Debra A. Karlstein
Counsel

Debra Karlstein has many years of experience trying criminal and civil cases and handling appellate matters.

Notable trial and trial-related accomplishments include:

• successfully moved to dismiss products liability complaint against pharmaceutical manufacturer;

• successfully moved to dismiss federal contract complaint against apparel licensor;

• declined prosecutions in state rape and assault cases;

• vacated restraining order preventing former employee from soliciting customers;

• pre-verdict acquittal for federal court defendant;

• reversal of federal court conviction on post-trial motion, with evidentiary hearing, for ineffective assistance of counsel;

• dismissal of state court felony charge for legal insufficiency;

• mistrial for federal court defendant when jury could not reach a verdict;

• substantial sentence reductions for federal court defendants;

• civil verdict for Internet airfare broker against major airline;

• civil verdict for Broadway producers in insurance dispute arising from canceled show due to star's pre-opening injury;

• dismissal of civil complaint against noted Broadway producers by sophisticated investor; and

• federal trial involving maintenance of aircraft posted as collateral during international airline's bankruptcy reorganization.

Ms. Karlstein has briefed and argued dozens of appellate matters, some of which include:

• appeal challenging order compelling federal criminal defendant to testify at a civil deposition notwithstanding assertion of a Fifth Amendment privilege claim;

• appeal challenging dismissal of malpractice and related claims against paralegal;

• New York Court of Appeals ruling invalidating an Indian gaming compact executed by the governor as unconstitutional usurpation of legislative power;

• three federal appellate rulings vacating sentences for legal error under the United States Sentencing Guidelines;

• New York Appellate Division decision reversing erroneous denial of doctor's petition alleging unconstitutional retaliation by state disciplinary agency;

• New York Appellate Division decision reversing erroneous refusal to seal record of criminal proceedings resulting in acquittal;

• New York Appellate Division decision affirming summary judgment dismissing state court complaint where alleged oral contract was never reduced to writing;

• federal appeal concerning the requirement of juror unanimity in a RICO prosecution;

• federal appeal regarding the propriety of grand jury subpoenas served on defense attorneys;

• federal appeal construing rights of junk bond holders following casino bankruptcy;

• New York Court of Appeals case asserting that Indian gaming compacts violate state constitutional ban on commercial gambling;

• appeal of divorce judgment and $19 million equitable distribution order entered by Manhattan jury in case involving prominent restaurant owner; and

• appeal challenging finder's fee charged by leading brokerage firm for introducing famous entrepreneur to investors.

Education

• J.D., New York University School of Law, 1992

• B.A., with honors, University of Pennsylvania, 1988

Admissions

• New York

• New Jersey

• Southern and Eastern Districts of New York

• District of New Jersey

• U.S. Court of Appeals for the Second Circuit

Clerkships

• The Honorable John R. Bartels, United States District Judge, Eastern District of New York, 1993-1994

• The Honorable John L. Caden, United States Magistrate Judge, Eastern District of New York, 1992-1993
  
  

Contact

tel  212-213-1715

fax 212-213-0849

dkarlstein@spearsimes.com

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