Adam F. Streisand
Partner and Chair, Trust and Estate Litigation Practice Group
Adam Streisand is a trial lawyer who focuses his practice on disputes involving trusts, decedents’ estates and conservatorships; the obligations of fiduciaries such as trustees, executors, conservators, attorneys and other professionals; accountant and legal malpractice; tax litigation; and copyright and intellectual property disputes. In addition to his law practice, Mr. Streisand is active in charitable work. He founded the Fund for the Future of Sri Lanka's Orphans, which helped to build an orphanage for the victims of the 2004 tsunami.
Trusts & Estates Magazine says Mr. Streisand "is a trial lawyer renowned for his courtroom victories in celebrity estates." The Daily Journal says Mr. Streisand's C.V. "is a lawyer's resume on steroids." He is named as one of the Top 100 Attorneys in Trusts and Estates in the country by Worth magazine. He was named one of the top 100 attorneys in Los Angeles by the Los Angeles Business Journal. He is named in The Best Lawyers in America published by Woodward/White, Inc. He was named one of the top 500 trial lawyers in the country by Lawdragon 500. He is a Fellow of the American College of Trust and Estate Counsel, the former Executive Editor of the California Trusts and Estates Quarterly, a member of the Executive Committee of the California State Bar Trusts and Estates Section, an attorney member of the National College of Probate Judges, a member of the Advisory Board of the UCLA/CEB Estate Planning Institute, a member of the CEB Estate Planning Advisory Committee, a member of the Planning Committee of the USC Probate and Trust Conference, a faculty member of the National Institute for Trial Advocacy (NITA) where he teaches trial skills to practicing attorneys, and a frequent author and speaker on topics related to trust and estate litigation.
Representative Experience
Mr. Streisand is well known for his victories in courtroom battles over celebrity estates, including the estates of Ray Charles, Marlon Brando, Rodney Dangerfield and Barry White. Mr. Streisand represents Larry Birkhead in the Estate of Anna Nicole Smith. He represented Britney Spears in her conservatorship proceedings. Mr. Streisand also authored Senate Bill 771 on behalf of the Marilyn Monroe estate, establishing the descendibility of a celebrity's name, image and likeness to the celebrity's heirs. Mr. Streisand is equally well known for his success in some of the most complex cases in the probate courts. He won an eight-figure trial victory, including double damages, on behalf of the trustee, in a complex case over the ownership of 70 real properties and 25 bank and brokerage accounts, unwinding 40 years of fraudulent creditor and tax avoidance schemes (follow the link to the Court of Appeal opinion affirming in full the trial court judgment). In three successive trials against a former trustee, Mr. Streisand won judgments in each case for a total of more than $10 million, double damages, and attorneys' fees and costs. Mr. Streisand won a trial invalidating a trust amendment as the product of undue influence and a violation of the original trust terms, and a trial to remove the trustee involved in the procurement of the instrument. Winning in trial is the best leverage for obtaining favorable settlements. For example, Mr. Streisand obtained a $113 million settlement in an action by family members owning a minority interest in the Farmer Bros. Coffee Company against Roy Farmer who was controlling the company as trustee of family trusts owning a majority block of the stock.
On the defense side, Mr. Streisand has achieved equally outstanding results. He was victorious after a six-week trial in defense of a $25 million surcharge case, arising out of allegations of self-dealing by the trustee in redemptions of the trust's stock and options in a private REIT, among other claims. Mr. Streisand successfully defended corporate trustees in a $57 million surcharge and removal case, alleging self-dealing and irreconcilable conflicts of interest. Mr. Streisand won summary judgment for the trustees of the Mark Hughes Trust in an action to surcharge and remove them based on allegations that as trustees and as officers and directors of Herbalife, the company founded by Mark Hughes, they enacted poison pills, golden parachutes and other anti-takeover devices to entrench and enrich themselves at the expense of the beneficiary. Mr. Streisand won four motions in a row, until the case was dismissed in its entirety, for the primary beneficiary and fiduciaries of the nine-figure estate of a prominent British Lord. Plaintiffs claimed that the estate's representatives transferred assets through a worldwide web of trusts to deprive plaintiffs of their inheritance. Mr. Streisand successfully defended the National Parkinson Foundation in a trial of a will contest by disgruntled beneficiaries claiming that the decedent improperly revoked his participation in mutual wills. The case was affirmed on appeal by the Second District Court of Appeal at 2003 WL198712. Mr. Streisand won a trial of a will contest alleging fraud, undue influence and lack of testamentary capacity concerning the $60 million estate of a prominent Canadian businessman. Mr. Streisand successfully defended the estate of an octogenarian against a claim by an exotic dancer in her twenties that the decedent promised to leave half of his estate to her.
Some of Mr. Streisand’s other victories in celebrity and entertainment cases include his victory in obtaining the dismissal of palimony claims by Coco Johnson against comedian and talk-show host Bill Maher. Mr. Streisand won summary judgment in the U.S. District Court for the Beastie Boys and Capitol Records in a landmark copyright case involving digital sampling and affirmance on appeal in the 9th Circuit. Newton v. Diamond, et al., 349 F.3d 591 (9th Cir. 2003), 204 F.Supp.2d 1244 (C.D. Cal. 2002) (follow the link to see the 9th Circuit opinion). Mr. Streisand won a multi-million dollar judgment in an arbitration by proving that Franchise Pictures breached a distribution agreement for the motion picture "Plan B" starring Diane Keaton. On behalf of famed ocean explorer Jacques Yves Cousteau, Mr. Streisand obtained a permanent injunction in an action against his son Jean-Michel Cousteau to protect against the commercialization of the Cousteau name by its use in connection with a Fiji resort.
http://www.loeb.com/adam_streisand/