Barclay Damon
Barclay Damon

Mitchell J. Katz

Mitchell J. Katz

Partner

p: 315.413.7114

f: 315.703.7348

icon_email mkatz@barclaydamon.com
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Syracuse Office

Barclay Damon Tower
125 East Jefferson Street
Syracuse, New York 13202

Mitch presented his first case to a jury in 1987 and since then, he has handled bench and jury trials and appeals in state and federal courts and commercial arbitrations and mediations involving creditors’ rights, including Chapter 11 and restructuring; contested commercial-foreclosure actions; contract disputes; employers’ rights; lender-liability defense; limited liability companies and partnerships; and non-compete and confidentiality agreements.

As a problem solver who well understands the risks and benefits of litigation, Mitch offers legal counsel pertaining to strategic business operations ranging from day-to-day management issues to real time contract disputes. He is respected by clients for his ability to foresee and negotiate complex corporate issues at all stages of the litigation process, ever mindful of the cost-benefit analysis that businesses must confront when making decisions concerning commercial disputes.

Representative Experience

  • Served as lead counsel in representing a foreign corporation in arbitration arising from a Delaware LLC operating agreement, resulting in a $350,000 award after a four-day evidentiary hearing.
  • Lead counsel in a six-day trial representing a disaster remediation contractor against a building owner, resulting in a $1.29 million judgment.
  • Lead counsel for a general contractor in a bankruptcy court trial that determined the general contractor had ownership interest in construction equipment claimed by a Chapter 11 debtor.
  • Lead counsel in a hotly contested “business divorce” between owners of a limited liability company, in which a successful motion for summary judgment forced a desirable sale transaction.
  • Lead counsel for a former employee of an international specialty manufacturer who was sued by the former employer to enforce restrictive covenants in an employment agreement and stockholder’s agreement, in which the court denied the preliminary injunction and allowed the parties to resolve the dispute.
  • Lead counsel in a federal court action concerning rights under trust indenture and related loan documents concerning the financing of several hydroelectric facilities, which resulted in two favorable decisions by the US Court of Appeals for the Second Circuit and ultimate favorable disposition for the clients in a companion bankruptcy case.
  • Represented a manufacturer-distributor in a dispute involving a professional services agreement related to the development of commercial property, and, due to the small amount in dispute, successfully counseled the client through mediation to reach a business solution.
  • Successfully concluded an arbitration involving a business dispute between professionals.
  • Successfully represented a vendor in an Article 78 proceeding against a school district involving the letting of a public contract.
  • Secured a defense verdict and judgment in a jury trial concerning a $1 million lease finance dispute.
  • Successfully represented a county in an Article 78 proceeding against a village concerning a public works project.
  • Appeared as litigation counsel in several Chapter 11 proceedings to handle evidentiary hearings.

Practice Areas

Education

  • Boston University School of Law, J.D., cum laude
  • State University of New York at Binghamton, B.A.

Admitted To Practice

  • New York
  • U.S. District Court, Northern District of New York
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Western District of New York
  • U.S. Court of Appeals, 2nd Circuit
  • U.S. Supreme Court

Memberships & Affiliations

  • Northern District of New York Federal Court Bar Association, Immediate Past President
  • New York Bar Foundation, Fellow
  • Chief Judge of the State of New York Advisory Council on the Commercial Division, Permanent Appointment
  • New York State Bar Association, Membership Committee, Co-Chair
  • Onondaga County Bar Association
  • New York State Bar Association, Commercial and Federal Litigation Section, Former Chair
  • New York State Bar Association, Committee on the Commercial Division, Former Co-Chair

Civic Activities

  • Onondaga County Volunteer Lawyers Project, Inc., Board Member 
  • Syracuse Habitat for Humanity, Former Board President

Speaking & Publications

  • Watertown Daily Times, "City Hires Outside Attorney in Watertown Golf Club Lawsuit"
  • NYS Judicial Institute, "Effective Management of Small Business Divorce Cases"
  • NYLitigator, “The Business Theory of Diversity: How Diversity Improves Law Firms’ Bottom Lines”

Honors

  • The Best Lawyers in America ®: 2009-2019
  • Selected to Super Lawyers Upstate New York: Business Lit, 2007-2018
  • The Best Lawyers in America ®, Bet-the-Company Litigation, Commercial Litigation, Litigation/Banking & Finance, and Litigation/Real Estate, 2017, 2019 
  • The Best Lawyers in America ®, Syracuse Litigation/Banking & Finance Lawyer of the Year
  • Martindale-Hubbell “AV” Peer Review Rated for Very High to Preeminent Ethical Standards and Legal Ability

Prior Experience

  • Menter, Rudin & Trivelpiece, P.C., Shareholder
  • Hiscock & Barclay, LLP