David Barres

David has practiced litigation for over 30 years and focuses his practice on trusts-and-estates litigation, legal professional-liability defense, and commercial litigation in federal and state courts.

His active trusts-and-estates litigation practice includes will contests, complex trust disputes, and the prosecution and defense of claims challenging a trustee’s performance of fiduciary duties. David also counsels estate fiduciaries concerning the administration of estates, and serves as the de facto general counsel of two significant charitable foundations.

His lawyer-liability practice consists primarily of defending large and mid-sized law firms accused of legal malpractice, fraud, breach of contract and fiduciary duty, and violation of Judiciary Law § 487. He has defended firms and individual lawyers accused of malpractice in a variety of practice areas, including corporate transactions, environmental regulation, trusts-and-estates matters, and trial practice. For most of his career, David also has practiced commercial litigation, focusing on complex breach-of-contract, securities, insurance, and risk-management matters. His many years of commercial litigation experience serve him well in defending law firms accused of malpractice in commercial transactions and litigation.

Before joining Elman Freiberg, David was a litigator for 18 years at Mintz Levin (including 11 years as a partner), a litigator at Cahill Gordon, and a law clerk to the Honorable Robert E. Cowen of the US Court of Appeals for the Third Circuit. He also serves in the New York Family Court Volunteer Attorney Program, and served as a Special Assistant District Attorney for New York County.

Selected Experience:

Obtained summary judgment dismissing all claims against major law firm in federal action alleging transactional legal malpractice with respect to the anti-dilution provisions of a venture-capital investment. Obtained unanimous affirmance by Second Circuit.
Obtained summary judgment dismissing over $70 million of damages claimed against a major law firm accused of regulatory legal malpractice with respect to the registration and import of pesticidal products.
Overseeing all legal affairs of two charitable foundations funded by a Palm Beach philanthropist and having over $400 million in assets.
Representing an estate and charitable foundation in a federal action seeking hundreds of millions of dollars against trustees for breach of fiduciary duty.
Represented AmLaw 100 firm in an action alleging aiding and abetting of university in conducting improper Title IX investigation, and obtained very favorable settlement.
Obtained 100% recovery of portion of Italian estate misappropriated by New York heir.
Obtained an arbitration award of over $100 million on behalf of banks and an insurer arising from a Eurobond default, and won related federal trial to pierce the corporate veils of the defaulting corporations.
Represented a major bank in trial and appeal of a fraudulent-conveyance action arising from the formation of a machine-tool manufacturer.
Represented a life insurance premium-financing company in federal regulatory investigation of the legality of its transactions under the insurance, contract, trust, and securities law of multiple states and the United States.