Hon. Helen E. Freedman (Ret.) joined JAMS in 2014 after serving thirty-six years on the New York State bench. She was an Associate Justice of the Appellate Division, First Department for six years and served for over eight years as a Justice in the Commercial Division. Justice Freedman was the Presiding Justice of the Litigation Coordinating Panel for Multidistrict Litigation (MDLs) in New York State from 2002 to 2014.

Since joining JAMS she has conducted multiple mediations, arbitrations, and neutral evaluation matters varying in type and complexity. Widely renowned for her intellect and persistence in managing large and complex matters, Justice Freedman is well respected by both the bench and bar. She brings a distinct understanding and perspective to dispute resolution given her impressive tenure presiding over both commercial and appellate matters while on the bench. She has developed the same reputation at JAMS, helping many parties find resolution despite intricate and contentious matters. Justice Freedman is regarded as knowledgeable, fair and well prepared.

As a result of both her impressive experience at JAMS and her distinguished career on the bench, she is highly sought after for her skills as a mediator, arbitrator, special master and neutral evaluator. She has also handled several arbitration appeals. Justice Freedman believes strongly in providing pro bono services to parties and increasing the use of alternative dispute resolution.

ADR Experience and Qualifications

• Speaks on continuing legal education programs for attorneys on a variety of topics including neutral analysis, appellate practice, as well as mediation and arbitration advocacy
• Lectured and has written extensively on the use of ADR in mass torts and public interest litigation
• Volunteer mediator at the Appellate Division First Department, Commercial Division of New York Supreme Court and the United States District Court for the Southern District of New York

