Elizabeth Wolstein is an experienced trial and appellate advocate who focuses on government civil litigation and investigations, business disputes, and appeals. For ten years, she served as an Assistant United States Attorney in the Civil Division of the United States Attorney’s Office for the Southern District of New York, including, for three years, as Deputy Chief Appellate Attorney. As an Assistant U.S. Attorney, she handled some of the Office’s most significant cases, including in the areas of constitutional law, civil rights, bankruptcy, and the Freedom of Information Act, and argued numerous appeals before the United States Court of Appeals for the Second Circuit. Elizabeth is a recipient of the Department of Justice’s Attorney General’s Distinguished Service Award.


At Schlam Stone, Elizabeth focuses on government civil litigation and investigations and on helping small and mid-size businesses avoid catastrophic legal problems. She works closely with clients to develop litigation strategies tailored to the clients’ goals, and uses the rules of evidence and procedure to maximum advantage whatever the subject area of the case. Elizabeth brings the same approach to representing clients in civil investigations before federal and state law enforcement agencies. Her extensive appellate experience is fundamental to her strategy of ensuring that issues are presented and litigated in the trial court to preserve them for argument to maximum effect on appeal.


Following law school, Elizabeth served as a law clerk to Judge James B. Loken of the United States Court of Appeals for the Eighth Circuit.  She is a member of the Federal Bar Council and the New York State Bar Association.

NY Metro Super Lawyers® 2021

 

Government Litigation and Appeals

  • Represented internet blogger in Second Circuit appeal, on First Amendment and other grounds, of conviction for threatening federal appeals court judges by harshly criticizing panel’s ruling on a gun control ordinance;
  • Represent national nonprofit in state attorney general investigations and litigation;
  • Won bid protest before the New York State Comptroller’s Office challenging an award of contract by the Office of Medicaid Inspector General, resulting in the Comptroller’s Office setting aside the contract award;
  • Representing college professor in state court challenge to firing for alleged statements during history class discussion, in case asserting violations of university’s rules on academic freedom and faculty discipline;
  • Brought in for final stages of appeal by nonprofit fundraiser sued by New York State Attorney General raising First Amendment issues concerning allegedly fraudulent solicitations;
  • Defend federal employees, under U.S. Department of Justice private counsel program, in constitutional tort matters, including actions raising Fourth, Fifth, and Eighth amendment claims;
  • Obtained favorable settlement in False Claims Act action brought by United States relating to postal charges of high-volume shipper; and
  • Prevailed in New York Supreme Court and on appeal in Freedom of Information Law (FOIL) case brought on behalf of independent journalist seeking emails between Mayor Bloomberg’s Office and former Schools Chancellor Cathie Black relating to efforts to build support for Black’s nomination to the post.

Financial and Commercial Litigation and Appeals

  • Obtained judgment following trial on behalf of small business owner against former business partner arising out of partner’s theft of successful start-up business;
  • Defended fulfilment and e-commerce businesses in Lanham Act counterfeiting and infringement actions, and state law unfair competition and infringement actions, brought by national and global consumer brands;
  • Defended one of Mexico’s largest sugar companies in Southern District of New York against indemnification claims arising out of a bond indenture;
  • Obtained summary judgment on behalf of landlord of landmarked Soho retail property in Americans with Disabilities Act case;
  • Obtained award in a FINRA arbitration on behalf of a bankruptcy litigation trustee asserting claims for securities fraud and other torts arising out of investment bank’s purchase of auction rate securities for institutional customer’s cash management account;
  • Obtained reversal on appeal of California lower court’s dismissal of client’s tortious interference claims against CALPERS relating to nine-figure investment management contract;
  • Represented leading academic research institutions as amici curiae before United States Supreme Court in Kimble v. Marvel Enterprises, Inc., which raised the question concerning payment of patent royalties; and
  • Represented a New York City black car industry trade group as amicus curiae in a Second Circuit appeal in Fair Labor Standards Act case brought by drivers seeking to be classified as employees rather than independent contractors.
  • Selected to the New York Metro Super Lawyers® list for Business Litigation, 2021
  • Department of Justice’s Attorney General’s Distinguished Service Award
  • Federal Bar Council
  • New York State Bar Association

“I will not rest until I secure the best possible outcome for every client, no matter the adversary.”