Jeremy C. Bates
Counsel
Jeremy acts as a lawyer’s lawyer. He has defended many lawyers and law firms in professional-responsibility matters. He has represented lawyers and firms in alternative resolutions and pre-litigation dispositions of various disputes.
Jeremy is also an integral part of Elman Freiberg’s sophisticated trusts-and-estates-litigation practice. He represents fiduciaries and beneficiaries, often before Surrogate’s Courts, in probate, estate-administration, and trust-administration proceedings.
Jeremy additionally represents plaintiffs and defendants in a variety of other litigations.
Jeremy has served on the New York City Bar Association Committee on Professional Ethics. He often lectures on professional-responsibility issues.
Prior to joining Elman Freiberg, Jeremy worked at Matalon Shweky Elman PLLC and at Sullivan & Cromwell LLP. He also served as a legislative assistant to U.S. Senator Byron Dorgan and clerked for Judge Jacques L. Wiener, Jr., of the U.S. Court of Appeals for the Fifth Circuit.
Selected Experience
Secured the dismissal of malpractice claims against a national law firm in a decision that was a New York Law Journal “Decision of Note” because it clarified lawyers’ duties in M&A transactions.
Defended fiduciary and beneficiary in significant trust-and-estate dispute involving a family limited partnership and real-estate assets in New York and Florida.
Hailed as a Law360 “Legal Lion” for helping convince the Commercial Division, New York County, to dismiss all five claims in a $10 million action against a prominent commercial firm.
Represented beneficiary of complex trust structure holding real-estate, family-business, and art assets in the United States and Europe.
Represented beneficiaries in estate with significant investment assets, real-estate holdings, and Old Master paintings.
Defended various clients against Judiciary Law § 487 claims, most recently successfully arguing before the Appellate Division, First Department, that a $36 million claim was properly dismissed.
Represented trustee and beneficiary in bitterly contested, intergenerational family dispute.
Successfully defended multinational technology firm against claims arising out of cross-border acquisition; wrote motion for sanctions that was granted by the Southern District of New York.
Secured unanimous appellate reversal dismissing $7.5-million counterclaim against global law firm.
On behalf of an AmLaw 100 partner, helped win a trial-level dismissal of defamation claims that arose out of a failed real-estate closing.
Helped a law-firm client secure a dismissal that is now the leading case for the rule that Judiciary Law § 487 does not apply to administrative proceedings.
Second-chaired a FINRA arbitration that resulted in a complete vindication for his clients.
Obtained the dismissal of federal RICO, trademark, and computer-fraud claims.
Acting pro bono, challenged a federal drug-reimbursement regulation and won substantial recovery for two Medicare Part D beneficiaries.
Speaking Engagements and Presentations
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Instructor | The New York Law of Litigation Misconduct: What Is It and How Did We Get Here? | Lawline Course (November 11, 2019)
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Panelist | Ethical Dilemmas That Keep Lawyers Awake at Night | CLE Panel at the New York City Bar Association | New York, New York (February 6, 2018)
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Instructor | Litigating Attorney-Misconduct Claims Under New York’s Judiciary Law §487 | Lawline Course (November 7, 2017)
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Panelist | Answers to Everyday Ethical Questions | CLE Panel at the New York City Bar Association | New York, New York (February 7, 2017)
Education
- University of Chicago Law School (J.D., with honors, Editor in Chief of the University of Chicago Legal Forum)
- Harvard College (A.B. in Social Studies, cum laude)
Bar Admissions
- New York
Court Admissions
- US Supreme Court
- US Court of Appeals, Sixth Circuit
- US District Court, Southern District of New York
- US District Court, Eastern District of New York