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