EVAN S. FENSTERSTOCK
Founder, Litigator, Mediator
Evan S. Fensterstock is a New York City trial lawyer and founder of the complex commercial and employment litigation law firm, Fensterstock, P.C. Evan focuses his practice on all aspects of complex commercial and employment litigation and arbitration in state, federal, and bankruptcy courts from pre-complaint analysis through trial and post-trial appeals. Evan 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. Evan also provides outside general counsel services to businesses that do not require full-time in-house representation or who are looking for a second opinion. Evan combines his big law firm experience with the small firm attention that each of Evan’s clients deserves. Evan’s approach is narrowly tailored to each client’s individual goals, whether that means pursuing alternative dispute remedies, consulting on best practices, or litigating tactfully.
Evan recently won a nearly five million dollar ($5,000,000.00) judgment for his client after a four-day bench trial in the Commercial Division in the Supreme Court of the State of New York concerning indemnification and breach of contract claims arising out of a sixty-three million dollar ($63,000,000.00) purchase and sale of an insurance company and its subsidiaries pursuant to a stock purchase agreement. Evan also recently defeated a motion to dismiss by the defendant in a fraud action alleging overprescription of injectable opioids costing the plaintiff hundreds of thousands of dollars. Evan has also recently assisted counsel in Spain to enforce a nearly six million dollar ($6,000,000.00) judgment secured against the defendant in the United States District Court for the Southern District of New York.
Evan is admitted to practice in New York, New Jersey, Connecticut, and Massachusetts state courts, as well as in the Southern, Eastern, and Western District Courts of New York, the District Court of New Jersey, and in the Second Circuit Court of Appeals. Evan has represented companies and individuals on both the plaintiff and the defense side in a wide range of industries including insurance, employment, technology, recruiting, financial services, securities, banking, pharmaceutical, real estate, advertising, health care, entertainment, media, hospitality, and gaming. Evan has also conducted internal investigations of individuals and companies and prepared presentations to the Securities and Exchange Commission.
Evan is also a mediator. Evan completed advanced commercial mediation training making him eligible under Part 146 of the Rules of the Chief Administrative Judge of New York to serve on court mediation rosters. Evan is currently on the roster of mediators in the prestigious Commercial Division in New York County. Evan enjoys serving on this prestigious court roster and assisting parties in facilitating productive negotiations and resolutions in commercial disputes.
Prior to founding Fensterstock, P.C. in 2018, Evan was a Partner at Fensterstock & Partners LLP from 2015-2017. From 2009-2015, he was an Associate at Kasowitz, Benson, Torres & Friedman LLP.
Following in the footsteps of his father, Blair C. Fensterstock, and grandfather, Hon. Nathaniel Fensterstock, Evan is highly dedicated to pro bono work. In 2013, he received the Legal Aid Society Pro Bono Publico Award for his service to Hurricane Sandy victims. He spearheaded the Holocaust Survivor Representation Pro-Bono Project while at Kasowitz, which helps Holocaust survivors recoup pensions and payments from the German government for work performed in ghettos during World War II.
Evan served as Executive Literary Editor of the New England Law Review at New England Law|Boston, where he graduated from law school cum laude and received the Cali Excellence for the Future Award in Business Transactions for Lawyers. While in attendance, Evan interned for the Honorable Raya S. Dreben in the Massachusetts Appeals Court, the Honorable Charles T. Spurlock in Suffolk Superior Court, and the Legal Division of the Massachusetts Department of Correction in Boston, Massachusetts. In 2007, he was elected Vice Magister of the Bradlee Inn Chapter of the International Legal Honor Society Phi Delta Phi, and in 2008 he received the Phi Delta Phi Balfour Scholarship for outstanding service to Bradlee Inn.
Evan holds a Bachelor of Arts degree from Bowdoin College where he double-majored in Government and Spanish, played varsity golf and squash, and served as Class President.
In 2015, 2016, 2017, 2018, 2019, 2020, and 2021, Evan was named a New York Metro Area Super Lawyers Rising Star in Business Litigation. Super Lawyers recognizes no more than 2.5% of attorneys in each state. For more information about the rigorous selection process, please visit Super Lawyers.
For a list of Evan’s representative matters, click here.