Elise S. Frejka, CIPP/US

Founding Member

 

Direct: (212) 641-0848

Fax: (212) 641-0820

Email: efrejka@frejka.com

 

 

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Elise S. Frejka is the founding member of Frejka PLLC.  Elise's practice is concentrated in the areas of creditor rights, corporate restructuring, privacy, and litigation.  Her practice focuses on restructuring; crisis management; corporate governance; and financings; plus acquisitions involving distressed situations in a wide array of industries on behalf of debtors, creditors, chapter 11 trustees, creditor committees, ad hoc committees, institutional lenders, investors, hedge funds, private equity firms, and acquirers of distressed assets and securities. Elise has counseled clients in every significant Ponzi scheme case over the past decade.  Elise is a Certified Information Privacy Professional credentialed by the International Association of Privacy Professionals and has served as a Consumer Privacy Ombudsman in numerous cases.  Recently, Elise was recognized as one of the nation's top Attorney Fee Experts of 2017 and 2018 by the National Association of Legal Fee Analysis.  Before starting Frejka PLLC, Elise previously practiced at Kramer Levin Naftalis & Frankel LLP, Dechert LLP, and Curtis, Mallet-Prevost, Colt & Mosle LLP in the bankruptcy and restructuring groups. 

Representative Matters

Some of the many matters Elise has handled include: 

 

TOYS "R" US, INC. - Consumer Privacy Ombudsman

 

WOODBRIDGE GROUP OF COMPANIES, LLC - Fee Examiner

 

AVAAGO, INC. - Consumer Privacy Ombudsman

 

BRISTLECONE, INC. - Consumer Privacy Ombudsman

 

MARBLES HOLDINGS, LLC - Consumer Privacy Ombudsman

 

THE WET SEAL LLC - Consumer Privacy Ombudsman

VOICEPULSE INC. - Consumer Privacy Ombudsman

 

TSAWD HOLDINGS INC. f/k/a SPORTS AUTHORITY HOLDINGS, INC. - Fee Examiner

SFX ENTERTAINMENT, INC. - Consumer Privacy Ombudsman

 

THE GREAT ATLANTIC & PACIFIC TEA COMPANY, INC. - Consumer Privacy Ombudsman

 

RADIOSHACK CORP. – Consumer Privacy Ombudsman

 

BERNARD L. MADOFF INVESTMENT SECURITIES, LLC – Ongoing representation of numerous defrauded Madoff investors with respect to their rights in connection with the clawback litigation brought against them under the Bankruptcy Code and the Securities Investor Protection Act

 

SUMMIT PRODUCTS, LLC – Represented purchaser of substantially all of the assets of Summit, a toy manufacturer and distributor, in a Bankruptcy Code § 363 sale

 

PETTERS GROUP INC. – Represented significant unsecured creditor and adversary proceeding defendant in connection with the Petters Ponzi scheme

 

FUNDEX, INC. – Represented purchaser of substantially all of the assets of Fundex, a toy manufacture, in a Bankruptcy Code § 363 sale

 

RESIDENTIAL CAPITAL LLC – Represented the Official Committee of Unsecured Creditors of ResCap in connection with multiple complex asset sales, and formulating and negotiating a comprehensive consensual plan of reorganization

 

BEARINGPOINT, INC. – Represented purchaser in the acquisition of the public services division of BearingPoint

 

FIRST REPUBLIC GROUP REALTY GROUP – Represented secured lender in connection with sale of substantially all of the assets of First Republic and confirmation of a consensual plan of reorganization

 

CIRCUIT CITY STORES, INC. – Represented purchaser of the e-commerce business of Circuit City, including customer personally identifiable information, in a Bankruptcy Code § 363 sale

 

BAYOU GROUP – Represented the debtor and plaintiff in over 150 fraudulent conveyance actions in connection with Bayou Ponzi scheme

 

STEIN – Represented a defendant in fraudulent conveyance litigation commenced in connection with a SEC Ponzi scheme receivership

Notable Reported Cases

Picard v. Ida Fishman (In re Bernard L. Madoff Inv. Sec.), 773 F.3d 411 (2d Cir. 2014) (affirmed motion to dismiss)

 

Bayou Superfund, LLC v. WAM Long/Short Fund II, L.P. (In re Bayou Group, LLC), 362 B.R. 624 (Bank. S.D.N.Y. 2007) (denial of motions to dismiss) 

 

In re Bayou Group, LLC, 363 B.R. 674 (S.D.N.Y. 2007) (affirmed denial of motion to appoint chapter 11 trustee); aff’d Adams v. Marwil (In re Bayou Group, LLC), 564 F.3d 541 (2d Cir. 2009) 

 

In re Bayou Group, LLC, 372 B.R. 661 (Bankr. S.D.N.Y. 2007) (denial of motions to dismiss) 

 

Bayou Accredited Fund, LLC v. Redwood Growth Partners, L.P. (In re Bayou Group, LLC), 396 B.R. 810 (Bankr. S.D.N.Y. 2008) (memorandum decision on cross-motions for summary judgment) 

 

Rockefeller Center Properties v. National Broadcasting Company (In re Rockefeller Center Properties), 241 B.R. 804 (Bankr. S.D.N.Y. 1999), aff’d 266 B.R. 52 (S.D.N.Y. 2001), aff’d 46 Fed.Appx. 47 (2d Cir. 2002) (granted motion for summary judgment) 

 

Rockefeller Center Properties v. Chase Manhattan Bank (In re Rockefeller Center Properties), 241 B.R. 804 (Bankr. S.D.N.Y. 1999), aff’d 266 B.R. 52 (S.D.N.Y. 2001), aff’d 46 Fed.Appx. 40 (2d Cir. 2002) (granted motion for summary judgment)

Bar Admissions

State of New York

Supreme Court of the United States

Second Circuit Court of Appeals

Federal Circuit Court of Appeals

Southern District of New York

Eastern District of New York

Northern District of New York

 

 

Education

New York Law School

Juris Doctor, cum laude (1990)

 

  • Professor James P. Kibbey Memorial Award for Excellence in Commercial Law

 

Vassar College

Bachelor of Arts in Economics (1987)

 

 

Professional Certifications

Certified Information Privacy Professional/

United States

 

Clerkship
The Honorable Prudence Carter Beatty,
U.S.B.J.  S.D.N.Y.
Professional Associations
  • American Bankruptcy Institute

  • International Association of Privacy Professionals

  • International Women's Insolvency & Restructuring Confederation

  • New York Institute of Credit

  • Turnaround Management Association

  • National Association of Legal Fee Analysis

 

Pro Bono
Cornerstone Award (Lawyers’ Alliance of New York)
 
NYC Bankruptcy Assistance Project
 
 
 

 

Speaking Engagements
Panelist - ABA: Who is Minding the Minders:  Is Your Personal Data/Information Safe in Sale or Crisis?
 
Panelist -- ABI: Key Issues and Emerging Trends in Hospitality Defaults
 
Panelist - NALFA: Professional Fees In Large Chapter 11 Cases 
 
Panelist - ABI: The Details of Retail: Can You Reorganize Middle-Market Retailers? 
Panelist - ABI Live Webinar: The Importance of Prebankruptcy Planning to Maximize the Value of Customer Data and IP
 
Guest Lecturer - Bankruptcy, Workouts & Reorganizations at the New York University School of Continuing and Professional Studies
 
Moderator - Ponzi's Revenge: Clawback and Financial Fraud Litigation, American Bar Association
 
 
 

 

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