2019 Trust & Estate Controversy Forum

Monica Asher focuses her practice on complex commercial litigation and private client litigation. She has represented clients in partnership disputes, breach of contract, antitrust and trademark infringement matters.

Monica also has a broad range of experience in estate and probate proceedings and has represented clients in will contests, trust disputes and guardianship proceedings, among other matters.

Monica has significant appellate experience, having handled multiple appeals at the federal court level and to the New York State Appellate Division and Court of Appeals.

David A. Baker advises clients in the areas of estate, trust, and guardianship litigation; probate, estate, trust, and guardianship administration; and charitable foundation and exempt organization administration and litigation. He also practices estate planning.

David founded the firm’s Estate, Trust and Guardianship Controversy practice more than 30 years ago. He led a group of private client and litigation attorneys who, together, have 80 years of experience in this unique field, one that combines substantive property law and tax background with litigation skills. David and this group achieved attention-getting results in high-profile matters involving defense of fiduciaries in investment and general liability cases, defense of fiduciaries in will and trust contests, and other diverse matters, including the highest-exposure transfer tax litigation cases in the United States. Representative matters include the following:

• Successfully defending the corporate fiduciary managing an Indiana trust, who was subject to a $100 million investment liability claim, and achieving a no-liability outcome, following by a court order taxing the cost of the litigation to the plaintiff beneficiaries
• Successfully defending will, trust and tort claims brought against the estate of the owner of a long-standing Chicago grocery store chain, with alleged damages in excess of $100 million, including obtaining full dismissal of all claims and sanctions against the plaintiff's attorneys
• Successfully defending the surviving spouse of a Michigan decedent, in a case involving the largest federal transfer tax deficiency ever sought by the Internal Revenue Service, and ultimately preserving, in its entirety, the surviving spouse's significant share of the decedent's estate and trust

David also handles appellate cases, and was the lead counsel on 10 published opinions in the courts of Illinois, Indiana and Michigan, including Americans for the Arts v. Ruth Lilly Charitable Remainder Annuity Trust No. 1, 855 N.E. 2d 592 (Ind. Ct. App. 2006), a leading case on a trustee's duty to diversify investments

David has authored articles and outlines for the American College of Trust and Estate Counsel (ACTEC), the Illinois Institute of Continuing Legal Education (IICLE) and the Chicago Bar Association, as well as for the Probate and Property Journal of the American Bar Association. He is the editor and primary author of the 2002 edition of the IICLE's Handbook on Estate, Trust and Guardianship Litigation (formerly Contested Estates), which he organized, authored and edited as a new publication for IICLE. He also speaks before these organizations on topics including contested estates, trusts and guardianships, estate planning and tax litigation. In law school, David served as an associate editor and contributor of the Loyola University of Chicago Law Journal.

Frequent speaker for Chicago Bar Association, Illinois Institute on Continuing Legal Education and local Bar Associations regarding estate, trust and foundation administration and litigation involving estates, trusts, and guardianships.

Margaret E. Sanne advises ultra-high-net-worth individuals and multigenerational families, family offices, private trust companies, and corporate fiduciaries on trust and estate planning, helping them navigate complex planning and administration matters with proactive, strategic guidance.

Margaret counsels clients on all aspects of estate, gift, and charitable planning, corporate governance, and business succession strategies. She has extensive experience advising family offices and private trust companies on their unique planning needs, including structure and governance matters, succession planning, fiduciary risk management, trust and estate administration, transfer and income tax planning, and internal operations.

Additionally, Margaret advises individual and corporate fiduciaries on complex estate and trust administration, post-death administration, and probate and guardianship proceedings. She regularly represents clients in a wide range of private client disputes, including will and trust contests, beneficiary disputes, divorce-related trust issues, and tax and charitable controversies.

Joseph advises clients on all matters pertaining to the intergenerational transfer of wealth, including estate planning, succession planning, tax planning, trust and estate administration, audits, examinations, controversy avoidance and litigation. He also guides clients on the formation, governance and operation of private trust companies and family offices. His clients are located throughout the United States and include high-net-worth individuals and families, private trust companies, family offices, family office executives and large banks.

Joseph has successfully argued before trial and appellate courts in multiple jurisdictions. Due to his unique background in tax, planning and litigation, clients turn to Joseph to advise them in complex disputes involving family members, spouses, employees and business partners. A significant part of his practice involves counseling family offices and private trust company executives on strategies and best practices for avoiding personal liability. Joseph is frequently able to favorably resolve disputes without litigation. If necessary, however, he vigorously defends his clients’ interests in the courtroom.

Joseph is a frequent contributor to the bar. In addition to publishing numerous articles and book chapters, he is the principal draftsman of the forthcoming Michigan Trust Company Act. He also assisted with drafting the Michigan Uniform Fiduciary Income and Principal Act and the Model Civil Jury Instructions Regarding Undue Influence, among other legislative matters.

Jane Zhao focuses her practice on estate planning and post-death estate and trust administration. She is familiar with all aspects of wealth transfer planning, including estate and gift tax, business succession and philanthropic matters. Jane works diligently with her clients to formulate estate plans to achieve their family and charitable goals while minimizing transfer tax.

Previously, Jane was an associate at PricewaterhouseCoopers LLP, where she audited alternative investment funds.

Jane is a certified public accountant.

