Russell Yankwitt
USA Guide 2023
Band 4 : Litigation: General Commercial
Band 4
About
Provided by Russell Yankwitt
Practice Areas
Russell Yankwitt is one of Westchester County’s most highly respected attorneys, known for his impressive track record of case wins in the courthouse, in private arbitration and at the settlement table. Unlike many litigators, Russell is not afraid to take cases to trial, which he leverages at mediations and during settlement negotiations to secure the best outcomes for his clients. His thorough preparation and ability to assess his adversaries’ tipping points are key factors in his exceptional success at settling cases favorably.
One of Russell’s standout qualities is his unwavering commitment to his clients. He deeply cares for them personally and advocates for them with unyielding determination and dedication. He always gives 100 percent, standing resolute and Yankwitt Tough until the case is fully resolved. For all these reasons, clients regularly turn to Russell for sophisticated yet sympathetic legal counsel.
Russell is an active member of the Westchester County community, serving on multiple not-for-profit boards and on the Executive Board of the Westchester County Board Association. He also serves on the Executive Board of the Federal Bar Council. His leadership roles in the state and federal bar associations and his reputation for integrity and trustworthiness have earned him the respect of his peers and the judiciary, as well as regular recognition and inclusion in Super Lawyers, Best Lawyers, Chambers and Partners, and Benchmark organizations.
Prior to founding Yankwitt LLP in 2009, Russell worked at the prestigious New York City law firm Skadden, Arps, Slate, Meagher and Flom LLP and served as an Assistant United States Attorney in the Southern District of New York and a federal law clerk in the Eastern District of New York, where he fostered relationships with the bar and bench that he draws on to this day.
Articles, highlights and press releases
29 items provided by Yankwitt LLP
Trials Occur in a Court”: SDNY Leads the Way on Strict Construction of FRCP 45(c)’s 100-Mile Limit
Federal Rule of Civil Procedure (“FRCP”) 45(c) restricts federal courts’ powers to compel testimony from a third-party witness in civil litigation to locations: (1) “within 100 miles of where the person resides, is employed, or regularly transacts business in person;” or (2) within the state of resi
Retroactive v. Prospective Application of the 2020 NY Anti-SLAPP Amendments
NY's 2020 Anti-SLAPP law, favoring free speech, doesn't apply to pre-2020 cases, as affirmed by the Second Department, signaling a focus on future application.
Yankwitt LLP Scores Rarely Granted Extension to File Notice of Claim
Yankwitt LLP won approval to file a late Notice of Claim for a client whose hotel was flooded due to a neighboring city-owned lot's burst pipe, overcoming New York's strict filing deadline.
Yankwitt LLP Successfully Settles Contentious Family Dispute
Yankwitt LLP quickly settled a complex family estate dispute after filing for summary judgment, highlighting their strong brief writing and negotiation.
Yankwitt LLP Successfully Defends Legal Services of the Hudson Valley in Pro Bono Defamation Case
Yankwitt LLP’s pro bono team secured the complete withdrawal of a perjury and defamation case brought against the Legal Services of the Hudson Valley (LSHV) by a landlord who had been adverse to LSHV’s tenant client.
Yankwitt LLP’s Relentless Approach to Negotiations Yields Favorable Settlement for Restaurant Client
Yankwitt LLP, led by Russell Yankwitt and Michael Reed, achieved a multi-million-dollar settlement in a lease dispute, settling for under 5% of the initial demand after effective discovery.
Estop or Not to Estop: Second Department Analyzes DMV Address Update Effects
The Second Department clarifies that not updating your DMV address, as required by New York law, doesn't automatically prevent challenging service, with estoppel depending on case-specific facts, as shown in Castillo-Florez v Charlecius.
U.S. Second Circuit Certifies Jurisdiction Question to New York's High Court.
The U.S. Second Circuit Court of Appeals seeks clarity from New York's highest court on the "inherited jurisdiction theory" for cases involving acquisitions without formal mergers.
