Joel Hankin’s practice includes complex domestic and foreign commercial litigation and arbitration. Joel has experience in a number of substantive litigation disciplines, including securities litigation, financial services litigation, communications litigation and litigating false advertising cases.
Oftentimes the resolution of a particular client’s dispute requires creativity and flexibility. Having resolved dozens of disputes through non-binding mediation, Joel brings a calm hand to resolving even the most difficult matters. When informal resolution is not possible or is not in his client’s interest, Joel will aggressively litigate matters in order to ensure that his client’s rights are protected.
Notably, Joel has been involved in litigations with billions of dollars at stake. Joel was instrumental in defending a financial services client who was alleged to have been responsible for the collapse of a health care financing company. With aggressive discovery positions and early strategic discussions, the client was able to secure a favorable settlement. Joel was also a key team member securing the dismissal of a securities fraud action seeking over $2 billion in damages prior to discovery, saving his client from years of expensive litigation.
On the mediation side, Joel has litigated hundreds of bankruptcy preference actions. He has taken such cases from complaint through discovery, mediation and litigation, securing millions of dollars for his client.
Joel strives to balance his client’s goals with the law and the process of litigation. Joel is able to get up to speed on cases quickly, and is relied upon for his innate skill in deescalating even the most contentious situations. Direct, honest and prepared, Joel employs an analytical approach to litigation in order to identify the best solution to resolving the dispute at hand.
Class Action and Complex Litigation
Member of the litigation team that represented a leading financial institution and certain of its officers and directors in a class action securities fraud action seeking over $2 billion for the decline in value of the company’s stock. Obtained a dismissal of the action for the client prior to the start of discovery.
Member of the litigation team that represented JPMorgan Chase Bank in connection with the multibillion-dollar collapse of a health care financing company. Representation included the management of related multi-district litigation, bankruptcy proceedings and governmental investigations.
Member of the litigation team that represented a foreign bank in a class action lawsuit in connection with the worldwide redemption of a $200 million bond offering. A favorable settlement for our client was reached prior to trial.
Member of the litigation team representing international video game publisher in multimillion-dollar dispute with a departing senior executive. Matter included extensive pre-litigation mediation, followed by dual-tracked litigations in state and federal court, appeals, and related insurance coverage litigation. The dispute is currently proceeding in state court, where extensive and complex discovery is anticipated.
Member of the litigation team that represented a chemical manufacturer and a chemical distributor in a landmark mass tort litigation arising from alleged chemical exposure in the semiconductor industry workplace. Approximately 200 plaintiffs claimed various injuries, including birth defects and different types of cancers allegedly caused by exposure to a wide variety of industrial chemicals in the workplace, including ethylene glycol ethers, acetone, benzene, n-butyl acetate and other chemicals.
International Arbitration and Mediation
Member of the litigation team in an action against Nigeria involving the enforcement of an approximately $275 million arbitration award and foreign judgment confirming the award. Obtained an unprecedented award of sanctions against Nigeria for failing to comply with post-judgment discovery regarding its assets in the United States.
Member of the litigation team representing international construction company investors in a multimillion-dollar tax arbitration.
Member of the litigation team that represented financial investors in a foreign automotive company during an arbitration proceeding under the guidelines of the International Chamber of Commerce. The arbitration, which resulted in a complete victory for the client, was successfully upheld on appeal to the Southern District of New York. The case settled favorably while on appeal to the Second Circuit.
Member of the litigation team representing a bankruptcy trustee of a leading manufacturer of batteries in the United States, which went bankrupt in 2015. Brought suit against more than two dozen creditors for wrongful receipt of preferential payments. Successfully resolved many of these lawsuits and recovered over $2.5 million for the bankrupt estate.
Member of the litigation team that represented a bankruptcy trustee of the former largest ethanol manufacturer in the United States, which went bankrupt in 2008. Have brought suit against over 100 creditors for wrongful receipt of preferential payments. Successfully resolved many of these lawsuits and recovered over $10 million for the bankrupt estate.
IP/False Advertising/Consumer Fraud
Member of the litigation team that represented a major nutritional supplement manufacturer in a Lanham Act jury trial involving comparative advertising claims in the Eastern District of New York. The jury unanimously found that our client’s statement, used on wholesalers’ and retailers’ store brand packaging for joint care products, inviting consumers to compare the products to a competitor’s products, is not false and misleading and does not violate Section 43 of the Lanham Act.
Member of the litigation team that represented a private company in a patent infringement matter against eBay, PayPal and others in a dispute regarding the e-commerce auction processes.
Member of the litigation team that represented The Hartz Mountain Corporation in a lawsuit filed by artist Juli Adams, who alleged that Hartz violated a license of IP copyrighted illustrations and a trademark claim through its use of the ANGRY BIRDS trademark in connection with the sale of pet toys. The case settled favorably weeks before trial.
Member of the litigation team representing stevedore in multimillion-dollar insurance dispute concerning coverage for damage incurred during Superstorm Sandy.
Member of the litigation team that represented a major oil company in various lawsuits initiated throughout the United States, impacting the manner in which crude oil is traded in the United States.
Member of the litigation team that represented JPMorgan Chase in a $2.1 billion litigation against a group of insurance companies that refused to honor surety bonds issued to back-stop certain commodities transactions involving Enron. We achieved a favorable settlement for our client during jury deliberations.
Member of the litigation team that represented the seller of a midtown Manhattan office building prosecuting claims for breach of Purchase and Sale Agreement by an ostensible purchaser, winning a motion for summary judgment, which allowed the seller to retain a $38.5 million deposit on the sale, plus interest. The judgment was affirmed by a five-member panel of judges in the New York state court of appeals.