Counsel to retail merchants in the

field of civil recovery for retail theft.

Phone

866.768.0844

Michael Ira Asen

Michael Ira Asen has over 40 years in legal practice. He has an AV rating from Martindale-Hubbell, the highest professional Martindale-Hubbell rating available to practicing lawyers in the United States.

Starting in his second year of law school, he tried criminal cases before juries and judges. After graduation, he was appointed a Federal Defender in the United States District Court, Eastern District of New York. He was regularly on trial, preparing and handling federal criminal cases, including white collar crimes, drug importation and distribution, organized crime and political terrorism.

Several years later, he entered the private practice of law and broadened his practice to include a wide variety of civil cases, such as personal injury, medical malpractice, legal malpractice, estate litigation, corporate shareholder disputes, partnership disputes, employment litigation, matrimonial litigation and commercial litigation. For example, he successfully defended a prominent Oriental rug importer and his company against multi-million dollar anti-trust claims plus treble damages, by obtaining a jury verdict in his client’s favor in the United States District Court For The District of New Jersey.

He has handled legal matters and appeared in cases in England, Israel, Germany, Korea, Washington, D.C., Virginia and Connecticut as well as New Jersey and New York.

In addition to his experience as a litigator and trial attorney, he developed, owned and managed a business (restaurant and bar) in Manhattan. He has counseled business clients on issues related not only to litigation, but also business development, transactions and financing. Some of his business clients have been Foremost Furniture Showrooms, Inc., Mil-Spec Industries, Inc., Kliger-Weiss Infosystems, Inc., Myong Graphics and The Zellman Group, LLC.Michael Ira Asen

In association with The Zellman Group, LLC, he has actively participated in the development and management of a successful retail loss prevention civil recovery program for numerous retail companies, including four of five of the largest retailers in the United States.

In addition to his law practice, Michael Ira Asen has been a lecturer for the National Business Institute on the following topic: “Damages in New York Civil Trial Practice”, and he founded The Sound Shore Symphony Orchestra in Westchester County, New York.

Michael Ira Asen graduated from Syracuse University in 1970 and Brooklyn Law School in 1973. He is licensed to practice law in the states of New York and New Jersey and is admitted to the following courts:

  • Supreme Court of The United States
  • United States Court of Appeals For The Second Circuit
  • United States Court of Appeals For The Third Circuit
  • United States District Court For The Southern District of New York
  • United States District Court For The Eastern District of New York
  • United States District Court For The District of New Jersey

In his spare time, he loves to read, to play the oboe and tennis.

Background in Law

    • Kraemer Export Corp. v. Peg Perego USA, Inc., 1994 WL 86357 S.D.N.Y.;
    • U.S. v. Cambindo Valencia, 609 F.2d 603, (2nd Cir. 1979);
    • Kandel v. Kurzman, 24 A.D.3d 613 (2nd Dept. 2005);
    • Ginsburg v. Carrin, 146 A.D.2d 742 (2nd Dept. 1989);
    • Bachman, Schwartz & Abramson v. Advance International, Inc., 251 A.D. 2d 252 (1st Dept. 1998);
    • Ramerica International, Inc. v. Mil-Spec Industries, Corp., 293 A.D. 2d 420 (1st Dept. 2002);
    • Zaveri v. Rosy Blue, Inc., 4 A.D. 3d 146 (1st Dept. 2004);
    • U.S. v. Jacobs, 1992 Wl 12996 (S.D.N.Y. 1992);
    • Carpet Group International v. Oriental Rug Importers, Association, United States District Court, District of New Jersey, 95-5574 (JAG), March 28, 2003;
    • Muller v. Abbot, 25 A.D. 3d 674 (2006);
    • Naane v. Maslavi, 21 A.D. 3d 1069 (2005);
    • Community Bank v. Cognetta, 88 A.D. 2d 897 (1989);
    • U.S. v. Busic, 472 F.Supp 880 (EDNY 1977).
  • In 1994, Michael Ira Asen was retained by South Korea’s largest dairy company to obtain the return of a fugitive middle-management employee who had embezzled over $38 million from the company and fled to the United States. He coordinated efforts with Seoul police and prosecutors, Interpol, the U.S. Department of Justice and the Immigration and Naturalization Service. The fugitive was located in New Jersey, arrested and tried in the U.S. Immigration Court with Michael Asen leading the prosecution. Found guilty of overstaying his visa, he unsuccessfully appealed to the U.S. Board of Immigration Appeals, and was thereafter returned to South Korea.
  • Michael Asen and his staff successfully litigated and settled, in 1995, a complex family estate Surrogate’s Court proceeding, involving extensive real property on Long Island, New York. Utilizing the services of investigators, real estate appraisers and title examiners, he uncovered concealed transfers of millions of dollars worth of valuable Long Island land from individual to corporate ownership and exposed an attempt to divert and secrete valuable assets from his client.
  • In 1996, Michael Ira Asen was retained to represent a Queens, New York family whose private home was destroyed and their lives emotionally scarred by an oil delivery company that carelessly poured over 150 gallons of heating oil into their basement. The family was distraught. He saw to it that the house was properly cleaned and free of oil and helped the family to recover for their loss of personal property, the decreased value of their home and for their emotional and physical suffering. This tort case represented environmental issues, human health concerns, psychological consequences, remediation and restoration issues, as well as the legal questions concerning liability and damages.
  • In December 2003, as counsel to a prominent Oriental rug importing company, Michael Asen successfully defended his client in a multi-defendant anti-trust jury trial. The jury returned a verdict in favor of his client which awarded no money to the plaintiff.
  • A 35-year-old man entered a New York hospital exhibiting signs of a stroke. The hospital misdiagnosed the stroke as a psychotic episode and involuntarily admitted the man into the hospital’s psychiatric ward. While restraining him, the hospital’s security guards fractured the man’s hip causing extensive injuries.In an action against the hospital, commenced in 1997, Michael Asen recovered a substantial settlement for the client because of the hospital’s acts of medical negligence.
  • In 1998, Michael Ira Asen was retained by a young woman who had been working for several years as an entry-level specialist for a prominent Wall Street securities firm. Her immediate supervisor made numerous lewd and inappropriate comments and gestures directed at her during working hours. The supervisor prevented the woman from being promoted, keeping her subordinate to him. Michael Asen negotiated with the firm to settle with the woman for a substantial amount of money for the discrimination and harassment against her.
  • In 1999, Michael Ira Asen was retained by a major international diamond and jewelry wholesale distribution company to defend it against a multimillion dollar lawsuit brought by one of its former employees for the alleged breach of his employment contract. The damages sought by the plaintiff contained, among other claims, a claim for $1,000,000 in punitive damages.Michael Asen got the claim for punitive damages dismissed. and also elicited from the plaintiff, during his deposition, an admission of his own wrongdoing. This evidence allowed Michael Asen’s client to bring a claim against its accuser. In March 2003, Michael Asen successfully handled the case at trial by obtaining a dismissal of the plaintiff’s case, and also obtained a judgment awarding legal fees to Michael Asen’s client.