Henry H. Korn, a member of the Bar of New York (1974) and the United States District Courts for the Southern and Eastern Districts of New York and the United States Court of Appeals for the Second Circuit, is a graduate of Cornell University (A.B. 1968) and New York University School of Law (J.D. 1973) where he was Editor of the Law Review.
1973 through 1976, Mr. Korn was an associate with Davis Polk &
Wardwell (New York City). He was appointed Assistant United States
Attorney, Criminal Division, Southern District of New York in 1976 and
served in that capacity through 1981.
After completing his service as an Assistant United States Attorney, Mr. Korn continuously has engaged in the private practice of law. He specializes in construction, corporate, commercial and general litigation and appeals. Mr. Korn is often retained by corporations, not-for-profit entities, and high profile individuals facing potential criminal and administrative investigations and to fashion alternatives to formal charges and/or prosecution. Mr. Korn has tried over 150 cases and argued over 50 appeals in federal and state appeals courts.
Representative litigation and administrative matters entrusted to Mr. Korn have included:
Representation of an institutional client that operates one of the country's most respected continuing care facilities in recovery of insurance proceeds from its carrier for damages sustained by the client in the course of construction of a major residential unit development. The matter was resolved after the United States District Court for the Southern District of New York granted summary judgment in favor of Mr. Korn's client declaring that the costs were covered by the builder's risk policy.
Representation of two owner/builders in separate arbitration proceedings involving the conduct of the general contractor and construction manager handling the build out of their high-end Manhattan residential units. The proceedings involved over 43 hearing days and extensive forensic accounting evidence concerning the financial management of the projects by the contractor and construction manager.
Representation of a health care institutional client in one of the largest construction litigations in New York, involving over 25 parties, claims for delays in completion, unwarranted and exaggerated liens and design professional errors and omissions, and one month after commencement of trial implementation of a favorable settlement for the client.
Representation of the owner of a landmark town house in Manhattan in proceedings in New York Supreme Court and before the NYC Department of Buildings to require a neighboring property owner to remove a three-story wall constructed by the neighboring property owner and attached to the town house, in violation of a court order and regulations of the Department of Buildings.
Representation of the owner of a landmark district building in the West Tribeca Historic District in New York City to secure approval of the City Planning Commission to convert the building from industrial to mixed commercial and loft dwelling use.
Representation of the Board of Directors of a major regional health care institution in connection with a review of its construction projects undertaken over 8 years and advice to the Board on implantation of system wide construction management changes and internal controls to insure compliance with governmental regulatory agencies and to control cost overruns. In accomplishing this engagement, Mr. Korn worked extensively with forensic auditors who assisted in extensive interviews of institution staff and reviewed electronic and paper documentation.
Representation of a leading manufacturer in the U.S. of lighting and related fixtures in connection with a product recall investigation by the Consumer Product Safety Commission, structuring a limited recall with the CPSC and termination of monitoring by its staff within one year of the initial product recall notice.
Representation of the purchaser of property in New York in presentation of claims against the home builder in an action pending in the Supreme Court, New York, where Mr. Korn secured a court ordered pre-judgment restraint barring the transfer of property owned by a principal owner of the builder who resides outside the United States.
Representation of foreign corporate investment management firm with affiliates in the United States to accomplish the orderly dissolution of the United States affiliates, valuation of client interests and payment to the client.
Representation of majority owners of closely held real estate company in valuation of minority owner interest, including defense of BCL Article 11 petition for dissolution, full trial on valuation, with Court adopting valuation presented by Mr. Korn’s expert, and defense of appeal to New York intermediate court of appeals and affirmance of lower court order on valuation and dissolution.
Representation of licensed physician in 3 month federal criminal trial charging client with multiple counts of Medicare fraud, including trial to verdict.
Representation of licensed professionals before the Office of the Professions, New York State, in connection with claims of professional liability, with presentation of evidence at hearings where required.
