Daniel Y. Gielchinsky
“I am not the lawyer who tells a client that they cannot attain a certain result. I am the lawyer who figures out how to obtain the result the client wants to achieve.”
Daniel Y. Gielchinsky is a seasoned trial attorney with more than 25 years of experience helping clients through commercial litigation matters. His background as a seasoned trial attorney in State, Federal, Bankruptcy and Appellate courts in Florida, New York, New Jersey, Delaware, and Texas affords him a unique vantage point.
Daniel has earned an excellent reputation for handling challenging shareholder and partnership disputes. His tenure on Wall Street and strong financial background allows him to successfully navigate the forensic accounting and valuation issues fundamental to these cases. Daniel is also well versed in real estate, foreclosure, construction, and employment litigation and arbitration.
In the insolvency arena, Daniel represents debtors, creditors, fiduciaries, committees, and other parties-in-interest in Chapter 7, 11, 13 bankruptcy cases, including those filed under the Small Business Reorganization Act. He is also well versed in assignments for benefit of creditors, receiverships, and out of court workouts. Daniel successfully represents financial institutions, investors, and landlords in cases involving Ponzi schemes, fraudulent investments, distressed hotels, large retail chains, and entertainment venues.
Daniel’s experience includes being a bankruptcy practice group leader and ‘Of Counsel’ at well-known law firms in the Northeast and South Florida, securing favorable outcomes for clients in high-stakes cases. With the leadership experience and accolades attained in his former roles, he owned and managed his own law practice for seven years before joining forces with Isaac Marcushamer to leverage their combined expertise and form DGIM Law.
Daniel is acknowledged as a leading attorney by SuperLawyers, in both Florida and New Jersey, and in several prominent legal publications, including Law360, Daily Business Review, and New Jersey Law Journal.
An outspoken advocate through his leadership role with Autism Speaks, Daniel uses his courtroom skills and political connections to promote solutions for the needs of individuals with autism and their families. Daniel’s attitude towards community service, embodied by his role as an elected official, a senior leader of his synagogue, and board member of several organizations, is to do “service for the sake of service” and to prioritize giving back to the community. He balances his work life by spending time with his family, exercising, and practicing mindfulness.
Notable Matters + History
- Obtained a directed verdict in favor of a group of investors during a federal jury trial involving claims of fraud and conversion in connection with the purchase of the Seabonay Beach Resort
- Secured a favorable opinion from the Delaware Bankruptcy Court that jewelry given on consignment to a large retail chain could not be sold at an auction sale without the consent of the consignors.
- Successfully represented landlords in retail, hospitality and entertainment bankruptcy cases in Florida, Texas, New Jersey, and New York.
- Represented lenders in the Shore Club hotel foreclosure and Sagamore Hotel bankruptcy.
- Counsel to investment funds in Rothstein Ponzi Scheme.
- Lead counsel in retrial of high-profile partnership dispute after the case was remanded by the Supreme Court of New Jersey.
- Represented the ex-wife of a former energy trader who embezzled $43 million from Merrill Lynch.
- Represented the backup bidder in connection with a $47.2 million offer to purchase the Fountains of Boynton Shopping Center.
- Obtained summary judgment in favor of Mercedes-Benz USA, LLC in claim brought by a former salesman under the Employee Retirement Income Security Act.
- Yeshiva University, Bachelor’s degree in Finance
- Benjamin N. Cardozo School of Law, Juris Doctorate
- New York
- New Jersey
- U.S. District Court, Southern & Middle District of Florida
- U.S. District Court, Southern & Eastern District of New York
- U.S. District Court, District of New Jersey
- U.S. Court of Appeals, Second, Third & Eleventh Circuit
- U.S. Supreme Court
Associations and Service
- Town of Surfside, Commissioner (2016-2018) & Vice Mayor (2018-2020)
- The Shul of Bal Harbour, Chair of the Legal Committee, Member of the Executive Committee and Board of Directors
- Bankruptcy Bar Association of the Southern District of Florida, Member
- Autism Speaks, Volunteer Advocacy Ambassador (2020-2021)
- Greater Miami Jewish Federation, Former Executive Board Member