NY State Proposes Amendments to Labor Law Voiding All Noncompete and Restrictive Covenant Agreements
New York State Assembly approves NYLL Section 191-d, banning post-employment noncompete agreements, effective after approval, with potential legal action against violators.
Westchester Supreme Court Grants Late Motion to Amend Under NY CPLR 3025(b)
The Westchester County Supreme Court Commercial Division, guided by CPLR 3025(b), favors allowing late amendments in cases without surprise or prejudice, ensuring timely case resolution.
Second Department Rules Against Consolidation When One Action Faces Valid Dismissal Motion
A recent Second Department ruling mandates that for consolidation under CPLR 602(a), each action must be independently viable and not facing a valid motion to dismiss.
Law360 Reports on How Yankwitt LLP Consistently Attracts Top-Tier Talent
Law360's interview with Yankwitt LLP's founder Russell Yankwitt and new partner Jason Swergold reveals the firm's appeal for top-tier talent, emphasizing trial opportunities and work-life balance as key attractions.
Yankwitt LLP Untangles Procedural Jumble to Show Client Was Not Properly Served
Yankwitt LLP secured case dismissal for a SOHO bar client due to improper service and expired statute of limitations in an assault and battery lawsuit.
Second Circuit Unanimously Affirms the Dismissal of All Claims Against Yankwitt LLP’s Client
Yankwitt LLP successfully defended the Irish Dancing Teachers Association of North America Mid-Atlantic Region in the Second Circuit, securing the dismissal of defamation and tortious interference claims.
What Makes a Wage and Hour Attorneys’ Fee Award “Reasonable”?
In a March 2023 ruling, Judge Philip M. Halpern of the Southern District of New York set a precedent by considering attorneys' fees over one-third of wage and hour settlements as unreasonable.
Celebrating Our 14th Anniversary with a Top 14 Countdown
On July 8th, marking our 14th anniversary, we celebrated this momentous occasion by highlighting 14 significant accomplishments.
NYC Council Approves Amendment to the Human Rights Law
NYC Council approves amendment to the Human Rights Law to include 'height and weight' as protected under the discrimination statute.
Yankwitt LLP Expands Litigation Team
Yankwitt LLP expands litigation team with former Manhattan Assistant District Attorney and federal law clerk Corey Briskin
Yankwitt LLP Recognized for the Third Year in Chambers USA's Top Commercial Litigation Firms
Yankwitt LLP, a leading Westchester law firm in high-stakes litigation, has been recognized for the third consecutive year in the Chambers USA ranking of top commercial litigation firms, with its founder Russell Yankwitt also selected in the Litigation: General Commercial category
Yankwitt LLP Wins Business Council of Westchester Small Business Success Award
Yankwitt LLP, a premier law firm in Westchester known for high-stakes litigation, was honored with the Business Council of Westchester Hall of Fame Award for Small Business Success, recognizing its exceptional performance and reputation in legal services.
Yankwitt LLP Honored as a Best Company to Work for in New York for the Third Year in a Row
Yankwitt LLP, a leading Westchester County law firm, has been named one of the Best Companies to Work for in New York for the third consecutive year, consistently ranking in the top 10 among small companies.
Yankwitt LLP Obtains Complete Defense Verdict at Arbitration and Then Wins Summary Judgment Motion
Yankwitt LLP achieved dismissal of all claims against a casino client, proving the plaintiff's alleged injuries were due to pre-existing health issues.
Yankwitt LLP Launches 2023-2024 Immediate Impact Scholarship at Pace Law School
Yankwitt LLP has initiated the 2023-2024 Immediate Impact Scholarship at Pace University aimed at supporting an incoming student of color with financial need and an interest in social justice.
Former Assistant United States Attorney and Big Firm Litigator Joins Yankwitt LLP as Partner
Yankwitt LLP has enhanced its team by hiring Jason Swergold, an experienced former Assistant U.S. Attorney and Am Law 100 litigator, as a new partner.
Nine Yankwitt LLP Attorneys Named to 2023 New York Metro Super Lawyers and Rising Stars
Russell M. Yankwitt has been recognized as one of the top 25 attorneys in Westchester and among the top 100 attorneys in New York.
