Attorney Delay In Serving Expert Reports Results In Preclusion and $380M Legal Malpractice Claim

Yesterday, a real estate developer filed a legal malpractice complaint in New York County against Herrick Feinstein, LLP, claiming that his lawsuit against a former business partner was irreparably damaged because  a federal court Judge won't allow expert testimony at the trial in November due to his attorney's 26 day delay in serving expert reports. The real estate investor, Jacob Frydman and his companies are suing a former business partner (Eli Verschleiser) for damages arising out of alleged computer hacking, breach of contract, theft of trade secrets and defamation of character. Herrick Feinstein retained a computer hacking expert and a damage estimate expert at a cost of “hundreds of thousands”.

The Court imposed a deadline for service of expert reports subject to a warning that: "These deadlines will not be extended under any circumstances." The expert disclosures were not served until 26 days after the Court imposed deadline. It is alleged that Herrick Feinstein's only defense to the delay was that one of the defense attorney's agreed to the delay in serving expert disclosure. Herrick Feinstein allegedly never obtained Court approval for the delay and as such the Judge ruled that those experts could not testify at the trial, now scheduled for November 2019. United Realty Advisors, LP through Jacob Frydman v Herrick Feinstein, LLP, Sup. Ct., New York County, Index No. 157686/19

Ronald C. Burke, Esq

Trial Attorney with 30+ Years of Experience Attorney Ronald C. Burke, Esq. has more than 30 years of experience and has focused his career on representing clients in cases involving personal injury, medical malpractice and legal malpractice. He is a seasoned trial lawyer and has won many seven-figure settlements and verdicts for his clients over the years, including many case victories listed among the largest in the history of the New York State. He has been featured in the news and is a regular lecturer for the New York County Lawyers Association, as well as having lectured before the New York State Bar Association. Ron is also an attorney with Kelner & Kelner, a New York personal injury law firm. Awards and Accolades Mr. Burke's awards and accolades are many. Among them, he has been included in New York Super Lawyers® each year since 2010, and he has received the highest-possible AV® Rating from Martindale-Hubbell®. Verdict Search, a part of the New York Law Journal, frequently recognizes his notable successes after winning some of the highest settlements and verdicts in past years. He was also featured in their list of the "Top New York Verdicts " and "Top New York Settlements." He is a member of the New York State Bar Association and is licensed to practice law in the U.S. District Court for the Southern and Eastern Districts of New York, as well as before the United States Supreme Court. When Attorney Burke is not handling legal malpractice cases, he is highly involved in the local community. He was a member of the Village of Rockville Centre Volunteer Fire Department, has served on the local school board and as Chairman of the local Zoning Board. Learn more about Attorney Burke and how he can skillfully handle your malpractice case by contacting the Law Offices of Ronald C. Burke, Esq. right away to schedule your complimentary case evaluation. Our firm is here to help! Contact a New York Legal Malpractice Attorney Our firm provides each client's case with thorough preparation and aggressive representation, ensuring that you win the best possible results for your case whether it is settled or goes to trial. As a seasoned trial lawyer, Mr. Burke can provide the strong and relentless representation you need to establish negligence in a legal malpractice case and to recover any damages you may have suffered. Our firm can recover compensation for pre-trial and trial malpractice, violations of fee arrangements, loss of income, pain and suffering, and much more. Contact us today!


There are no comments for this post. Be the first and Add your Comment below.

Leave a Comment

Go to Top