We are experienced employment, commercial, and criminal New York attorneys with a passion for results.

New York Employment & Commercial Law Attorneys


We are dedicated to providing the highest quality legal services available. We treat every client's problem as if it were our own, and focus on achieving the best result possible. It is our goal that all of our clients will give us their highest personal recommendation.

We are experienced attorneys with a passion for results. Both Daniel Felber and Benjamin Leftin have significant experience handling complex employment, commercial and criminal defense litigation cases. Both have worked in large legal organizations as well as trial boutique firms and bring this diverse experience to every client we represent.

We practice law with integrity and honesty, and pride ourselves on leading our clients through the legal process as their zealous advocates, counselors and champions.


Since its inception, our firm has strived to enhance existing relationships and develop referrals from both client and colleague, alike, by capitalizing on the following four “key” attributes:

Experience and success in trying cases to juries, judges and arbitrators

Ability to properly evaluate and aggressively prosecute or defend cases

Cultivation of long term connections and relationships in New York legal community

Ability to innovate to succeed and win against great odds


Practice Areas

Employment Law

We pride ourselves on negotiating and obtaining the greatest monetary packages for terminated employees or, failing that, to prosecute the employee’s claims before courts of law, arbitration panels, mediators or administrative agencies. We have found that after just one consultation, we can often identify serious violations of law that can lead to sizable damage settlements or awards for the terminated employee.

Workplace Discrimination

Laws exist to protect you from discrimination in the workplace based upon your age, gender, national origin, race, religion, sexual orientation, a pregnancy or a disability or perceived disability. If you believe that you are being treated unfairly or differently from others, or are being harassed because of your age, gender, national origin, race, religion, sexual orientation, pregnancy or a disability or perceived disability, your rights may be violated and you may be entitled to compensation. We are proud and privileged to have participated in landmark discrimination cases which have had considerable impact in the field of employment law.

Wrongful Termination

If you have a reason to think that your termination was wrongful then you should contact an attorney as soon as possible to discuss your rights and remedies.

Workplace Torts

In addition to the protection afforded by a broad array of federal, state, and city employment discrimination laws, as well as contractual guarantees, workplace tort laws also protect employees against wrongs of another kind, such as fraudulent inducement and defamation.

Family & Medical Leave Act (FMLA) Claims

Under the Family and Medical Leave Act of 1993 (FMLA), qualified employees are entitled to take up to 12 weeks of unpaid, job-protected leave during any 12-month period for one or more qualifying reasons.

Reduction in Force (RIF)

There are times when there is a valid business reason for a company to reduce its staff and when that occurs, it is a proper basis for discharging employees and unfortunately, on occasion, a great number of employees. This is called a Reduction in Force (RIF).

Fair Labor Standards Act (FLSA) Wage Claims

In addition to the protection afforded by a broad array of federal, state, and city employment discrimination laws, as well as contractual guarantees, workplace tort laws also protect employees against wrongs of another kind, such as fraudulent inducement and defamation.

Whistleblower Claims

The law protects employees who, under certain circumstances, “blow the whistle,” or report to the government or law enforcement agency, employers who are breaking the law. Such employees may not be fired, mistreated, or otherwise retaliated against for “whistle blowing,” as long as the employee has a reasonable basis for his or her belief that the activity was illegal, even if the employer did not actually violate the law.

Sexual Harassment

When sexual harassment permeates the workplace to the extent that a reasonable person would not be expected to endure such treatment, the law provides a remedy.

New York Overtime & Minimum Wage Laws

If you believe your employer is not in compliance with federal or state law regarding your hourly or overtime compensation, you may file a complaint against your employer with the local branch of the federal Wage and Hour Division, or contact us to explore your legal options regarding filing a lawsuit.

Fraudulent Inducement & Defamation

If your employer has misled you with regard to your employment, such as making false representations as to future earnings or responsibilities, and you relied upon these promises, then you may have a claim of fraudulent inducement and may be entitled to compensation. Similarly, if an employer or co-worker makes or publishes false statements about a worker’s performance or record that injures that employee’s reputation, they may also be entitled to compensation.

Workplace Harassment & Hostile Workplace Claims

Unfortunately, discrimination in the workplace is all too common, but what exactly is a “hostile work environment”? Generally, a hostile work environment is one in which an employee is subjected to egregious and negative treatment because of their age, race, gender, national origin, disability or sexual orientation.

Trial and Appellate Advocates to the Legal Profession

Even lawyers sometimes need legal assistance. We are available to provide trial counsel and local counsel services, co-counsel and litigation support to members of the legal profession.

