers." American Bar Association Annual Meeting, Hyatt Regency, Chicago, IL. 2005 CLE Course: "Ethics and Professionalism: Time Management." Nassau County Bar Association/Nassau Academy of Law, Mineola, NY -- CLE Course 2005 CLE Course -- Moderator, Dean's Hour: "7th Annual Securities Arbitration Update." Nassau County Bar Association/Nassau Academy of Law, Mineola, NY -- CLE Course/Dean's Hour 2005 "Alternative Dispute Resolution for Businesspeople." New Jersey Institute of Technology Graduate School of Business Management, Newark -- Seminar. 2005 "Dissecting the Key Elements of a Good 'Partnership' (Shareholders, LLC, etc.) Agreement: A Business View." The Alternative Board (TAB) -- Suffolk, Commack, NY (Board 402) -- meeting seminar. 2005 CLE Course: "Recent Trends in Commercial Mediation and Arbitration." American Arbitration Association, Nassau County Bar Association, Mineola, NY -- CLE Course. 2004 CLE Course -- Moderator, Dean's Hour: "6th Annual Securities Arbitration Update." Nassau County Bar Association/Nassau Academy of Law, Mineola, NY -- CLE Course/Dean's Hour. 2004 "When Selling the Dream Becomes a Nightmare: How to Avoid and Limit Problems With Customers." National Kitchen and Bath Association, Nassau Chapter, Jericho, NY. 2004 CLE Course: "Arbitration Advocacy for Attorneys." American Arbitration Association, Garden City Hotel, Garden City, NY -- CLE Course. 2003 Event Chair and Master of Ceremonies: "Taking Networking to the Next Level -- A How-To Primer," featuring keynote speaker Billy McDermott (185 attendees). Long Island Entrepreneurs Group, Inc. -- Event: "Taking Networking to the Next Level -- A How-To Primer." 2003 CLE Course -- Moderator, presenter: "Selected Topics in ADR 2002: Commercial Arbitration and Mediation." Womens Bar Association of the State of New York, Queens Chapter -- Meeting. 2002 CPE Course: "Alternative Dispute Resolution for Accounting Professionals." New York State Society of CPAs (NYSSCPA), Nassau Chapter -- Meeting, Jericho, NY 2001
Institute for Conflict Mangement (ICMADR)
Arbitrator
- Current
Activities: Arbitrator on Commercial Panel of Neutrals.
Health and Business Alliance, Inc.
Founding Board Member
- Current
Activities: Not-for-profit entity: http://www.hbametro.org
Long Island Entrepreneurs Group, Inc.
Vice President, Board of Directors
- Current
Activities: Officer of not-for-profit business networking organization: http://www.LIEG.org
American Arbitration Association
Arbitrator
- Current
Activities: Arbitrator on Commercial Panel of Neutrals -- hear evidence, render awards that are enforceable in court like judgments, to adjudicate business disputes. http://www.ADR.org
Attorney Round Table
Co-founder
- Current
Activities: Co-founder of lawyers' professional networking organization: http://www.AttorneyRT.com
National Arbitration Forum
Arbitrator and Mediator on the NAF Commercial Panel of Neutrals
- Current
Activities: Arbitrator, 1999 - present. Mediator, 2006 - present. http://www.adrforum.com
University of Pennsylvania Secondary Schools Committee
Member; alumnus interviewer, undergraduate admissions.
- Current
Activities: As alumnus interviewer, interviewed applicants for undergraduate admission to Penn, and wrote reports that became part of their admissions files.
New York State Bar # 1889534
Member
- Current
Activities: Member of various committees relating to Alternative Dispute Resolution (ADR), litigation, law practice management, etc.
American Bar Association
Member
- Current
Activities: Member of various committees relating to Alternative Dispute Resolution (ADR), litigation, law practice management, etc.
New York CityBar (ABCNY)
Member
- Current
Activities: Member of various committees relating to Alternative Dispute Resolution (ADR), litigation, law practice management, etc.
