About David E. Lieberman

David is a trial lawyer who litigates complex governance and commercial disputes for closely-held business  owners and sophisticated trust and estate disputes for corporate and individual fiduciaries as well as beneficiaries.  Over 20 years, David has litigated complex trust and estate cases, as well as commercial and securities cases at our firm and previously at Sachnoff & Weaver. David serves as Vice-Chair of the Ethics and Malpractice Committee of the American Bar Association’s section of Real Property, Trust and Estate Law and speaks and writes regularly on fiduciary litigation and closely-held business disputes.
Recent and Representative Matters:

Representing major institutional trustee in successful judicial resolution of highly contested construction action involving ambiguity in substantial family trust.

Defending owner of substantial family real estate enterprise against siblings’ claims alleging interference with parents’ estate planning and seeking recovery of more than $10 million.

Representing daughter of deceased trust settlor challenging trust amendments and asserting claims for oppression as shareholder in substantial family restaurant enterprise.

Representing successor trustee and beneficiaries prosecuting claims against former trustee for years of self -dealing and other breaches of fiduciary duty in the administration of family trust and as president of associated family manufacturing enterprise.

Obtained complete dismissal, affirmed on appeal, of contractor’s seven-count complaint alleging fraud, breach of contract and other claims against institutional and individual guardians of $30 million guardianship estate.

Obtained 100 percent of beneficial interest on behalf of major international charitable organization in settlement of trust contest.

Obtained substantial seven-figure “fair value” buy-out of minority shareholder’s interest after prosecuting claims of oppression and freeze-out of substantial family-owned manufacturing business.

Obtained complete dismissal of claims alleging that member of professional-services LLC breached fiduciary duties and engaged in self-dealing.

Obtained recovery in excess of $2.5 million after probate court trial establishing trust beneficiary’s claim that family members breached fiduciary duties and misappropriated assets of family matriarch and her trust.

Obtained judgment and recovery of deceased matriarch’s real property after probate court trial establishing family member’s fraud, undue influence and tortious interference with testamentary expectancy.

Successfully negotiated pre-filing settlement on behalf of trust beneficiaries alleging that professional trustee failed to keep or furnish trust accounts, failed to maintain adequate trust records, failed to make mandatory trust distributions, intentionally misrepresented the status of trust affairs and wasted or misappropriated trust assets.

Successfully defended arbitration claim asserting that international investment firm breached contract and committed fraud causing tax liabilities to investor in excess of $50 million.

Obtained substantial seven-figure settlement from Big Four accounting firm on behalf of investor who participated in tax-advantaged investment strategy questioned by the IRS.

Successfully defended lawsuit by investors alleging fraud and other misconduct against investment firm specializing in distressed debt transactions.

Represented national captive insurer of law firms defending claims that insured firm breached fiduciary duties as trustees of a $2 billion family trust.

Defended major national bank in class action alleging fraudulent assessment of trustee fees.

Successfully defended major institutional trustee against claims seeking more than $50 million in damages and punitive damages for alleged gross malfeasance in administration of substantial family trust.

Obtained more than $200 million in settlement on behalf of institutional investors prosecuting federal securities fraud claims in connection with private placements of asset-backed securities.

Recent and Upcoming Presentations and Publications:

“Fighting over Value in a Business Divorce,” West LegalEdcenter, Complex Financial Litigation Webinar Series, February 2014

“Earn-Out Disputes,” West LegalEdcenter, Complex Financial Litigation Webinar Series, March 2014

“Lost Profit Cases,” West LegalEdcenter, Complex Financial Litigation Webinar Series, April 2014

“Resolving Shareholders Disputes,” West LegalEdcenter, Complex Financial Litigation Webinar Series, July 2014

Panelist on “Understanding and Managing Risk in Trusts and Estates Practice Today” at AON Law Symposium, October 2013

Panelist “Complex Financial Litigation Series: Resolving Shareholder Disputes” WestLegalEdCenter program, August 2013

“Best Practices to Resolve Family-Business Conflict,” Annual Conference of the International Association of Attorneys for Family-Held Enterprises, April 2012

“Expert Witnesses in Trust and Estate Litigation,” University of Miami’s 46th Annual Heckerling Institute on Estate Planning, January 2012

“Shareholder Oppression and Enhanced Fiduciary Duties,” American Bar Association, Business Torts Litigation Journal, Winter 2012

“Next Generation Disputes in the Family Business:  Navigating the Remedial, Ethical and Tax Quagmires – A Case Study,” American Bar Association’s Joint Fall CLE Meeting of the Sections on Real Property, Trust and Estate Law Taxation, October 2011

“I (Might) Get By With a Little Help From My Expert: Expert Witnesses in Trust and Estate Litigation,” American Bar Association’s Section of Real Estate Property, Trust and Estate Law 22nd Annual Spring Symposia, April 2011

Estate Planning Seminar, Loyola University of Chicago School of Law, Guest Lecturer on Fiduciary Litigation, 2009-2011

Education:
J.D., University of Chicago, 1991
Member, University of Chicago Law Review, 1989-91
Awarded S.K. Yee Scholarship
Awarded Bradley Fellowship in Criminal Justice

A.B., Sc. B., magna cum laude, Brown University, 1984
Elected to Sigma Xi Honor Society

Clerkship:
Law Clerk, the Honorable Albert J. Engel, United States Court of Appeals for the Sixth Circuit, 1991-92

Admitted:
Illinois, 1992

Professional Activities:
American Bar Association –Vice-Chair, Ethics and Malpractice Committee, Section of Real Property, Trust and Estate Law; Committee Representative to ABA Task Force on proposed standards of conduct for experts retained by lawyers (2011-2012); Member, Estate and Trust Litigation and Controversy Committee and Real Estate and Probate Litigation Committee.
Chicago Bar Association – Member, Probate Practice Committee
Family Firm Institute
International Association for Attorneys for Family-Held Enterprises