Elizabeth Bierut

Elizabeth Bierut has a broad litigation practice in which she represents clients as plaintiffs and defendants in a variety of complex business disputes, including in connection with breach of contract, securities fraud, breach of fiduciary duty, trade secret, and business torts. She frequently represents creditors in bankruptcy-related contexts, including in litigation arising from liability management transactions. Liz also represents clients in investigations and other white collar matters.

Liz has extensive experience with all stages of litigation, including motion practice, discovery, trial, and appeals, and regularly counsels clients pre-litigation concerning the strengths and weaknesses of claims and defenses, and the best tactical path forward. In addition to advising on disputes-related matters, she proactively collaborates with clients to solve business problems, improve corporate policies and procedures, and reduce litigation risk.

Prior to joining Friedman Kaplan, Liz practiced at Ropes & Gray LLP in New York.

Representative Matters

• Representation of a group of lenders holding over $600 million of first-lien debt in Serta Simmons Bedding in closely watched lawsuits in New York state and federal courts and the U.S. Bankruptcy Court for the Southern District of Texas challenging the validity and legality of the company’s uptier transaction with another group of lenders.
• Representation of a client, including as trial counsel, in a business dispute involving allegations of breach of contract, breach of fiduciary duty, breach of a non-compete agreement, and trade secret violations that culminated in a seven-day arbitration hearing.
• Defense of the former Chief Financial Officer of a liquidated sports equipment manufacturer in a putative Rule 10(b)(5) securities fraud class action arising out of the company’s alleged failure to disclose that it engaged in sales practices that impaired future earnings and forced it into bankruptcy.
• Representation of a legal funding provider and members of its board of managers in a variety of disputes stemming from its acquisition of a company, including defense of breach of contract, breach of fiduciary duty, fraudulent transfer, and “alter ego” liability claims brought by preferred equity holders of the acquired subsidiary.
• Representation of a major pharmaceutical manufacturer in a multimillion-dollar breach of contract action by a supplier.
• Representation of a pharmaceutical company in multiple investigations into pricing of its drugs, including investigations conducted by the U.S. Attorney’s Office for the District of New Jersey and the New York Department of Financial Services.
• Representation of a fintech company that provides banking and financing services to small and medium sized businesses, including in defense of various bankruptcy claims brought against it as a creditor.
• Representation of a technology company in defending preference and fraudulent transfer claims brought in the U.S Bankruptcy Court for the District of New Jersey.

• Defense of an international law firm and its partner in defense of a multimillion dollar claim for legal malpractice.

Outside the Office

Liz is a member of the New Jersey Women Lawyers Association and the National Association of Women Lawyers for which she formerly co-chaired the Next Level affinity group supporting career growth for in-house and outside counsel. She was selected as a member of the Leadership Council on Legal Diversity’s 2022 class of Fellows, a program designed to identify, train, and advance the next generation of leaders in the legal profession. Liz previously taught legal writing as an adjunct professor at her alma mater, Fordham University School of Law, where she also has presented on client service and diversity, equity, and inclusion topics in connection with programs aimed at early career attorneys.