News

Congratulations to our client JAMS, Inc., and the Elman Freiberg PLLC trial team of Howard Elman, Yelena Rapoport and Benjamin Litman for securing a hard fought, high stakes and high profile summary judgment decision (PDF) regarding the Chris Cuomo/CNN arbitration.

Law360 reports (PDF) on Elman Freiberg’s Second Circuit victory on behalf of its national law-firm client affirming SDNY Judge Lewis Liman’s grant of post-discovery summary judgment dismissing $8-million malpractice claim brought in connection with formation of joint venture with electric-vehicle manufacturer. Original victory at SDNY reported in Law360 on March 18, 2021 (PDF).

Elman Freiberg remarkably obtained a 100% recovery of the portion of a multi-million-dollar Italian estate that was misappropriated by a family heir in New York.  (See related NY Post Article.)  After the eldest of three adult children refused to distribute his siblings’ share of the estate from his New York bank account, as he had agreed, we filed a complaint and attachment motion against him in the Supreme Court of New York County.  We obtained a temporary restraint of his bank account that enabled to us to achieve a complete and very early victory for our clients.

Jay Freiberg quoted in Law 360 (PDF) and The Legal Intelligencer (PDF) regarding Elman Freiberg’s victory over whether the administrators of a $660 million trust can shield their communications with their attorneys from disclosure to the trust’s beneficiaries. The Pennsylvania Superior Court ruled in favor of Elman Freiberg’s client that there can be a “fiduciary exception” to privilege under state law. Reported in Law360.com (PDF) on May 23, 2022 and The Legal Intelligencer (PDF) on May 24, 2022.

Read Jay Freiberg’s and Hillary Frommer’s latest article (PDF) for Trusts & Estates Magazine titled “The Probate Exception – We’re Not Just in State Court Anymore.”

Read Jay Freiberg’s and David Barres’ latest article (PDF) for Trusts & Estates Magazine titled “Litigating an Undue Influence Case.”

Benjamin Litman quoted in Law 360 (PDF) regarding whether potential plaintiffs alleging sexual harassment against former Governor Cuomo might be able to access assets in trust he created for his daughters. Reported in Law360, September 22, 2021 (PDF).

Read Jay Freiberg’s and Benjamin Litman’s latest article (PDF) for Trusts & Estates Magazine titled “When an In Terrorem Hits the Interstate.”

Elman Freiberg obtains complete dismissal of plaintiff’s $100-million-plus malpractice claim against the Firm’s AmLaw 200 client in connection with a failed $1.3-billion merger. Reported in New York Law Journal on March 5, 2021 (PDF).

In a groundbreaking decision, Elman Freiberg convinces Second Circuit to unanimously vacate the district court’s earlier decision denying the Firm’s motion on behalf of its publicly traded technology client to impose “inherent powers of the court” sanctions on the plaintiff. Reported in the New York Law Journal on March 17, 2021 (PDF).

Jay Freiberg quoted in Law 360 regarding lawsuit that Elman Freiberg filed seeking over $300,000,000 against trustees for breach of fiduciary duty. Reported in Law360.com on April 28, 2020.

Elman Freiberg represents widow (PDF) in multi-jurisdiction estate dispute with decedent’s children from a prior marriage. Reported in New York Post 10/5/2019 

Elman Freiberg obtains unanimous reversal from Appellate Division overturning lower court order, resulting in complete dismissal of $7.5 million malpractice counterclaim (PDF) asserted against global law firm. Reported in New York Law Journal 4/8/2019.

Read Jay Freiberg’s latest article (PDF) for the New York State Bar Association titled “What Do I Say When a Client Asks Me to Serve as a Trustee?”

Jay Freiberg quoted in The Real Deal (PDF) regarding lawsuit that Elman Freiberg filed seeking $50,000,000 for breach of fiduciary duty against well-known real estate developer.

While representing Viacom founder, Sumner Redstone, in a dispute regarding the ownership of a co-operative apartment at the Carlyle Hotel (PDF) (Howard Elman defeats a motion to compel a mental exam. (Howard ultimately obtained total victory for Mr. Redstone in the dispute.) Reported in the New York Post on 8/10/2017.