Jeffrey M. Eilender

Jeffrey M. Eilender is the co-managing partner of the firm and co-chair of the civil litigation group. His commercial litigation practice focuses on intra-corporate disputes and business separations, often when the future of the company or an owner’s net assets are at risk. These cases are usually hotly contested and, unfortunately, often involve adult siblings or heirs warring with each other over family businesses when the founder is no longer on the scene. Jeff has represented all of the players in a business divorce; the companies, majority owners, and dissenting or oppressed minority owners. He has also prosecuted and defended derivative actions. Many of his business divorce matters have resulted in groundbreaking court rulings that are often cited by other courts and are the subject of articles and blogs by other lawyers. Jeff also frequently writes and speaks on these issues.

Moreover, the scope of Jeff’s practice extends beyond intra-corporate disputes. With nearly 30 years of litigation experience, Jeff helps clients resolve virtually any kind of business conflict. He litigates all manner of real estate, contract, intellectual property, trade secrets, employment, fraud, and other business tort cases. Jeff represents large public entities, family businesses, and high net-worth individuals and celebrities such as AXA, Verizon, Oath (formerly AOL), ALP, Inc. (the company founded by artist Peter Max that owns and commercializes all of his art), Judith Regan, Perez Hilton, the Chetrit real estate family, the Lighthouse Group, Albert Einstein Medical School, Canon, and Ashkenazy Acquisition Corp.

A master of procedure, Jeff is noted for devising innovative solutions that other lawyers often don’t think of, which is why clients turn to Jeff for their most significant business matters.

Jeff regularly serves as lead counsel in trials and hearings in federal court, the commercial divisions of New York’s state courts, arbitral forums, and other venues around the nation, including in the Delaware Chancery Court.

As Jonathan Etra, a Partner at Nelson Mullins describes him, “Jeff Eilender, is a litigation powerhouse unto himself.

Jeff has chaired the New York State Judiciary Committee for the Commercial and Federal Litigation Section of the New York State Bar Association. He also served on the Commercial Division (New York County) Advisory Committee, which advises the Bar Association’s Commercial Division on its practices. A frequent lecturer at the New York State Bar’s Commercial Litigation Academy and a panelist on commercial litigation issues, Jeff regularly edits and writes the firm’s New York Commercial Division Blog and has contributed to Bloomberg BNA’s 2017 Supplement to Litigating the Business Divorce.

Additional Publications

  • Frequent panelist on topics relating to the Commercial Division and commercial litigation in general
  • Editor and contributor to the Firm’s New York Commercial Division Blog
  • Contributor to the 2017 Supplement to Litigating the Business Divorce
  • Representing Libra Max, the daughter of artist Peter Max, and their family company ALP, Inc. in various litigations in the Supreme Court of the State of New York and Eastern District of Michigan.
  • Lead counsel for bluebird bio in successfully defending at trial its right to commercialize its billion-dollar gene therapy for thalassemia;
  • Representing global insurance giant AXA in a $200 million lawsuit against ING in the Commercial Division of New York County Supreme Court arising out of AXA’s purchase of a Mexican subsidiary of ING;
  • Lead counsel in trial and appeal which issued significant decision limiting use of marketability discount for real estate holding entities. Chiu v. Chiu., 125 A.D.3d 824 (2d Dep’t 2015).
  • Representing minority member in business divorce with Rallye Motors in Supreme Court Commercial Division;
  • Representing one of India’s largest pharmaceutical companies in a $90 million lawsuit in Vermont state court over trade secrets and a non-compete agreement concerning transdermal patches;
  • Representing real estate developer Ben Ashkenazy and his company Ashkenazy Acquisition Corp. in various render liability cases;
  • Tried dissolution and partition case in New York Supreme Court involving $200 million family real estate business;
  • Successfully representing one of Mexico’s largest sugar companies in an indemnification action in the Southern District of New York;
  • Winning a $30 million arbitration award on behalf of a New York importer against its Chinese manufacturing partner for breach of contract;
  • Obtaining a $13 million buyout for a minority LLC member in a dissolution proceeding in the Commercial Division of Nassau County Supreme Court;
  • Obtaining a rare order providing for an Anonymous v. Anonymous caption and complete sealing of court records to protect the identity of a television personality, then won summary judgment and an injunction enforcing a confidentiality agreement, preventing a former employee from publishing a “tell-all” memoir about the client.
  • Successfully defending publisher and author Judith Regan in a lawsuit brought against her by Dreier LLP, during which Mr. Eilender was the only attorney who obtained leave to depose Marc Dreier while he was under home confinement.

Speaker at the New York State Bar’s Commercial Litigation Academy.

  • Selected to the New York Metro Super Lawyers® list, Business Litigation, 2010 - 2022
  • Selected to the New York Metro Super Lawyers® list, Civil Litigation, 2010 - 2022
  • Selected to the New York Metro Super Lawyers® list, General Litigation, 2010 - 2022
Jeffrey M. Eilender
Rated by Super Lawyers

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  • Member of the Commercial and Federal Litigation Section of the New York State Bar Association and Co-chair of its New York State Judiciary Committee
  • Association of the Bar of the City of New York
  • Federal Bar Council
  • American Bar Association (and the Business Divorce and Private Company sub-committee of its Business Law Section)
  • Formerly served on the State Bar Association’s Committee of State Courts of Superior Jurisdiction
  • Commercial Division (New York County) Advisory Committee

“My clients want someone who will be aggressive and creative to help resolve their bet-the-company cases. They often are facing a crisis that if they do not win, not only their business but their life’s work and dreams will be destroyed.”