Barclay Damon
Barclay Damon

Mitch 
     Katz

Mitch 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

With over 30 years of experience focused on litigation and trial practice, Mitch has handled an extensive number of business disputes concerning secured transactions and loan enforcement for traditional and non-tradition lenders, ranging from national banks to private lenders, as well as a variety of contract disputes between businesses, including supply contracts, software licenses, and commercial leases.

In state and federal courts, Mitch represents clients involved in expedited discovery proceedings and the enforcement of agreements containing restrictive covenants, including noncompetition, nonsolicitation, and confidentiality clauses, which have almost uniformly included applications for temporary restraining orders and preliminary injunctions.

Mitch has also been lead trial counsel in adversary proceedings and contested matters in Chapter 11 cases for creditors and debtors, working closely with the firm’s restructuring, bankruptcy, and creditors’ rights attorneys.  As a Northern District of New York mediator, he guides numerous parties in business disputes to resolution and has attracted businesses to retain him as mediator outside of the court- directed program.

With an extensive background handling trials before the bench and juries as well appellate advocacy, Mitch offers legal counsel on 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 and for his proactive awareness of cost-benefit analyses 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.
  • Served as lead counsel in a six-day trial representing a disaster-remediation contractor against a building owner, resulting in a $1.29 million judgment.
  • Served as lead counsel for a general contractor in a bankruptcy-court trial that determined the general contractor had an ownership interest in construction equipment claimed by a Chapter 11 debtor.
  • Served as 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.
  • Served as 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 stockholders’ agreement. The court denied the preliminary injunction and allowed the parties to resolve the dispute.
  • Served as lead counsel in a federal-court action involving rights under trust indenture and related loan documents concerning the financing of several hydroelectric facilities, resulting 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 and trials.

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

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

Civic Activities

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

Speaking & Publications

  • NYS Judicial Institute, “Effective Management of Small Business Divorce Cases”
  • NYLitigator, “The Business Theory of Diversity: How Diversity Improves Law Firms’ Bottom Lines”

Honors

  • Selected to Super Lawyers Upstate New York: Business Litigation, 2007-2018
  • The Best Lawyers in America®: Bet-the-Company Litigation, Commercial Litigation, Litigation/Banking & Finance, and Litigation/Real Estate, 2017 and 2019
  • The Best Lawyers in America®, Syracuse Lawyer of the Year: Litigation/Banking & Finance
  • 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, Partner
  • Hiscock & Barclay, LLP, Associate