Elise S. Frejka

Elise S. Frejka, CIPP/US

Founding Member

Direct: (212) 641-0848

Elise S. Frejka is the founding member of Frejka PLLC. Elise's practice is concentrated in the areas of creditor rights, corporate restructuring, fund administration, 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, creditor committees, 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 two decades. 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. Elise has been recognized as one of the nation's top Attorney Fee Experts in each of 2017 through 2023 by the National Association of Legal Fee Analysis and has served as a testifying and consulting witness on fee matters. Before starting Frejka PLLC in 2015, 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:

EPSTEIN SURVIVORS' SETTLEMENT FUND JPM and EPSTEIN SURVIVORS' SETTLEMENT FUND DB - Counsel to the Claims Administrator

BLOCKFI - Fee Examiner

ENDO INTERNATIONAL plc - Consumer Privacy Ombudsman

RITE AID CORPORATION - Special Counsel to the Debtors/Privacy

PGX HOLDINGS - Special Counsel to the Debtors/Privacy

FUTURUM COMMUNICATIONS - Consumer Privacy Ombudsman

CARBONLITE HOLDINGS LLC - Fee Examiner

THE WEINSTEIN COMPANIES - Counsel to the Claims Examiner

SLS CAPITAL, S.A. - Counsel to the Foreign Representative

LE TOTE, INC. - Special Counsel to the Debtors/Privacy

PIER 1 IMPORTS, INC. - Special Counsel to the Debtors/Privacy

DESTINATION MATERNITY CORP. - Special Counsel to the Debtors/Privacy

uBIOME, INC. - Consumer Privacy Ombudsman

FRED'S INC. - Consumer Privacy Ombudsman

DITECH HOLDING CORPORATION - Consumer Privacy Ombudsman

SEARS HOLDING CORPORATION - Consumer Privacy Ombudsman

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

WOODBRIDGE GROUP OF COMPANIES, LLC - Fee Examiner

HOOPER HOLMES, INC. - Consumer Privacy Ombudsman

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

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)

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

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

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)