PartnerLitigation and Probate & Trust
Irwin B. Feinberg is a partner at FMBK and our lead litigator. Before founding FMBK, he practiced at the law firm of Buchalter, Nemer, Fields, Chrystie & Younger. Mr. Feinberg clerked for the Honorable Bertram Janes, Justice of the California Court of Appeal. He lives in the Pacific Palisades with his wife, Deb, and has three sons.
AttorneyFamily Law, Probate and Civil Litigation
Neil Elan is an associate in the Civil Litigation, Family Law, and Probate Departments of FMBK. His practice focuses on all areas in civil litigation, with a particular emphasis on business dissolution, real estate, and contract disputes. Neil is equally experienced in Probate, and represents clients on trust, conservatorship, guardianship, and Elder Abuse matters. In addition to the foregoing, Neil handles various family law matters on occasion.
In the probate sphere, Neil frequently appears in Probate hearings, as he has made appearances in sale confirmation hearings, hearings on Petitions for Final Distributions, and Heggstad Petitions. In his very first year of practice, Neil conducted his own Trial in a Probate Estate proceeding before Judge Maria Stratton, where he was able to successfully defend the subject Estate against a third party creditor, and assisted the Executor in recovering all of her statutory and extraordinary fees, as prayed. Neil was also responsible for first-chairing two mediations, both of which resulted in a favorable settlement agreement to the trustee of a trust. Neil has prevailed on a several Heggstad Petitions, where he successfully represented the trustees in transferring title of a property. Neil also has experience with 850 Petitions, seeking to obtain and access both real and personal property controlled by third parties.
Similarly, Neil frequently makes appearances in civil matters, where he has taken and defended depositions in various complex matters, including specific performance of a multimillion dollar buy-sell agreement, and an employment trade-secret matter. Neil is experienced in enforcing Judgments, including Motions for Charging Orders, Writs of Execution, and Defaults. Neil has particular experience in Anti-SLAPP cases, as he has been on both the prosecuting and defending end of such matters.
Neil has co-authored two versions of “Claims of Undue Influence Are Considered Under Different Standards in Family Law and Probate Matters,” which was published as part of the Los Angeles County Bar Association Family Law Symposium for the years 2014 and 2015. Neil is in the process of preparing a publication on Elder Abuse, which he expects to be published by the end of the 2015 calendar year.
Neil earned his law degree from Loyola Law School, where was a member of the St. Thomas More Law Honor Society and received First Honors in Financial Institutions, Legal Research and Writing, and Civil Procedure. He served as Note and Comment Editor for the Loyola of Los Angeles Law Review. Mr. Elan earned his B.A., magna cum laude, from UC Berkeley, where he graduated with high honors as a Phi Beta Kappa member.