To Vacate or Confirm? How Excessive Attorneys’ Fees Award Brought Down an Entire Arbitration Award
A case that demonstrates the importance of substantiating attorneys' fees so as not to invalidate an otherwise proper arbitration award.
Westchester Supreme Court Addresses Question of First Impression Under New York’s Child Victim’s Act
Does the Child Victim's Act apply to wrongful death claims brought by a survivor’s decedents or only those brought by survivors?
Intent to be Bound: The Validity of Settlements Negotiated Over Email
At what point does an exchange of settlement terms via email rise to the level of a binding settlement agreement?
Best Companies Group Names Yankwitt LLP to its Best Law Firms List
Yankwitt LLP, Westchester's go-to law firm for high-stakes litigation, was selected for Best Companies Group's Best Law Firms list, for prioritizing employee well-being and excellence in legal representation.
Trials Occur in a Court”: SDNY Leads the Way on Strict Construction of FRCP 45(c)’s 100-Mile Limit
Federal Rule of Civil Procedure (“FRCP”) 45(c) restricts federal courts’ powers to compel testimony from a third-party witness in civil litigation to locations: (1) “within 100 miles of where the person resides, is employed, or regularly transacts business in person;” or (2) within the state of resi
Retroactive v. Prospective Application of the 2020 NY Anti-SLAPP Amendments
NY's 2020 Anti-SLAPP law, favoring free speech, doesn't apply to pre-2020 cases, as affirmed by the Second Department, signaling a focus on future application.
Yankwitt LLP Scores Rarely Granted Extension to File Notice of Claim
Yankwitt LLP won approval to file a late Notice of Claim for a client whose hotel was flooded due to a neighboring city-owned lot's burst pipe, overcoming New York's strict filing deadline.
Yankwitt LLP Successfully Settles Contentious Family Dispute
Yankwitt LLP quickly settled a complex family estate dispute after filing for summary judgment, highlighting their strong brief writing and negotiation.
Yankwitt LLP Successfully Defends Legal Services of the Hudson Valley in Pro Bono Defamation Case
Yankwitt LLP’s pro bono team secured the complete withdrawal of a perjury and defamation case brought against the Legal Services of the Hudson Valley (LSHV) by a landlord who had been adverse to LSHV’s tenant client.
Yankwitt LLP’s Relentless Approach to Negotiations Yields Favorable Settlement for Restaurant Client
Yankwitt LLP, led by Russell Yankwitt and Michael Reed, achieved a multi-million-dollar settlement in a lease dispute, settling for under 5% of the initial demand after effective discovery.
Estop or Not to Estop: Second Department Analyzes DMV Address Update Effects
The Second Department clarifies that not updating your DMV address, as required by New York law, doesn't automatically prevent challenging service, with estoppel depending on case-specific facts, as shown in Castillo-Florez v Charlecius.
U.S. Second Circuit Certifies Jurisdiction Question to New York's High Court.
The U.S. Second Circuit Court of Appeals seeks clarity from New York's highest court on the "inherited jurisdiction theory" for cases involving acquisitions without formal mergers.
NY State Proposes Amendments to Labor Law Voiding All Noncompete and Restrictive Covenant Agreements
New York State Assembly approves NYLL Section 191-d, banning post-employment noncompete agreements, effective after approval, with potential legal action against violators.
Westchester Supreme Court Grants Late Motion to Amend Under NY CPLR 3025(b)
The Westchester County Supreme Court Commercial Division, guided by CPLR 3025(b), favors allowing late amendments in cases without surprise or prejudice, ensuring timely case resolution.
Second Department Rules Against Consolidation When One Action Faces Valid Dismissal Motion
A recent Second Department ruling mandates that for consolidation under CPLR 602(a), each action must be independently viable and not facing a valid motion to dismiss.
Law360 Reports on How Yankwitt LLP Consistently Attracts Top-Tier Talent
Law360's interview with Yankwitt LLP's founder Russell Yankwitt and new partner Jason Swergold reveals the firm's appeal for top-tier talent, emphasizing trial opportunities and work-life balance as key attractions.