Performance Improvement Plans (PIP)

Performance Improvement Plans (“PIP’s”) have been a growing problem for our clients. Human Resource employees and consultants are advising employers that PIP’s can be used whenever they want to get rid of an employee, regardless of the underlying reason. They are very frequently a tactic to achieve an end: getting someone to leave, resign, act out in anger, retire or otherwise depart, with as little compensation as possible, including severance, unemployment or notice-period expense. Thankfully, there are usually paper trails which can ferret out whether the motivation behind the PIP is legitimate or whether it is being used to improperly push someone out. We believe every PIP should be resisted in an effective manner.

Mediation & Arbitration

Dispute resolution processes are exist to resolve disputes when the time and cost required in Court would be prohibitive. Alternatives to Dispute Resolution (ADR) may be used to resolve many types of dispute, including employment disputes. ADR processes are often more flexible and less formal than litigation in court, providing parties with more control and greater participation over the outcome of the dispute. Usually, ADR tends to be less expensive and more efficient than the traditional legal processes.

Commercial Litigation

Our firm has had over twenty-eight years of experience in the field of commercial litigation. We have the experience to help you with any of these issues, and will be pleased to meet with you in an initial interview.

Employment Contracts

An attorney can make a critical difference in the negotiation and drafting of the terms and language of the agreement. An attorney can review your employment contract and assure you that the language fully, accurately and clearly sets forth the essential terms of your arrangement with the employer.

Severance Agreeements

Severance Agreements provide for benefits and often impose significant obligations that could and should be examined by an attorney who has experience with such agreements. We protect clients' interests by identifying and making changes to the employment severance agreements when possible.

Estate Litigation

When the intentions of a decedent are clearly stated and legally sound, the process of probate and estate administration should proceed smoothly and without complications. However, in several circumstances, this process can be delayed and result in conflict and litigation.

Criminal Defense

Our attorneys are highly experienced and knowledgeable in criminal law, procedures, law enforcement tactics and prosecutorial policies. We have vast experience in virtually all types of criminal matters, ranging from complex white collar crimes such as tax fraud, forfeiture, money laundering, financial institution reporting violations (FBAR), embezzlement, theft of trade secrets, structuring of monetary transactions and bribery, to DWI, drug prosecutions, homicide, assault, robbery, weapon possession and theft. Our knowledge, experience and prior successes ensure that you will receive the best legal defense available.

Civil Rights Litigation

Federal, State and Local laws offer numerous protections for people who have encountered discrimination at the hands of the government. If you feel that you have been wrongly arrested or mistreated by police officers, we can also advise you as to your rights and ability to recover compensation from those who have caused you harm, whether it be emotional or physical.

Appellate Practice

When others have failed we can help. Our appellate practice deals with recognition, preservation and reversal of errors committed by the lower courts in state or federal appellate courts through brief writing, writ, motion practice and oral argument. Our attorneys have had decades of experience perfecting and arguing appeals in both State and federal appellate courts.

Our Practice Areas


Our Attorneys

Daniel Felber

917.848.7778
daniel@felberlaw.com

Since 1983, Daniel Felber has honed his skills as a zealous advocate for his clients in several areas of law, but always with an emphasis on litigation and trial practice. Beginning with his auspicious admission into the ‘Order of the Barristers’ in law school, and continuing through scores of trials in State and Federal court, Mr. Felber has proven his singular dedication to his clients and a proficiency in courtroom advocacy that has made the difference between success and defeat for numerous individuals and entities.

Among his notable achievements, Mr. Felber has handled several landmark cases which have had a sustaining influence on the law in New York, including: one of the first AIDS discrimination case in New York (later the subject of major motion picture); the trial of Islamic fundamentalists who conspired to bomb New York City landmarks; the trial that exposed wide-spread corruption in the New York City Department of Buildings; and the trial that set the legal standard for theft of trade secrets in the international travel industry.

Just recently, in June 2010, Mr. Felber served as lead trial attorney for a fashion designer and clothing manufacturer whose designs and garments were lost as a result of flooding. Mr. Felber successfully presented and argued the case before a jury in Manhattan and achieved a $1.7 million award on behalf of his client for lost designs and profits (a result which stands as one of the more significant awards in New York State for this type of claim).

In addition to his vibrant legal practice, Mr. Felber frequently teaches as an Adjunct Professor in the field of law and trial advocacy, having taught at the Benjamin N. Cardozo School of Law, Pace University School of Law, and John Jay College. He serves as a faculty member of the National Institute of Trial Advocacy and has lectured and appeared as a panelist at symposia around the country, as well as on Court TV, NY 1 and other local news networks.

