Practice Areas

Fensterstock, P.C. represents companies and individuals in complex commercial litigation and employment matters in trials, arbitrations, appeals, and negotiations on both the plaintiff and defense side in New York state and federal courts, and in arbitration. We also act as New York local counsel.


We represent companies and individuals in high-stakes business disputes. We have a formidable trial record.

We represent companies and individuals in complex, high-stakes business disputes.  Litigation is not always the best course of action and we employ alternative resolution measures that achieve early and cost-effective resolutions, but when it is the right course of action, we litigate aggressively and creatively. We have tried cases in federal and state courts and before arbitration panels involving many areas of business controversy. We love what we do, and the Fensterstock name has been recognized as the hallmark of top-notch complex commercial litigation for nearly a century. We have also argued appeals before numerous federal and state appeals courts.

We represent individuals and companies within the following industries:

Digital AdvertisingPharmaceutical
EmploymentReal Estate
Financial ServicesRecruiting

We are here to help you negotiate, settle, and, if necessary, bring your employment matters to trial.

Fensterstock, P.C. provides employment advice to executives and companies, negotiates compensation packages and separation agreements, and consults on covenants not to compete (non-compete agreements) and non-solicitation clauses. We know what provisions to look for and what to address before you extend that offer, take that new job, fire that disgruntled employee, sign away your rights, or jeopardize your chances of winning at trial.

We help ground you in the face of whistleblower actions, either by filing them for you and diligently and proactively guiding you through the process, or by protecting your company so that your company does not make costly mistakes.

In addition, we focus on representing employers and executives in employment and labor-related litigation, including cases involving non-compete agreements, non-solicitation of employee provisions, non-solicitation of clients clauses, executive termination, unpaid compensation, and employee misconduct. We have significant experience as counsel in employment actions involving injunctive relief, breach of contract, whistleblowers, and misappropriation of trade secrets.

outside general counsel

We are here to advise you so that you don’t have to do it alone.

We act as outside general counsel for smart small to mid-size businesses that do not require full-time in-house representation, but that have the foresight to align with a legal advisor from the get-go. These businesses benefit from having an established long-term relationship with an experienced legal advisor, on an ad hoc or retained basis, as an advisor during contract creation or review, negotiation, disputes, and as a sounding board on all business-related matters, with an eye toward preventing costly mistakes, creating economies of scale, and avoiding litigation or aggressively litigating when necessary.

We handle cases involving:

Breach of ContractMaster Service Agreements
Breach of Fiduciary DutyMediation
Business NegligenceNon-Competition Agreements
Confidentiality AgreementsNon-Disclosure Agreements
Contract InterpretationNon-Solicitation Agreements
ConspiracyPromissory Estoppel
ConversionQuantum Meruit
Damages AnalysisRestrictive Covenants
Declaratory JudgmentSanctions
DefamationSarbanes-Oxley Whistleblower Actions
Employment ContractsSeparation Agreements
Executive CompensationSeverance Agreements
FraudShareholder Derivative Suits
IndemnificationStock Purchase Agreements
IndenturesTemporary Restraining Orders
InjunctionsTheft (Misappropriation) of Trade Secrets
Interpleader ActionsTortious Interference
Professional Liability and Malpractice – Accounting, Business, Consulting, and LegalUnjust Enrichment

Learn more about what sets us apart.