Martin E. Karlinsky is a shareholder based in Butzel Long's New York office. He is a trial lawyer and litigator focusing on complex business-related civil litigation. In a career extending to almost four decades, his experience has encompassed trial and appellate advocacy in business and business tort, contract and commercial, securities, corporate, employment, trusts and estates, partnership, real estate, and constitutional litigation; federal and state governmental investigations and proceedings; and arbitration and mediation before principal U.S. and foreign forums.
Mr. Karlinsky is a seasoned trial lawyer with over 150 jury trials, bench trials, arbitrations, and argued appeals, and regularly teaches trial advocacy to the profession and law students. With a focus on the financial services sector, his experience also extends to a wider range of industries and activities including real estate, technology, retail, media, public relations, and not-for-profit organizations.
Experience
· Advised Anti-Defamation League following unsuccessful appeal to Tenth Circuit for violation of federal Wiretap Law and common law defamation, and defeated subsequent attorneys' fee award application
· Representation of the US investment vehicle of one of Europe's wealthiest individuals in a series of business/commercial cases pending in New York County Supreme Court and alleging breach of fiduciary duty, fraud, breach of contract, related claims
· Representation of a leader in the school improvement industry in contract and employment litigation pending in the U.S. District Courts for the District of Columbia and the Middle District of Louisiana
· Tried case before Connecticut state court on behalf of plaintiff, seeking damages for breach of contract by hedge fund in a related federal action, prosecuted stock valuation claims, and defended trade secret counterclaims, against hedge fund manager
· Successfully defended securities class action on behalf of former chairman and chief executive officer of Silicon Valley company
· Defended a private securities SEC Rule 10b-5 action for manipulation Case set new standard for award of attorneys fees to a prevailing defendant
· Successfully concluded by settlement a claim against the trustee of New York trusts for breach of fiduciary duty and alleged embezzlement of $49 million
· Defended a "bet-your-company" breach of contract and fraud case on behalf of a publicly held broker-dealer in California federal court
· Defended National Rifle Association of America in high-profile federal case involving claims for false light publicity, intentional infliction of emotional distress, and assault and battery
· Conducted successful defense of a case brought by New York insurer against Latin American bank for fraud, breach of contract, interference with contract, and other claims
· Complex employment litigation arising under the Americans with Disabilities Act
· Defended investment banker in claims by former firm for purported liability under promissory notes and seeking to recover the value of certain deals and production introduced to the firm on contract and unjust enrichment theories
· Successfuly defended a major U.S. securities firm in a proceeding before an NASD arbitration panel; claimant sought damages based on fraud claims in connection with futures trading on the Chicago Mercantile Exchange
· Prosecuted New York Stock Exchange arbitration for investment banker fired by major firm, asserting claims for breach of fiduciary duty
· Successfully defeated claims by a major NYSE firm in a New York Stock Exchange arbitration in connection with a broker dealer's settlement of customer claims
· Defended New York City real estate operators involving ownership of a New York City hotel, and claims of breach of fiduciary duty, conversion, and fraud.
· Lead counsel in two separate litigations, both involving $100 million trusts, with respect to claims of breach of fiduciary and related claims
· Represented a casualty insurance carrier situated in Arizona in an action against one of the largest national banks in the country. The case alleges claims for breach of contract and breach of fiduciary duty and seeks damages of $24 million.
· Prepared an Amicus Curiae Brief to the U.S. supreme court urging the Court to grant states and local government units latitude in the regulation of firearms
News
Media Releases
02.09.10, Butzel Long Israel Practice Continues Expansion
11.09.09, Forty-Nine Butzel Long attorneys named to Super Lawyers 2009 listing
04.29.09, Butzel Long Shareholder Martin E. Karlinsky Named President of American Friends of Hebrew University of Jerusalem
03.30.09, Butzel Long Files Supreme Court Brief on Behalf of Anti-Defamation League in New Haven Firefighers Case
02.24.09, Seasoned Litigator Martin E. Karlinsky Joins Butzel Long as Shareholder in New York - Firm Continues National Expansion in Key Practice Areas
News In Brief
10.20.11, Butzel Long attorney Martin E. Karlinsky featured in Legal Bisnow
06.29.10, Butzel Long attorneys prepare Anti-Defamation League amicus brief
01.06.10, Butzel Long attorneys Martin Karlinsky and Leonard Niehoff prepare brief for Anti-Defamation League
10.23.09, Butzel Long attorney Martin Karlinsky appointed chair of litigation practice
Publications
Articles, Presentations & Briefs
03.13.09, Supreme Court Brief on Behalf of Anti-Defamation League in New Haven Firefighters Case
Memberships
American Bar Association - Section of Litigation
Federal Bar Council
Recognitions
Martindale-Hubbel AV®Preeminent™
New York Super Lawyers - Business Litigation, 2005-Present
The Hebrew University of Jerusalem -Honorary Fellowship, June 2009
Published Works
Impairment of Contract in the Absence of Breach, 210 N.Y.L.J. 4 (October 27, 1994)
An Outline of the Law Regarding Attorney Escrow Accounts in New York State in Avoiding Legal Malpractice (Practising Law Institute 1998)
(Resident, New York, N.Y. Office)