Practice Areas & Industries: Sullivan & Cromwell LLP

Practice/Industry Group Overview

Sullivan & Cromwell is one of the few major New York law firms with an active trusts and estates litigation practice worldwide. Cases are often litigated in the courts of several countries simultaneously, presenting complex conflict of laws issues and requiring the coordination of litigation strategy in multiple jurisdictions. The Firm is regularly involved in cases pertaining to disputes within families regarding contested wills, trust administration, issues of fiduciary responsibility, challenged gifts and forced inheritance laws. In addition to litigating these cases, we have developed a reputation for bringing about negotiated resolutions of such disputes in creative, tax-efficient ways that minimize family strife, expense and publicity.

Representative Estates Litigation

S&C has been involved in litigating a broad range of precedent-setting trusts and estates cases, including acting as lead trial and appellate counsel in a case that resulted in a significant decision by New York's highest court on trustee fiduciary obligations. Our representations have included:

• Representing members of Chicago's Pritzker family in U.S. and offshore litigation regarding U.S. and Bahamian trusts.
• Representing the charitable beneficiary of an estate, Mills College, in asserting objections to two executors' final accounting. A trial before the Surrogate's Court resulted in Mills College's objections being upheld and a surcharge being assessed against the executors, which was unanimously affirmed by the Appellate Division, First Department, and the New York State Court of Appeals. The Court of Appeals' decision on standards of care for fiduciaries has since been extensively relied on by lower courts.
• Successfully defending a major New York bank against objections filed challenging the bank's actions as an estate executor, including objections to the bank's decisions to sell substantial real estate interests. After a three-month trial before the Surrogate's Court, Nassau County, the objections were dismissed.
• Successfully bringing objections on behalf of a trust beneficiary and a replacement trustee of a large trust, against the prior trustee. After trial, the Surrogate's Court, Putnam County, entered a verdict of criminal and civil contempt against the prior trustee, surcharged him for substantial trust losses and awarded the beneficiary and the replacement trustee their attorney's fees.

Practice Contacts

Theodore O. Rogers, Jr.
New York
P +1-212-558-4000
F +1-212-558-3588
rogersto@sullcrom.com