Yankwitt LLP Untangles Procedural Jumble to Show Client Was Not Properly Served
Yankwitt LLP secured case dismissal for a SOHO bar client due to improper service and expired statute of limitations in an assault and battery lawsuit.
Second Circuit Unanimously Affirms the Dismissal of All Claims Against Yankwitt LLP’s Client
Yankwitt LLP successfully defended the Irish Dancing Teachers Association of North America Mid-Atlantic Region in the Second Circuit, securing the dismissal of defamation and tortious interference claims.
What Makes a Wage and Hour Attorneys’ Fee Award “Reasonable”?
In a March 2023 ruling, Judge Philip M. Halpern of the Southern District of New York set a precedent by considering attorneys' fees over one-third of wage and hour settlements as unreasonable.
Celebrating Our 14th Anniversary with a Top 14 Countdown
On July 8th, marking our 14th anniversary, we celebrated this momentous occasion by highlighting 14 significant accomplishments.
NYC Council Approves Amendment to the Human Rights Law
NYC Council approves amendment to the Human Rights Law to include 'height and weight' as protected under the discrimination statute.
Yankwitt LLP Expands Litigation Team
Yankwitt LLP expands litigation team with former Manhattan Assistant District Attorney and federal law clerk Corey Briskin
Yankwitt LLP Recognized for the Third Year in Chambers USA's Top Commercial Litigation Firms
Yankwitt LLP, a leading Westchester law firm in high-stakes litigation, has been recognized for the third consecutive year in the Chambers USA ranking of top commercial litigation firms, with its founder Russell Yankwitt also selected in the Litigation: General Commercial category
Yankwitt LLP Wins Business Council of Westchester Small Business Success Award
Yankwitt LLP, a premier law firm in Westchester known for high-stakes litigation, was honored with the Business Council of Westchester Hall of Fame Award for Small Business Success, recognizing its exceptional performance and reputation in legal services.
Yankwitt LLP Honored as a Best Company to Work for in New York for the Third Year in a Row
Yankwitt LLP, a leading Westchester County law firm, has been named one of the Best Companies to Work for in New York for the third consecutive year, consistently ranking in the top 10 among small companies.
Yankwitt LLP Obtains Complete Defense Verdict at Arbitration and Then Wins Summary Judgment Motion
Yankwitt LLP achieved dismissal of all claims against a casino client, proving the plaintiff's alleged injuries were due to pre-existing health issues.
Yankwitt LLP Launches 2023-2024 Immediate Impact Scholarship at Pace Law School
Yankwitt LLP has initiated the 2023-2024 Immediate Impact Scholarship at Pace University aimed at supporting an incoming student of color with financial need and an interest in social justice.
Former Assistant United States Attorney and Big Firm Litigator Joins Yankwitt LLP as Partner
Yankwitt LLP has enhanced its team by hiring Jason Swergold, an experienced former Assistant U.S. Attorney and Am Law 100 litigator, as a new partner.
Nine Yankwitt LLP Attorneys Named to 2023 New York Metro Super Lawyers and Rising Stars
Russell M. Yankwitt has been recognized as one of the top 25 attorneys in Westchester and among the top 100 attorneys in New York.
To Vacate or Confirm? How Excessive Attorneys’ Fees Award Brought Down an Entire Arbitration Award
A case that demonstrates the importance of substantiating attorneys' fees so as not to invalidate an otherwise proper arbitration award.
Westchester Supreme Court Addresses Question of First Impression Under New York’s Child Victim’s Act
Does the Child Victim's Act apply to wrongful death claims brought by a survivor’s decedents or only those brought by survivors?
Intent to be Bound: The Validity of Settlements Negotiated Over Email
At what point does an exchange of settlement terms via email rise to the level of a binding settlement agreement?
Best Companies Group Names Yankwitt LLP to its Best Law Firms List
Yankwitt LLP, Westchester's go-to law firm for high-stakes litigation, was selected for Best Companies Group's Best Law Firms list, for prioritizing employee well-being and excellence in legal representation.
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