Managing Partner
(212) 757-0400
Max Folkenflik started the firm specializing in substantial commercial litigation. Today the firm's strong concentration is securities fraud and business torts, and matters involving complex business, accounting or financial issues, including accountants' liability and class actions. The firm makes extensive use of new technologies to leverage its manpower and to develop cost-effective approaches to its cases. The firm's practice is active in both federal and state courts, in New York and other states (including California, Massachusetts and Pennsylvania by special admission), and in arbitration.
| Admitted | 1976, New York and U.S. District Court, Southern and Eastern Districts of New York; 1977, U.S. Tax Court |
| Law School | Georgetown University (J.D., 1975), Member, 1973-1974, Editor, 1974-1975, Georgetown Law Journal |
| College | Cornell University (B.S., 1970) |
| Born | September 9, 1948, Philadelphia, Pennsylvania |
| Admissions |
- New York Bar
- U.S. District Court, Southern & Eastern Districts of New York
- U.S. Tax Court
- U.S. Court of Appeals, Second Circuit
- U.S. Court of Appeals, Third Circuit
- U.S. Court of Appeals, First Circuit
- Pro Hac Vice in the United States District Courts of Massachusetts, the Central District of California, and the Eastern District of Pennsylvania, District of Nebraska, and in State Courts in California, Pennsylvania, and New Jersey
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| Experience |
- 1975: Kronish, Lieb, Wiener & Hellman, LLP (Associate)
- 1979: Cravath, Swaine & Moore (Associate)
- 1983: Morrison Cohen Singer & Weinstein, LLP (formerly Morrison, Paul & Bailey) (Founding Partner)
- 1985: Folkenflik & McGerity (formerly Wistendahl & Folkenflik) (Founding Partner)
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| Articles & Awards |
- Who's Who in America
- Who's Who in American Law
- Co-Author: with William M. Landau, "The Impact of the Mann Judd Landau Case," The CPA Journal, October, 1988.
- New York State Society of Certified Public Accountants Max Block Distinguished Article Award
- Author: "No Audit, No Legal Liabilities, The Role of Iselin v. Mann Judd Landau in Limiting Liability," No Audits; No Legal Liability?
- Massachusetts Society of CPA's Quality Review Committee, June 1988;
- "Accountant's Liability for Compilation and Review Engagements," The Independent Accountant: Surviving in today's Environment, California Society of CPA's, Nov., 1989.
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| Member |
- The Association of the Bar of the City of New York
- American Bar Association (Member, Sections on: Litigation; Antitrust Law Corporation, Banking and Business Law)
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| Reported Cases |
- Fezzani v. Bear Stearns & Co., 99 Civ.
0793, 2005 U.S. Dist. LEXIS 3266, (S.D.N.Y. March 2, 2005) (representing
plaintiff, granting motion for leave to amend in part, denying RICO alternative
pleading as futile), 2004 U.S. Dist. LEXIS 15610, (S.D.N.Y. August 10, 2004)
(granting reconsideration in part and alleging re-pleading of fraud claims);
2004 U.S. Dist. LEXIS 5825, (S.D.N.Y. April 6, 2004)(denying in part motions to
dismiss)
- Brainstorms Internet Mktg. V. USA Networks, Inc., 6 A.D. 3d 381;
775 N.Y.S.2d 844 (1st Dep't 2004) (representing plaintiff, reversal
of grant of motion to dismiss);
- Trigano v. Bain & Co., No. 03-1319, 380 F.3d 22 (1st Cir. 2004)(affirming
directed verdict)
- Nisselson v. Lernout, Civil Action No. 03-10843-PBS, 2004 U.S. Dist. LEXIS 13648 (D. Mass. 2004)( representing
plaintiff, action by Trustee dismissed on standing, presently under appeal)
- Spiegel v. D.H.Blair & Co., Inc, 733 N.Y.S.2d 602 (1st Dep't 2001) (representing plaintiff, denying expansion of pre-arbitration attachment from $2.1 million to $7.5 million)
- Thomas v. A.R. Baron & Co., 95 Civ. 1615 (JGK), 967 F.Supp. 785 (S.D.N.Y. 1997) (representing plaintiff, defendants motion to compel arbitration granted)
- First Options of Chicago Inc. v. Wallenstein, 92 Civ. 5770 (HJH), 1997 U.S. Dist
LEXIS 2051 (February 28, 1997) (representing accountant defendant, defendant's
motion for summary judgment granted)
- Baxter v. A.R. Baron & Co., 94 Civ. 3913 (JGK), 1996 U.S. Dist. LEXIS 15098, (S.D.N.Y. September 30, 1996) (representing plaintiff, complaint asserting securities fraud, market manipulation and RICO violations upheld)
- same case 1996 U.S. Dist. LEXIS (18242 S.D.N.Y. December 10, 1996) (Katz, Magistrate Judge) (Plaintiff's Motion to Compel Production of SEC Transcripts
granted)
- In re Jack Kent Cooke Inc., 222 A.D.2d. 334, 635 N.Y.S.2d 611
(1st Dept, 1995) (representing defendant, case dismissed);
In re Crazy Eddie Securities Litigation, 812 F.Supp. 338 (E.D.N.Y. 1993)
(representing certain plaintiffs, securities, RICO, accounting fraud, RICO
pleading against accountant upheld)
- William Iselin & Co., Inc. v. Mann
Judd Landau, 71 N.Y. 420 (1988) (representing Defendant, accounting
negligence and fraud, summary judgment for defendant)
- Kidder v. Collins CMO Fund Ltd., 94 Civ. 3598 (DAB), 879 F. Supp. 406 (1995) (representing defendant, arbitration ordered)
- Hackensack Cars, Inc. v. Lifestyle Limousine Serv. Corp.,č· Civ. 2764 (RWS), 1990 U.S. Dist. LEXIS 6391, May 25, 1990 (representing plaintiff,
summary judgment for plaintiff granted)
- Anitora Travel, Inc. v. Lapian,
87 Civ. 0015 (PKL) 677 F. Supp. 209, S.D.N.Y. (1988) (representing defendant,
RICO case dismissed)
- Lester v. Basner, 676 F.Supp. 481 (S.D.N.Y. 1987)
(representing plaintiff in securities fraud suit, defendants' motion to compel arbitration denied)
- Pierson v. United States, 472 F.Supp. 957 (D. Del. 1979) (representing plaintiff ITT in challenge to revocation of Letter Ruling, summary judgment for plaintiff)
- Reeves v. Commissioner, 71 T.C. 727 (U.S. Tax Court 1979) (same as Pierson).
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