Steven B. Malech

Partner

Steven B. Malech
Partner
office New York
phone 212-551-2633
fax212-490-0536
emailsmalech@wiggin.com
view LinkedIn profile


Biography

Steven Malech is a partner in the firm's Litigation Department and Chair of the firm's Probate Litigation Practice Group which represents beneficiaries, fiduciaries and creditors in disputes involving alleged violations of the Prudent Investor Act and its predecessors; alleged breaches of fiduciary duty; disputed accountings; and will contests. Over the past few years, Steve has represented clients in cutting edge probate litigation matters involving trusts and estates with assets in the hundreds of millions of dollars. He has also represented companies and individuals in a wide variety of business disputes and regularly counsels clients with respect to estate and trust management, litigation and other business issues. Steve is also a co-founder of our firm's Israel practice group. He represents a broad range of Israel-based businesses and individuals, collaborates with Israeli attorneys and intellectual property firms and travels to the country regularly.

Steve has given numerous presentations about strategies for avoiding disputed accounting proceedings to leading trust companies and financial institutions, as well as at The Heckerling Institute. He has also lectured on conservatorship and other litigation issues pertinent to elder care providers and advocacy groups.

Steve received his B.A. with special honors in psychology from the University of Texas at Austin. He received his J.D. with honors from the University of Connecticut School of Law, where he served as an Associate Editor of the Insurance Law Journal. He is admitted to practice in Connecticut and New York.

Experience

Recent probate litigation matters include his representation of:

  • a corporate fiduciary in a contested Surrogate's Court proceeding involving an estate's ownership interests in, and management rights over, real estate with a value in excess of $100 million;
  • several trust beneficiaries who alleged that a corporate trustee failed to diversify a highly concentrated position in a publicly traded stock held by a trust with an initial value in excess of $200 million;
  • an individual trustee who allegedly failed to properly manage a trust exclusively comprised of ownership interests in various closely held real-estate businesses with a value of approximately $50 million;
  • an individual trustee who allegedly favored the remaindermen of a multimillion dollar trust, to the detriment of the income beneficiary;
  • beneficiaries who alleged that a corporate trustee failed to diversify a concentrated position in fixed-income investments;
  • the nominated executor of a multimillion dollar estate in connection with the probate of a copy of a destroyed Will;
  • the nominated executor of a Will challenged on alleged grounds of undue influence, fraud and the decedent's lack of capacity, as well as the related disposition of the decedent's multimillion dollar estate;
  • the executor of a Will in connection with the estate's disputed ownership of property in Israel; and
  • a co-fiduciary in a contested proceeding concerning an estate and related family trusts with approximately $300 million in assets.

Recent commercial litigation matters include his representation of:

  • a foreign bank in its defense of efforts by judgment creditors to recover assets held at the bank's non-U.S. branches for the benefit of judgment debtors, including an action to hold the bank in contempt for failing to restrain approximately $28 million in assets held overseas;
  • several foreign companies accused of breaching security obligations with respect to the alleged default on notes with a face value in excess of $250 million;
  • a leading franchisor in connection with judicial challenges to arbitration awards involving the termination of, or disputes with, multiple franchisees;
  • a Fortune 500 company in defense of an investigation of certain marketing practices by the New York City Department of Consumer Affairs; 
  • a consumer products start-up in connection with the resolution of a trademark dispute; and
  • a leading pollster in its defense of an application for a temporary restraining order in New York Supreme Court seeking the immediate restraint of the pollster from conducting any, and/or releasing any, voter preference poll for the New York City Democratic mayoral primary which did not include all of the candidates.