Education
Binghamton University (B.A., summa cum laude, 1978);
Benjamin N. Cardozo School of Law, Yeshiva University (J.D., cum laude, 1982);
Cardozo Law Review, 1980-1982.

Jurisdictions Admitted to Practice
State of New York, 1983
U.S. District Court, Southern District of New York, 1984
U.S. District Court, Eastern District of New York, 1984
U.S. Court of Appeals for the Second Circuit, 2002
U.S. Supreme Court, 1994


Benjamin Leftin

Benjamin Leftin acts as senior litigation counsel to the firm. A 2006 graduate from Brooklyn Law School, Mr. Leftin’s relatively brief legal career belies his abilities as a forceful and effective advocate, both in and out of the courtroom.

Within just a handful of years, Mr. Leftin has gained noteworthy and invaluable litigation experience representing a wide array of civil plaintiffs and criminal defendants, including participating in the representation of capital defendants in South Carolina and a high profile alleged mafia boss in the Southern District of New York. During his tenure as a public defender in Bronx County, Mr. Leftin successfully represented hundreds of New York City residents against the full force and resources of the government, negotiated a multitude of favorable pleas, and achieved full acquittals in over a dozen trials.

With a solid foundation in criminal defense, Mr. Leftin turned his attention to civil litigation as a senior attorney at a boutique plaintiff’s employment-law practice. In that capacity, Mr. Leftin engaged in employment and severance contract negotiation, FINRA arbitration, mediation, and the litigation of contractual disputes, non-competition agreements, defamation claims, and retaliatory firings.

In addition to his well-demonstrated oral advocacy, Mr. Leftin has proven himself to be an insightful and persuasive legal author in both motions and appeals, having learned from and practiced with some of New York’s premier appellate attorneys.

Education
University of Pittsburgh (B.A., 2002)
Brooklyn Law School (J.D., Edward V. Sparer Fellow, 2006)

Admissions
New York State, 2007

Meet Our Team


Of Counsel

Balsam & Goldfield

Balsam & Goldfield has an of counsel relationship with The Law Office of Daniel Felber, together, our two law firms have joined forces to better assist each other’s client relationships, by providing a more diverse perspective on our clients’ legal issues, utilizing our combined experience and expertise, while at the same time giving us the ability, if called upon, to meet our clients’ litigation-related staffing needs. In addition, Balsam & Goldfield can provide practice areas to prospective clients that The Law Office of Daniel Felber do not provide, and which may produce efficiencies in the event the matter ends up in as a litigation or alternative dispute resolution.

Robert Balsam

Founder and managing partner of Balsam & Goldfield, Mr. Balsam has a formidable legal background. He began his legal career in the litigation department of Breed, Abbott & Morgan, a large, international law firm, where for three years he represented Fortune 500 companies including advertising agencies, trade associations, various national and multinational chemical manufacturers and many international corporations, in a variety of state and federal matters, including massive, multi-defendant litigation.

In 1987, with a desire to experience more personal client contact than was possible in a large law firm, Mr. Balsam formed what is now Balsam & Goldfield where his practice includes all aspects of trust and estates, estate planning, entertainment law, as well as commercial and real estate transactions. Other areas of Mr. Balsam's practice include counseling and negotiation in the areas of contracts, copyright, libel, rights of privacy and publicity, commercial and residential real estate, the formation of partnerships, corporations, charitable foundations and limited liability companies. He also has vast experience in international business relations on behalf of a variety of independent business enterprises and entrepreneurs.

Mr. Balsam graduated from The Benjamin N. Cardozo School of Law in the top five percent of his class. He graduated summa cum laude and was elected Notes and Comments Editor of the Cardozo Law Review.

Mr. Balsam is admitted to practice in the State of New York and the United States District Courts for the Southern and Eastern District of New York.

Edward Lopez

Edward Lopez, a partner at the law firm of Balsam & Goldfield. For nearly thirty years, first as a Senior Trial Attorney with The Legal Aid Society, Criminal Defense Division, and later as a lawyer in private practice, Mr. Lopez has acquired substantial and diverse trial experience. Over these many years he has tried many cases to verdict. He specializes in all areas of criminal and civil litigation as well as commercial and real estate transactions.

Mr. Lopez graduated from New York Law School in 1981 and is admitted to practice in New York State and in the Southern and Eastern Districts of New York.


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