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As a Partner in the firmโ€™s Litigation Department, Chair of the Fiduciary and Probate Litigation Practice Group and Chair of the Israel Practice Group, Steveโ€™s practice primarily focuses on disputes over the ownership and/or administration of family wealth, including closely held businesses and other substantial assets. While his work typically involves matters arising in the context of disputes involving trusts and/or estates, Steve also handles a variety of business and other commercial litigation matters. His cases frequently involve underlying assets valued in the tens and hundreds of millions of dollars, including assets held in multiple jurisdictions in the United States and/or abroad. For example, Steve is currently responsible for several matters in which the claims or assets at issue are worth between $10 million and $100 million and several matters in which the claims or assets at issue are worth in excess of $100 million. He is responsible for cases pending in courts throughout the United States, including Connecticut, Delaware, Florida, Nevada and New York. A number of these matters involve ancillary proceedings in other countries.ย ย  ย 

Steve is a relationship-builder and trusted adviser. He provides business-based advocacy designed to achieve his clientsโ€™ personal, practical, and financial objectives.ย As a result, he often represents many clients in connection with a wide range of their business and personal matters.ย  ย 

Steve typically represents beneficiaries, fiduciaries, and creditors in disputes involving alleged breaches of fiduciary duty; disputed accountings; will contests; and alleged violations of the Prudent Investor Act and its predecessors. Steve also represents businesses and individuals in a variety of litigation and regulatory matters involving contract, consumer protection, employment, non-compete, and other regulatory disputes.

For example, Steve has represented:

  • Fiduciaries in a Connecticut Probate Court matter involving the defense of their accountings for an estate and a trust with combined assets worth approximately $250 million.
  • Trust beneficiaries in a New York Surrogateโ€™s Court matter challenging the management of a family trust with more than $200 million in assets.
  • A widow in a Delaware Chancery Court proceeding involving the alleged wrongful conversion of her husbandโ€™s single-member LLC with a single asset valued at approximately $30 million.
  • The co-attorneys-in-fact for, and co-trustees of two trusts established by, an alleged incapacitated person in connection with a guardianship proceeding in the New York Supreme Court.
  • Fiduciaries and/or heirs in trust-and-estate disputes involving will contests, trust contests and/or the disposition of assets located in different states and countries, including Israel and parts of Europe.
  • A fiduciary accused in a New York Surrogateโ€™s Court proceeding of mismanaging trust-owned real estate valued at more than $100 million.
  • The nominated executor of a New York will in a contested proceeding in the New York Surrogateโ€™s Court involving allegations of undue influence, fraud, and the decedentโ€™s lack of capacity, as well as claims related to a prior will executed by the decedent in Spain.ย 
  • The co-trustees of a family trust and the personal representatives of an estate in a New York Supreme Court proceeding arising from the Decedentโ€™s alleged breach of a purported multi-million dollar pledge agreement. ย 
  • The heirs-at-law in a Mississippi Chancery Court in a will contest proceeding.
  • The nominated executor of a will challenged in the Circuit Court for Palm Beach County, Florida.
  • A New York-based trustee seeking to protect financial information from disclosure in a Connecticut divorce proceeding to which one of the trustโ€™s beneficiaries was a party.ย 
  • A leading medical center in defense of claims that it breached a commercial lease agreement for durable medical equipment.
  • A food distribution company in a New Jersey federal court matter involving the defense of claims that the breach a merger and ย acquisition agreement.
  • A dentist in a New York Supreme Court proceeding involving claims for damages and the dissolution of an LLC due to alleged breaches of fiduciary duty and other misconduct by the other members of the LLC.
  • A hedge fund founder in a Beit Din (Jewish religious court) proceeding involving claims arising from the failure of the fund.
  • Two owners of real property in separate Beit Din (Jewish religious court) proceedings involving landlord/tenant disputes.

Steve co-founded Wiggin and Danaโ€™s Israel practice group. In that role, 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 on business.

Since 2015, Steve has been listed in Super Lawyers as a top-rated estate and trust litigation attorney in New York City.ย He has also received the highest rating from Martindale Hubbel for many years.ย His numerous presentations about strategies for avoiding disputed accounting proceedings have been delivered to leading trust companies and financial institutions, as well as at The Heckerling Institute. His presentations for continuing legal education providers on will contests, dispute resolution, fiduciary litigation, trust assets in divorce, and conservatorship and other litigation issues have also been reviewed by lawyers throughout the country.