Representation of licensed attorneys before the Departmental Disciplinary Committees in connection with proceedings seeking disbarment, suspension or other discipline, and representation of suspended/disbarred clients who seek reinstatement.
Representation of clients before the Department of Buildings of the City of New York and Environmental Control Board in matters relating to proceedings charging Building Code and related violations.
Representative transactional matters entrusted to Mr. Korn include:
Preparation and negotiation of all facets of construction contracts for owner, design professional and contractor clients, including for owner clients, access and indemnity agreements relating to party wall underpinning and shoring matters.
Preparation and negotiation of all facets of organizational formation agreements for limited liability companies, corporations, professional limited liability companies, and joint ventures, including operating agreements and shareholder agreements, and buy-out, dissolution and termination agreements relating thereto.
Korn served as member of the Appellate Division, First Department
Disciplinary Committee, from 1982 to 1988 and was elected and served as
Councilman, Town of Mamaroneck in 1988. Since 1995, Mr Korn has been an
Adjunct Professor, Trial Advocacy, Pace University School of Law. He is a
member of the Association of the Bar of the City of New York.
Mr. Korn served for 6 years as a member of the Cornell University Council, appointed by the Cornell University Board of Trustees. Together with his wife, Mr. Korn acquired the original Nuremberg War Crimes papers of William Donovan, head of the OSS in World War II, and donated them to Cornell University for research.
the assistance of a former client, a scholarship was established at
Cornell University for research on war crimes prosecutions. That client
endowed a lecture at Cornell Law School entitled, "The Art, Commerce and
Ethics of Contemporary Law."
Cornell lecture series attracts national speakers to address issues
involving the practice of law. Lecturers have included the Chairman of
the Board of one of the country's largest tobacco companies, the
Attorney General, State of New York, and the United States Attorney for
the Southern District of New York who addressed the Cornell University
community about the role of the Justice Department in the war against
terrorism in the aftermath of the September 11 attacks on the World
Trade Center and Pentagon. In October 2003, Mr. Korn co-moderated a
panel discussion at Cornell Law School entitled "Accountability for War
Crimes in Iraq". The panel included the Special Assistant for War Crimes
to the CIA Director and former Clinton Administration Ambassador at
Large for War Crimes. Mr. Korn established the Henry H. Korn Fund for
Criminal Justice, which endowed the Domestic Violence Clinic at Pace
University School of Law in 1997 for Pace Law students to work with the
New York County District Attorney's Office in investigating and
prosecuting domestic abuse cases.
Mr. Korn has authored several articles in the New York Law Journal including: "District Attorney Scandal in the Duke University Case," January 3, 2007; "Pitfalls of Construction Facing the Owner: Accounting Traps Found in Standard AIA Documents,"
November 20, 2006; "The Limits on the Crime Victim's Counsel to
Threaten Referral to Law Enforcement Authorities," published February
25, 2005; "Insuring Construction Against Water Infiltration and Mold
Contamination," October 25, 2004; and "Building Security Measures and
Owner Liability After Sept. 11," May 1, 2003. Mr. Korn also co-authored
with Barry B. LePatner, Esq., his former law partner, and Anthony S.
Chan of Berdon LLP, “Sarbanes-Oxley’s Wake-up Call to the Construction
Industry: Leveraging Compliance and Internal Controls to Manage Risks”
in the CPA Journal’s
December 2007 issue. Mr. Korn’s article entitled “Curbing Deficient
Construction Practices in Hospital Practices” was published in the American University Business Law Review in June 2011. In May 2011, Mr. Korn co-authored in Health Care Development Magazine
with his son, Greg Korn, a licensed New York and California architect, “Ensuring
Projects are completed On-time and On-budget” specifically addressing
the economic value of Design/Build project delivery systems for off-site
medical facilities for metro and regional hospitals.
Mr. Korn is a pro bono participant in the Veterans Assistance Project offered through the Bar Association of the City of New York that assists veterans secure VA benefits to which they are entitled.