Jay Freiberg and Howard Elman, standing behind a desk. Elman Freiberg provides efficient effective counsel to private clients, lawyers and law firms...

Trust and Estate Litigation

Elman Freiberg has a well-deserved reputation as a leading complex trust and estate litigation practice. We represent beneficiaries and all types of fiduciaries, including corporate trustees, personal representatives and guardians. We counsel our clients in their most challenging personal disputes, federal and state tax matters, charity and foundation issues, and the full gamut of business disputes within trusts and estates.

While we are most at home in New York Surrogate’s Court, we regularly appear for our clients in courts throughout the country. We are experienced counsel in probate contests, accounting proceedings, removal and surcharge actions, all types of fraud, and breach of fiduciary duty claims. Elman Freiberg combines sophisticated expertise, aggressive yet efficient lawyering, and tax-practical advice to help our clients successfully resolve their fiduciary litigation matters.

Defending Lawyers and Law Firms

We have extensive experience as lawyers’ lawyers. When some of the country’s biggest and best law firms find themselves on the wrong side of a lawsuit, they call on Elman Freiberg’s lawyers to defend them. From malpractice, to breach of fiduciary duty to defamation, our lawyers strategically and aggressively defend them all. Elman Freiberg is known for its grasp of the law, creative and smart strategies and often quick resolutions. We work hand-in-hand with our clients’ general counsels and carrier counsel to achieve the great results on which our reputation is built, in the most efficient and cost-effective way possible.

Commercial Litigation

Our team of experienced commercial litigators provides sound advice to business owners, executives and corporate counsel in all types of conflicts. We regularly represent both plaintiffs and defendants from a variety of industries, guiding companies through mediation, arbitration, settlement or litigation. Our lawyers have a well-earned reputation for achieving our clients’ objectives in state, federal and arbitral forums.

While we are always prepared to aggressively litigate for our clients, we recognize that “bulldog” litigation tactics are not appropriate in every situation. Corporate clients often need to resolve conflicts amicably so that they can return to running their businesses. Through careful negotiation, we help our clients reach resolutions while preserving the integrity of their businesses.

Our lawyers also litigate and arbitrate securities industry disputes throughout the country. We have successfully represented aggrieved investment bankers, brokers and senior executives in all types of disputes. We are equally at home in court and in FINRA proceedings. Our lawyers always try to achieve an early negotiated resolution. But when that is not possible, we are fully prepared to see matters through to the end. Our undefeated track record at FINRA arbitrations speaks for itself.

Real Estate Litigation

Our real estate litigation practice is a significant force in addressing the intricate issues faced by real estate developers, buyers, sellers, partners, lessors and lessees. We help clients achieve their objectives, and litigate across the country in all facets of real estate controversies.

Employment Law

We represent employees and employers in the negotiation of employment and severance agreements in a variety of industries including finance, banking and fashion. We help our employee clients navigate their job transitions to avoid conflict, and to be best prepared if conflict ensues. And when conflict is unavoidable, we defend our clients’ rights in federal and state courts and in arbitration before the AAA, FINRA, and other tribunals.

Our litigation expertise extends to the appellate level, where we represent both existing clients and new clients looking for a fresh voice. Elman Freiberg’s lawyers include several former federal appellate clerks, and we have extensive experience arguing and winning complex appeals in New York’s state and federal appellate courts, including the United States Court of Appeals for the Second Circuit, the New York Court of Appeals (New York’s highest court), and both the First Department and Second Department of New York’s Appellate Division. Our recent high-profile victories in several of those courts are testament to an approach that is at once creative, thorough, and persuasive.