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

Education

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

Bar Admissions

Court Admissions

Memberships and Affiliations

  • International Bar Association
    • Mediation Committee
    • Litigation Committee
    • Private Client Tax Committee
    • North American Regional Forum
  • New York State Bar Association
    • Trusts and Estates Law Section
  • New York City Bar Association
  • District of Columbia Bar Association

Awards and Recognitions

Chambers High Net Worth (2022-2025)

Super Lawyers (2015-2025)

Martindale-Hubbell, AV Preeminent (2005-2022)

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News

Events

When: January 13, 2025

Location: Orlando World Center Marriott

People: Michael T. Clear , Vanessa L. Maczko , Steven B. Malech

When: May 21, 2021

Location: Virtual

People: Steven B. Malech , Matthew E. Smith , Michael L. Kenny, Jr.

When: February 18, 2021

at 8:30am

- 9:00am

Location: Zoom

People: Michael T. Clear , Steven B. Malech

When: January 22, 2020

Location: Webinar

People: Steven B. Malech , Michael T. Clear

When: July 29, 2019

Location: Webinar

People: Steven B. Malech , Michael L. Kenny, Jr.

When: March 26, 2019

Location: Webinar

People: Daniel L. Daniels , Steven B. Malech

When: February 20, 2019

Location: Webinar

People: Steven B. Malech , Robert M. Langer , Kevin S. Budge

When: November 19, 2018

Location: Webinar

People: Steven B. Malech

When: May 9, 2018

Location: Webinar

People: Steven B. Malech , Daniel L. Daniels

When: January 24, 2018

Location: Webinar

People: Steven B. Malech , Michael T. Clear

When: May 9, 2017

Location: Webinar

People: Robert W. Benjamin , Steven B. Malech

When: April 13, 2017

Location: Webcast

People: Steven B. Malech

When: November 21, 2019

at 8:00am

- 10:30am

Location: Oppenheimer & Co. Inc.

People: Steven B. Malech , Michael T. Clear

When: December 19, 2017

Location: Webcast

People: Steven B. Malech , Daniel L. Daniels

When: July 20, 2017

at 8:15am

- 10:00am

People: Daniel L. Daniels , Steven B. Malech

When: July 10, 2017

People: Steven B. Malech

When: January 23, 2017

People: Daniel L. Daniels , Steven B. Malech

When: November 11, 2015

People: Matthew C. Brown , Steven B. Malech

When: February 19, 2015

Location: Webinar

People: Daniel L. Daniels , Michael L. Kenny, Jr. , Steven B. Malech

When: May 28, 2014

People: Daniel L. Daniels , Steven B. Malech

When: January 14, 2015

People: Michael L. Kenny, Jr. , Steven B. Malech

When: April 21, 2015

Location: Webinar

People: Kevin S. Budge , Robert M. Langer , Steven B. Malech

When: May 4, 2015

Location: Webinar

People: Steven B. Malech

When: November 19, 2013

People: Robert W. Benjamin , Steven B. Malech

When: November 18, 2013

People: Robert W. Benjamin , Steven B. Malech

When: August 29, 2013

People: Matthew C. Brown , Steven B. Malech , Maureen Weaver

When: January 16, 2013

People: Steven B. Malech

When: September 5, 2012

People: Steven B. Malech , Gregory S. Rosenblatt

When: October 24, 2011

People: Robert W. Benjamin , Steven B. Malech

When: May 2, 2011

People: Erika L. Amarante , Matthew C. Brown , John Doroghazi , Steven B. Malech
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Experience

Recent probate litigation matters include his representation of

  • a corporate fiduciary in a contested Surrogateโ€™s Court proceeding involving an estateโ€™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 decedentโ€™s lack of capacity, as well as the related disposition of the decedentโ€™s multimillion dollar estate;
  • the executor of a Will in connection with the estateโ€™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.
  • Handled several matters before Jewish religious courts including one involving a business dispute and two involving and landlord/tenant issues.

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 bankโ€™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.

Firm Highlights