News Briefs
Seven Wilson Elser Attorneys Named to 2026 New Jersey Super Lawyers and Rising Stars Lists
March 20, 2026 - Super Lawyers
Max Billek, a cochair of the firm’s Lawyers Liability practice, handles a variety of professional malpractice actions and defense of lawyers, accountants, medical professionals, directors and officers, and design professionals, in addition to employers in employment liability matters. In the area of executive liability insurance, Max defends upper management of businesses in a range of industries, specifically focusing on directors and officers (D&O) liability, employment practices liability and fiduciary liability. He has broad experience with complex casualty claims, construction and workplace accidents, significant automobile accidents and general liability claims.
Max has served as an arbitrator, mediator and special discovery master in complex matters and has been appointed by courts as a hearing commissioner. He regularly presents to insurance clients on legal malpractice, identifying good and bad risks and trends in legal claims. Max has lectured to other lawyers on behalf of the New Jersey Institute for Continuing Legal Education and to hospitals and medical associations in the areas of medical and nursing malpractice. He has appeared before professional licensing boards on behalf of clients.
Max served on the New Jersey Supreme Court Committee for the Unauthorized Practice of Law and the Committee on Women in the Courts. He is an active member of the Professional Liability Underwriters Association (PLUS). Prior to joining the firm, Max managed his own insurance defense practice, which gave him practical knowledge of the industry and insight into the workings of the claims process. In service to his community, Max was a long-standing member of the Metuchen Edison Woodbridge YMCA and past vice president of the board and chair of risk management.
Professional Malpractice
Max handles professional liability matters on behalf of attorneys and accountants; doctors, nurses, hospitals and nursing homes; insurance brokers and agents; real estate agents; architects and engineers; home inspectors; and miscellaneous real estate professionals. Max has significant trial experience representing many clients in high-exposure matters over the past 25 years. He also regularly appears before professional licensing and ethics boards on behalf of his clients.
Employment
Max handles employment matters in all aspects of federal and state employment laws, including Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the Family and Medical Leave Act and the Employee Retirement Income Security Act. He appears with clients before the U.S. Equal Employment Opportunity Commission, the National Labor Relations Board and the U.S. Department of Labor, as well as state and federal administrative agencies and courts.
Directors & Officers Liability
Max has experience with directors and officers liability issues including defending and advising officers and directors in private and not for profit companies and condo boards.
General Liability
Max defends insured and self-insured commercial businesses, construction companies, restaurants, transportation companies, schools and public and private landlords, among others, against virtually every type of personal injury and property damage claim.
Design Professionals/Construction
Max has defended architects and engineers, construction managers, general contractors and subcontractors, crane operators, inspectors and others in the state and federal courts and in arbitrations and mediations. These matters include personal injury, property damage, design defect, delay, differing site conditions and breach of contract. Max also has gained particular proficiency with construction contracts, insuring agreements, OCIPs, indemnity agreements and interpreting the legal responsibility of the parties involved in the industry.
Max Billek, a cochair of the firm’s Lawyers Liability practice, handles a variety of professional malpractice actions and defense of lawyers, accountants, medical professionals, directors and officers, and design professionals, in addition to employers in employment liability matters. In the area of executive liability insurance, Max defends upper management of businesses in a range of industries, specifically focusing on directors and officers (D&O) liability, employment practices liability and fiduciary liability. He has broad experience with complex casualty claims, construction and workplace accidents, significant automobile accidents and general liability claims.
Max has served as an arbitrator, mediator and special discovery master in complex matters and has been appointed by courts as a hearing commissioner. He regularly presents to insurance clients on legal malpractice, identifying good and bad risks and trends in legal claims. Max has lectured to other lawyers on behalf of the New Jersey Institute for Continuing Legal Education and to hospitals and medical associations in the areas of medical and nursing malpractice. He has appeared before professional licensing boards on behalf of clients.
Max served on the New Jersey Supreme Court Committee for the Unauthorized Practice of Law and the Committee on Women in the Courts. He is an active member of the Professional Liability Underwriters Association (PLUS). Prior to joining the firm, Max managed his own insurance defense practice, which gave him practical knowledge of the industry and insight into the workings of the claims process. In service to his community, Max was a long-standing member of the Metuchen Edison Woodbridge YMCA and past vice president of the board and chair of risk management.
Max Billek, a cochair of the firm’s Lawyers Liability practice, handles a variety of professional malpractice actions and defense of lawyers, accountants, medical professionals, directors and officers, and design professionals, in addition to employers in employment liability matters. In the area of executive liability insurance, Max defends upper management of businesses in a range of industries, specifically focusing on directors and officers (D&O) liability, employment practices liability and fiduciary liability. He has broad experience with complex casualty claims, construction and workplace accidents, significant automobile accidents and general liability claims.