Memberships

  • American Bar Association
    • Real Property, Trust and Estate Section
  • Bar Association of the City of New York
  • District of Columbia Bar Association
  • New York City Bar Association
  • New York State Bar Association
    • Trusts and Estates Law Section
  • Former board member and/or officer of several community organizations, including the Community Relations Council of the Greater Hartford Jewish Federation and the Young Israel of West Hartford
  • 1997 participant on Governor Rowland's Trade Mission to Israel

Advisories

09.09.2013New Transfer of Assets and Applied Income Law Provides Boost for Nursing Home Debt Collection
08.27.2012Separate Entity Rule
01.14.2011Antitrust and Consumer Protection Newsletter

Published Works

04.01.2010What is Superiority?The Antitrust Source
06.22.2005Government Action and the Superiority Requirement: A Potential Bar to Private Class Action LawsuitsThe Georgetown Journal of Legal Ethics, Volume XVIII, Number 4, Fall 2005
12.13.2004The Voluntary Payment Doctrine: A Potential Bar to Restitution ClaimsNewsletter of the ABA Section of Antitrust Law's Consumer Protection Committee, Fall 2004
11.07.2003A new lawsuit, an old claimThe Jewish Ledger, November 7, 2003
05.26.2000School employees and child abuse: Obligations and risksConnecticut Jewish Ledger, May 26, 2000
04.21.2000Someone's reading your email at work - your bossConnecticut Jewish Ledger, April 21, 2000
01.02.2000Failure to grant a religious divorce can cost more than you think!Connecitcut Jewish Ledger, January 2000
11.16.1999Settle NowThe Daily Deal, November 16, 1999

Events

07.20.2017Trust Assets and Divorce: Life from the Trenches
01.23.2017Trust Assets and Divorce: Life from the Trenches
11.11.2015Settlement Agreements in Estate & Probate Disputes
05.04.2015Fiduciary Litigation Update
04.21.2015Drafting Settlement Agreements in Litigation
02.19.2015Duress & Undue Influence in Estate Planning
01.14.2015Will Contests: Common Grounds for Challenges and Potential Strategies for Avoiding and Defeating Them
05.28.2014Trust Investments: A Guide to Trustee Duties & Liability Under the UPIA
11.19.2013 How to Avoid a Contested Accounting Proceeding: Ten Life Lessons
11.18.2013Fiduciary Investing After the Financial Crisis
08.29.2013Strategies for Tackling Bad Debts: Review of New Transfer of Assets and Applied Income Law and Life Lessons from the Trenches
01.16.2013The Prudent Investor Rule After the Financial Crisis
09.05.2012United States Patents as a Tool for Your Business
10.24.2011How to Avoid a Contested Accounting Proceeding: Ten Life Lessons
05.13.2011Consumer Law Protection Update
05.02.2011April 2011 Consumer Protection Update
10.13.2010How to Avoid a Contested Accounting Proceeding: Ten Life Lessons
09.20.2010How to Avoid a Contested Accounting Proceeding: Ten Life Lessons
06.22.2010How to Avoid a Contested Accounting Proceeding: Ten Life Lessons
03.25.2009ABA Section of Antitrust Law: From Antitrust Investigations to Consumer Protection Prosecutions
11.19.2008PMA Promotion Marketing Law Conference
02.04.2008January 2008 Consumer Protection Update
11.15.2007PMA Marketing Law Conference 2007
04.19.2007Ear to the Ground: Legal Fallout from Product Promotion
12.04.2006Telephonic Program: Consumer Update November 2006
11.07.20052005 Consumer Protection Update Telephonic Program
06.10.2004The Non-Paying Patient: Litigation and Regulatory Considerations

office New York
phone 212-551-2633
fax212-490-0536
emailsmalech@wiggin.com
view LinkedIn profile

PRACTICE GROUPS

EDUCATION

  • University of Connecticut School of Law, J.D., 1995, with honors
  • University of Texas at Austin, B.A., 1988, Special Honors in Psychology

BAR ADMISSIONS

  • Connecticut
  • New York

COURT ADMISSIONS

  • State of Connecticut
  • State of New York
  • US Court of Appeals for the Second Circuit
  • US District Court (District of Connecticut)
  • US District Court (Southern District of New York)


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