Probate Litigation Experience

• Represented a group of contingent remainder beneficiaries of a trust in appellate litigation before the Bankruptcy Appellate Panel. The key issue on appeal was the bankruptcy estate’s entitlement to future trust distributions that would have otherwise been distributed to the contingent remainder beneficiaries following the debtor’s death.
• Represented a trust beneficiary in her efforts to suspend and remove the trustee of her family trust on the grounds that the trustee breached fiduciary duties including the duties to account, marshal trust assets and avoid conflicts of interest.
• Represented a beneficiary in an appeal of a ruling on a petition for construction of a trust instrument. The key question on appeal was whether the trial court erred in excluding extrinsic evidence of the settlor’s intent, or whether the plain language of the trust precluded extrinsic evidence.
• Represented a trust beneficiary in an action contesting an amendment to the beneficiary’s family trust. The core issues at trial were the decedent’s cognitive capacity to execute the trust amendment and the decedent’s vulnerability to undue influence. The case also involved claims of financial elder abuse and wrongful taking under Probate Code section 850.
• Represented a charitable residuary beneficiary in a dispute involving the allocation of estate taxes associated with specific monetary gifts bequeathed in a trust. The core issue at trial was whether the estate taxes should be borne by the residue or the recipients of the specific gifts.
• Represented a designated successor trustee in appellate litigation involving her petition for appointment as successor trustee. The core issue on appeal was whether the trial court’s removal of three former co-trustees triggered the trust’s vacancy provision such that the removed co‑trustees were “unable” or “unwilling” to continue serving.
• Defended a trustee against a beneficiary’s claims of breach of fiduciary duty. The core issue at trial was whether the trustee, who was also a beneficiary of his family trust, had administered the trust free from any conflicts of interest and treated the beneficiary impartially.
• Defended a trustee against claims of undue influence and fraud in connection with the decedent’s trust which was executed at his hospital bed a few months prior to his passing. The core issue at trial was whether the trustee, who was the primary beneficiary of the decedent’s trust, had exerted undue pressure on the decedent to the detriment of the decedent’s other friends.
• Defended a trustee against an oral pledge claim brought by a charitable entity. The core issue at trial was whether the decedent made a binding oral promise to the charity to fund the building of a religious school.
• Represented a prominent local Los Angeles museum in litigation involving the museum’s remainder interest in a family trust. The core issue at trial was whether the trustee breached his fiduciary duty to the remainder beneficiary and violated the Prudent Investor Rule by focusing primarily on generating sufficient income for the income beneficiary.
• Represented a plaintiff in a fraud and breach of fiduciary duty claim in civil court. The core issue in the three-week jury trial was whether the seller of car business (replica gullwing Mercedes) defrauded the buyer by selling cars on the side. The case resulted in an $18-million-dollar verdict for the client.
• Represented the successor trustee in a contested action to invalidate the purported trust amendment. The core issue at trial was whether the challenged amendment was invalid because it was not properly delivered as required under the original trust instrument. The court issued a decision in favor of our client.

Trust & Estates Controversy Experience

• Successfully settled dispute among co-trustees regarding the administration of an irrevocable trust resulting in the shifting in control to our clients of in excess of $200 million in trust assets and reformation of the dispositive provisions of the trust.
• Successfully settled a substantial palimony action in favor of the defendant shortly before our client’s summary judgment motion was to be heard.
• Settled multiple actions, against an estate relating to an alleged gift of stock and other claims totaling approximately $14 million, for significantly less than 10 percent of the amount claimed.
• Obtained a seven-figure judgment against a former trustee and defeated the former trustee’s petitions to approve its accounting and obtain payment of substantial legal fees.
• Successfully settled an intensely litigated elder abuse action and a related petition in the probate court brought against our client. The settlement involved our client paying virtually nothing and receiving reimbursement of the attorneys' fees incurred.
• Defended in the U.S. Tax Court a $100 million self-dealing IRS tax assessment against the executor of the estate of an internationally recognized artist. The ultimate settlement resulted in no taxes paid by the executor.
• Obtained court reformation of a $200 million testamentary trust and negotiated with the IRS to achieve desired estate tax objectives.
• Achieved a favorable settlement for our client, a widow, who brought litigation against her deceased husband's multimillion-dollar estate. Grounds for the lawsuit included that she did not have independent counsel at the time she consented to her husband's will which disinherited her.
• Negotiated a settlement on behalf of a trust beneficiary of a multi-hundred-million-dollar trust based in the Midwest. The trust was the majority owner of a publicly owned communications and media company headquartered in the South and the dispute was among family members.
• Negotiated a favorable settlement on behalf of the trustee of nine separate subtrusts established under the family trust of a famous author in a highly contentious breach of trust action.

High Net Worth Divorce Experience

• Represented a wife in her divorce proceeding against her husband, a Silicon Valley billionaire, who is best known as the unofficial third founder of Google and originator of the code that powers the search giant
• Represented high-net-worth hedge fund founder in divorce proceeding against his wife
• Represented high-profile restauranteur in divorce proceeding against his wife
• Represented a husband in a high-profile celebrity divorce under high media scrutiny
• Represented a wife in a complex and highly contentious dissolution proceeding

Employment Law Experience

• Successfully moved to private arbitration a number of lawsuits by employees of high net worth individuals and celebrities.
• Successfully resolved numerous claims (often prior to formal litigation) by domestic employees, including nannies, housecleaners, gardeners, chefs, drivers, and many others, against high net worth individuals and celebrities for unpaid wages, unpaid overtime, failure to provide meal and rest breaks, inaccurate wage statements, and other wage and hour claims.
• Successfully resolved numerous claims (often prior to formal litigation) by domestic employees against high net worth individuals and celebrities for discrimination, sexual harassment, retaliation and wrongful termination.
• Successfully resolved claims by personal assistants and other personal-service employees that they were misclassified as exempt/salaried employees rather than hourly/non-exempt employees.
• Successfully resolved employees’ breaches of their confidentiality obligations to high net worth and celebrity clients, and/or of trade secret misappropriation.