Lisa A. Linsky focuses her practice on complex investigations and litigation. With more than 15 years’ experience as a criminal prosecutor, Lisa has handled matters involving sexual assault, abuse and misconduct. She is the founder and head of the Firm’s Institutional Sexual Misconduct Response Team (SMRT). Lisa leads a team of approximately 12 attorneys who assist institutional clients, including religious entities, academic institutions, businesses and nonprofit organizations to navigate high-profile and sensitive sexual assault and abuse matters, including Child Victims Act and Adult Survivors Act cases. Lisa’s extensive investigation and litigation experience also uniquely positions her to conduct Title IX investigations and litigations. Her clients rely on her guidance and good counsel to protect them from reputational harm that can result from being sued in these cases. Lisa draws on her experience as a seasoned prosecutor with a trauma-informed background when investigating and litigating such matters. She also handles trust and estate matters, including New York Surrogate’s Court litigation, complex commercial and civil rights litigations.

Lisa was McDermott’s first partner-in-charge of Firm-wide Diversity and partner-in-charge of Lesbian, Gay, Bisexual and Transgender (LGBT) Diversity and Inclusion. She created and chaired the Firm-wide LGBT Committee, and currently serves on the Firm’s Pro Bono and Community Service and Diversity and Inclusion Committees. In addition to her litigation skills, Lisa has received numerous awards for her distinguished service in both the public and private sectors.

Lisa joined McDermott with extensive trial experience. She was formerly with the Westchester County District Attorney’s Office, where she held the positions of associate chief of the Special Prosecutions Division and chief of the Child Abuse and Sex Crimes Bureau of the same division. Lisa investigated and prosecuted, as first chair, countless sexual abuse cases involving children and adults, and has been recognized for her expertise and work in the fields of domestic violence, child abuse and sex crimes investigations and trials. She is an accomplished public speaker and has trained members of law enforcement, the judiciary, mental health professionals, teachers and parents on the identification and prevention of child sexual abuse, among other topics.

Jay E. Rivlin has extensive experience advising ultra-high net worth individuals and families on all aspects of their personal legal needs, including domestic and international estate, gift and tax planning, administration, cross-border issues, and controversy resolution; family office administration; business succession planning; family dispute resolution; charitable giving and private foundation administration; acquisition and ownership of private aircraft; as well as guardianship and planning matters for incapacitated persons. Jay is co-head of the Private Client practice in the Firm's New York office.

He also works extensively with family offices on family office formation, administration, and governance matters. Jay blends his real-world knowledge, technical expertise and practical approach to achieve clients’ goals as simply and efficiently as possible.

Christen K. Douglas advises high net worth individuals and families regarding all aspects of their personal legal needs, including estate, gift, GST, and income tax planning, family dispute resolution, business succession planning, charitable giving, and trust and estate controversy matters. Drawing on her experience as a litigator, she is able to anticipate and avoid common missteps in planning clients’ estates that might otherwise lead to costly litigation. When litigation is necessary, Christen offers a unique perspective by understanding the highly technical aspects of estate and tax planning as well as the strategy of litigation.

Steven (Steve) S. Scholes focuses his practice on SEC investigations, shareholder litigation, including class and derivative actions, and internal investigations. He is an experienced trial lawyer, and he has tried civil, criminal and administrative cases in federal and state courts. Steve regularly represents clients before the Securities and Exchange Commission, state securities regulators and self-regulatory organizations, such as the Financial Industry Regulatory Authority, the Public Company Accounting Oversight Board and stock, options and futures exchanges. He has served as the global head and operations partner for the Firm’s Litigation Practice Group and the head of both the Chicago Trial Group and the Firm’s SEC Defense Group.

Steve has substantial experience in securities class and derivative actions, including cases alleging accounting irregularities, illegal trading and breaches of fiduciary duty. He regularly represents public companies and their officers and directors in merger and acquisition litigation, including class and derivative actions, across the country. He has significant experience in conducting internal investigations in numerous industries, including the real estate investment trust, healthcare, manufacturing, logistics and higher education industries, among others. He has also represented audit firms and corporate officers and directors in internal investigations.

A former attorney in the SEC’s Division of Enforcement, Steve has been appointed by three different federal judges in Chicago to serve as receiver in SEC civil enforcement proceedings. In this role, he conducted fraud investigations, prosecuted fraudulent conveyance claims, enforced judgments, marshaled and liquidated assets, and developed and implemented plans of distribution. Stemming from his work as a receiver, Steve has extensive experience in prosecuting and in defending a wide variety of fraudulent conveyance claims.

Steve frequently speaks on securities litigation and enforcement topics. He has appeared numerous times in the press and has authored various materials concerning the federal securities laws.

Elise J. McGee advises high-net-worth individuals and business owners on all aspects of wealth-transfer planning, including estate and trust administration, leveraged wealth-transfer techniques, tax matters, cryptocurrency and QSBS planning, real estate transactions and closely held business matters. Elise has extensive experience working with owners of closely held businesses to develop governance and succession plans, and on corporate, tax and compliance matters relating to those businesses.

Elise specializes in the formation and operation of private trust companies, and has advised clients on these structures in multiple jurisdictions. Elise has worked with state regulators to develop customized private trust company structures for clients, including for international families. Most recently, she co-drafted Wyoming’s 2019 trust company legislation including 2021 legislative updates. Elise has analyzed SEC and regulatory compliance issues facing private trust companies, and has helped clients develop policies and procedures for their private trust companies. She also advises clients on the litigation and regulatory risks facing private trust companies and their decision-makers.

Elise works with clients, including registered investment advisers and multi-family offices, to establish and transition trusteeship to retail trust companies. She also advises retail trust companies on cryptocurrency custody matters. She helps clients structure the multi-jurisdictional relationships between trust companies, family offices and closely held businesses.

Elise speaks frequently on the subject of estate planning, state income tax strategies, digital assets and trust companies. She has lectured at the University of Wyoming College of Law and serves on the Executive Committee of the Chicago Bar Association Trust Law Committee.

While in law school, Elise was an executive editor for The Michigan Journal of Race & Law. Prior to law school, she worked as a senior research analyst for Lexecon, where she performed research and statistical analyses focusing on the application of economics to litigation.