New York County Lawyers Association
Member
- Current
Activities: Member of various committees relating to Alternative Dispute Resolution (ADR), litigation, law practice management, etc.
Nassau County Bar Association
Past Chair of the Alternative Dispute Resolution (ADR) Law Committee, 2004 - 2006; Member of various committees relating to ADR, litigation, law practice management, etc.
- Current
Additional recent public speaking engagements
(Update)
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Activities: 9/30/09: Gotham Networking, Israeloff NYC Legal Group, Friars Club, New York, NY. Sole presenter; topic: "The Inside Scoop on Business Alternative Dispute Resolution (ADR): The Neutral Arbitrator's and Mediator's Perspectives." 9/10/09: Gotham Networking, Long Island Legal Group, Milleridge Inn, Jericho, New York. Sole presenter; topic: "The Inside Scoop on Business Alternative Dispute Resolution (ADR): The Neutral Arbitrator's and Mediator's Perspectives." 6/25/09: Association for Conflict Resolution, Greater New York Chapter (ACRGNY), New York, NY. Panelist; workshop: "Public Relations Initiatives and Marketing Ideas for the ADR Practitioner." 6/17/09: New York University (NYU) School of Continuing and Professional Education, New York, NY. Panelist; "Business Intensive" course. Business Dispute Resolution component. 4/21/09: Suffolk County Bar Association, Corporation and Commercial Law Committee, Hauppauge, NY. Sole presenter; topic: "Business Dispute Resolution: Don't Litigate -- Instead, Arbitrate or Mediate." 12/16/08: Theodore Roosevelt American Inn of Court, Nassau County Bar Association, Mineola, NY. Panelist in presentation before meeting of the Inn. Topic: "Mediation in Business Cases." 10/21/08: Nassau County Bar Association, Mineola, NY. Panel presentation before joint meeting of the Alternative Dispute Resolution Law Committee and the Accountants and Attorneys Committee. Topic: "How Mediation Can Benefit Accountants, Attorneys, and Their Clients."
The New York Virtuosi Chamber Symphony
Member, Board of Directors; President; General Counsel
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Activities: Member, Board of Directors; General Counsel; President of a not-for-profit professional orchestra.
Publications
Articles & Publications
Numerous subsequent articles
Various
Effectively Staffing Your Law Firm
American Bar Association (ABA)
“Business Dispute Resolution For Tough Times”
New York Enterprise Report, March 2009
"FAQ re: ADR (Frequently Asked Questions About Alternative Dispute Resolution: Commercial Arbitration and Mediation)."
Law Trends & News, American Bar Association's GP/Small Firm Section, Winter 2008 issue (Vol. 4, Issue 2)
"My Pal Esquire: Maintaining Social Contacts With Clients"
ABA's GP|Solo magazine
"Anxious and Depressed or Energized and Motivated"
ABA's GP|Solo magazine
"Piercing the ‘Corporate Veil"
Tips From The Top (The Alternative Board)
"Civility and Negotiations"
ABA's GP|Solo magazine (Vol. 22: Issue 7)
"Five Easy Ways to Use Daily Activities as Marketing Tools."
American Bar Association (ABA)
"The Power of Networking: Lawyers Who Are 'Resource Hubs' Add Value For Clients -- And Themselves."
New York Law Journal and law.com
Speaking Engagements
Over 100 varied speaking engagements over the past decade and a half, Varied conferences, Locations all around the NY Metro area and nationally
Numerous organizations
Over 100 varied speaking engagements over the past decade and a half
Certifications
Mediation Training
Hofstra University School of Law (http://law.hofstra.edu/) & Institute for Study of Conflict Transformation
Websites & Blogs
Website
Website
Social Media
Contact & Map
Nassau
626 RXR Plaza
Uniondale, NY 11556
USA
Telephone: (516) 229-2360