Max has served as an arbitrator, mediator and special discovery master in complex matters and has been appointed by courts as a hearing commissioner. He regularly presents to insurance clients on legal malpractice, identifying good and bad risks and trends in legal claims. Max has lectured to other lawyers on behalf of the New Jersey Institute for Continuing Legal Education and to hospitals and medical associations in the areas of medical and nursing malpractice. He has appeared before professional licensing boards on behalf of clients.
Max served on the New Jersey Supreme Court Committee for the Unauthorized Practice of Law and the Committee on Women in the Courts. He is an active member of the Professional Liability Underwriters Association (PLUS). Prior to joining the firm, Max managed his own insurance defense practice, which gave him practical knowledge of the industry and insight into the workings of the claims process. In service to his community, Max was a long-standing member of the Metuchen Edison Woodbridge YMCA and past vice president of the board and chair of risk management.
Maxwell Billek (Partner – Madison, NJ) and Melissa Terranova (Associate – Madison, NJ) secured a complete victory in a highly complex legal malpractice action pending in the New Jersey Superior Court, Monmouth County, on behalf of Wilson Elser’s client, a bankruptcy law firm.
The matter involved extensive and significant motion practice in a procedurally intricate case arising out of a prior bankruptcy proceeding. In moving for summary judgment, Max and Melissa advanced multiple independent procedural grounds for dismissal.
First, they established that the individual plaintiff lacked standing to assert legal malpractice claims because he was not the debtor in the underlying bankruptcy matter and therefore suffered no legally cognizable injury. Second, they demonstrated that the corporate plaintiff likewise lacked standing, as any potential claims belonged exclusively to the bankruptcy estate and could only be pursued by the trustee. Finally, they successfully argued that the Superior Court lacked subject matter jurisdiction because the claims arose directly from the administration of the bankruptcy estate and fell within the exclusive jurisdiction of the bankruptcy court.
The court agreed on all grounds - including substantive grounds involving the lack of an attorney-client relationship. It granted summary judgment in favor of Wilson Elser’s client, dismissed all claims with prejudice on both procedural and substantive bases, and denied plaintiffs’ cross-motion for partial summary judgment in its entirety.
This result reflects a decisive and comprehensive defense victory in a sophisticated legal malpractice matter involving standing, bankruptcy-estate ownership of claims, and jurisdictional principles.
Maxwell L. Billek and Melissa C. Terranova
The Madison, New Jersey team comprised of Kathleen Williams (Of Counsel), partner Maxwell Billek and associate Gina Brignola obtained summary judgment in the Superior Court of New Jersey, Monmouth County, in a legal malpractice action brought against our client, a personal injury law firm. In an underlying matter, the firm represented the plaintiff in a personal injury lawsuit against a contractor. The plaintiff, a police officer, was struck by a construction vehicle owned by the contractor while directing traffic at a construction site, causing severe injuries inhibiting his ability to ever return to work.
The court dismissed the underlying matter after the contractor's counsel filed a motion for summary judgment, ruling that the law firm failed to file timely and appropriate opposition to the motion. The plaintiff's legal malpractice lawsuit against our client ensued. After discovery and a month before the trial was to begin, the Madison team obtained summary judgment after successfully arguing that the plaintiff was a special employee of the contractor and, as such, was only entitled to workers' compensation benefits. Accordingly, regardless of the law firm's conduct in the underlying matter, the plaintiff could not succeed in the 3rd party suit against the contractor. In a 23-page opinion, the Court agreed and granted Wilson Elser's motion for summary judgment, staving off a last demand of $2 million.
Kathleen G. Williams, Maxwell L. Billek and Gina V. Brignola
Anne Dalena (Of Counsel-Madison, NJ) and Maxwell Billek (Partner-Madison, NJ) represented a prominent New Jersey employment law firm that defended the plaintiff in an employment discrimination case against a shipping and supply chain management company. Plaintiff alleged that his former lawyer failed him in several respects, including failing to be fully familiar with the record and failing to file a proper opposition to the summary judgement motion filed by his employer. After the deposition of the plaintiff's legal malpractice expert, Anne and Max moved for summary judgment on the basis that the expert could not state within a reasonable degree of certainty how the result would have been any different if the attorney had been more familiar with the record or had written a better opposition to the summary judgment motion. Accordingly, the trial judge barred the expert from testifying under the "net opinion" rule, and granted summary judgment for our client lawyer. The Appellate Division affirmed.
Anne M. Dalena and Maxwell L. Billek