Elizabeth Bierut

Elizabeth Bierut represents clients in complex litigation and investigations, including actions arising under the securities laws, actions involving allegations of common law and securities fraud, bankruptcy law, commercial business disputes, internal investigations, and white collar matters involving the Department of Justice and New York State Department of Financial Services. She counsels public and private companies in the healthcare, financial services, real estate, retail, fintech, and other industries on diverse issues and claims, including breach of contract, breach of fiduciary duty, securities fraud, and antitrust. She 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. 

Prior to joining Friedman Kaplan, Liz was an associate at Ropes & Gray LLP, where she represented financial institutions and corporations in complex commercial litigation, including securities class actions, contract disputes, and bankruptcy matters and represented companies and individuals in investigations by the Department of Justice and Securities and Exchange Commission, as well as in internal investigations.

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.
• 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 connection with an investigation by the U.S. Attorney’s Office for the District of New Jersey.
• Representation of a fintech company that provides banking and financing services to small businesses in defense of various bankruptcy claims brought against it as a creditor.
• Defense of an international law firm and its partner in defense of a multimillion dollar claim for legal malpractice.

Outside the Office

Liz 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. She is a member of the New Jersey Women Lawyers Association and the National Association of Women Lawyers for which she co-chairs the Next Level affinity group supporting career growth for in-house and outside counsel. She is a former adjunct professor at Fordham University School of Law, where she taught legal writing.