Representative Matters

• Appellate
• Served on multiple tripartite JAMS arbitration appeal panels involving individual decisions in mass consumer filing cases; served as panel chair in several
• Chaired arbitration appeal panel in case involving claims of breach of fiduciary duty to minority shareholder
• Served as a neutral evaluator in mock appellate hearings involving commercial lease, business investment dispute, challenge to city ordinance, insurance claim over mortgage-backed securities, and family business dispute
• Pappas v. Tzolis, 87 A.D.3d 889 (1st Dept 2011), rev’d 20 NY3d (2012). Case involved a negotiated release incidental to purchase of interest from joint venture investors in property by one investor which was binding, notwithstanding significant appreciation in value of property. Release specifically disclaimed any possible fiduciary relationship. Justice Freedman authored a dissent as an Appellate Division Judge in this matter which was adopted by the Court of Appeals
• J.F.K. Holding Col LLC v. City of New York and the Salvation Army, 98 A.D.3d 273 (1st Dept 2012), rev’d 21 NY3d 722 (2013). Case involved interpretation of obligations of parties set forth in lease agreement between JFK Holding and City and services agreement between City and Salvation Army. Justice Freedman authored a dissent as an Appellate Division Judge in this matter which was adopted by the Court of Appeals
• Business & Commercial
• Served as a neutral evaluator in a mock hearing for claims arising out of an alleged breach of a loan agreement 
• Served as a neutral evaluator in a mock hearing to analyze contract provisions and develop the best approach in a commercial securities dispute
• Served as a neutral evaluator on a matter regarding the alleged breach of a promised interest in a family business 
• Served as a member of tripartite arbitration panels in large commercial/bankruptcy matters
• Served as a sole arbitrator and member of a tripartite arbitration panel in various commercial disputes related to business dissolution or “business divorce” cases
• Mediated the alleged breach of a restrictive covenant/non-compete provision within an employment agreement 
• Mediated the dissolution of a professional partnership involving a stockholder employment agreement
• Arbitrated and served as panelist in commercial solar energy cases
• Mediated numerous commercial breaches of contract matters involving insurance, energy, real estate, and employment
• Arbitrated a matter in which a real estate broker allegedly falsified documents regarding an appraisal gap 
• Arbitrated many contract disputes between a credit card company and its clients regarding alleged breaches of cardmember agreement, as well as violations of the Fair Credit Reporting Act (FCPA) 
• Arbitrated many alleged breach of contract disputes including a breach of loan and lease agreement between owner and lessees
• Mediated multiple disputes among shareholders who were also lessees of a major urban shopping center in Queens Mediated unfair competition and trademark disputes
• Arbitrated multiple breach of contract disputes regarding alleged violations of unfair competition law against a crowdfunding platform 
• Served as a neutral evaluator on a dispute over the effect of governmental COVID-19 restrictions on the multi-million-dollar leases for a major retail brand’s flagship stores 
• Arbitrated an alleged violation of the Telephone Consumer Protection Act (TCPA) against a financial services company 
• Mediated a pre-litigation contract dispute regarding renewal rates for the software services provided to a major bank 
• Employment
• Arbitrated multiple employment disputes involving sexual and disability discrimination, age discrimination, criminal discrimination, and sexual harassment
• Mediated sexual and disability discrimination claims
• Arbitrated a consumer action involving a disability discrimination claim
• Arbitrated employment dispute involving dissociation of membership, shareholder oppression, and unjust enrichment 
• Mediated employment contract dispute between a clothing chain and its former CEO 
• Arbitrated employment disputes involving contract interpretation
• Insurance
• Served as a neutral evaluator in a mock oral hearing involving insurers’ potential liability for a billion-dollar settlement
• Served as a neutral evaluator in a mock hearing for an insurance coverage case involving the Child Victims Act and multiple allegations of sexual abuse against minors
• Served as a neutral evaluator in a mock trial involving insurance issues
• Served as Panel Chair/Umpire in a number of insurance disputes including huge major property damage claims arising out of major storms in New York, Texas, and Florida
• Mediated insurance dispute between a manufacturer and its insurers over asbestos liability claims
• Maritime & Admiralty Law
• Arbitrated several Jones Act maritime cases
• Personal Injury
• Mediated numerous personal injury claims involving New York Labor Law 240(1) and 241(6), premises liability and automobile accidents
• Mediated a claim involving the renovation of an apartment in which the homeowner tripped on a floor defect, causing her to spill boiling water on herself 
• Professional Liability
• Arbitrated a claim of bodily injuries and wrongful death against a hospital 
• Mediated a medical malpractice claim involving alleged failure to timely diagnose and treat the decedent 
• Mediated a fee dispute and legal malpractice counterclaim
• Served as a sole arbitrator and member of a tripartite arbitration panel in various legal fee disputes
• Product Liability
• Mediated product liability disputes involving a popular weight loss drug, a heart implant device, and an asbestos claim
• Real Estate & Real Property
• Arbitrated commercial and real estate disputes, including an inter-family real estate dispute
• Served as a neutral evaluator in a matter involving the constitutionality of three landlord/tenant laws passed in connection with the COVID-19 pandemic
• Arbitrated a dispute over the date to be used for an appraisal 
• Served as a neutral evaluator in a contract dispute involving the construction of a commercial condominium unit
• Significant trials presided over by Justice Freedman include the following:
• Galesi v. Galesi, Patina Oil & Gas Elysium Energy LLC et al.,12 Misc 3d 1186(A), 824 N.Y.S.2d 762 (Sup. Ct. NY County 2005), aff’d 37 AD3d 249 (1st Dept 2007). Case involved enforcement of an oral agreement to invest and participate in a venture utilizing assets purchased from bankruptcy estates of two oil and gas companies.
• A.G. Capital Funding Partners, LLP v. State Street Bank & Trust Co. et al., 5 N.Y.3d 582 (2005) and 11 NY3d 146 (2008). Case involved liability of indenture Trustee to collateral investors for failure to deliver ASIRS based on negligence and negligent misrepresentation as well as attorney malpractice against various parties. Appellate Division modified trial decisions dismissing claims twice and Court of Appeals reinstated those claims both times.
• In re New York City Asbestos Litigation, (NYCAL), Index No. 40,000 (1987-2008)
• Managed entire litigation involving resolution of tens of thousands of cases by trial or settlement. Two of many published decisions include: Established “two injury rule” in Fusaro v. Porter-Hayden Co, 145 Misc 2d 911, 548 NYS2d 856 (1989), aff’d 170 AD2d 239, 565 NYS2d 357 (1st Dept 1991) and required bankrupt defendants to appear on verdict sheet for purposes of Article 16 offsets in In re New York City Asbestos Litigation: Tancredi v. AC&S, et al., 194 Misc 2d 214, 750 NYS2d 469 (2002), aff’d 6 AD3d 352, 775 NYS2d 520 (1st Dept 2004).
• Case Management Order provided for extensive use of special masters for mediation and discovery.
• Designated as Judge in charge of all New York City asbestos personal injury cases from 1987-2008.
• BT Triple Crown Merger Co., Inc. v. Citigroup Global Markets Inc., et al., 19 Misc 3d 1129(A) (2008). Matter involving anticipatory breach of contract by funders of leveraged buyout of Clear Channel Communications, Inc. by private equity firms, Bain Capital Partners, LLC and Thomas H. Lee Partners.
• Loral Space Communications Holdings Corporation v. Rainbow DBS Holdings, Inc., et al., 48 AD3d 296, 852 NYS2d 77 (1st Dept 2008). Matter involving affirmance of jury verdict following trial where jury awarded lender damages of $52 million dollars pursuant to a “make whole” provision of the letter agreement that was triggered by the sale of defendant’s assets.
• Sports Channel Associates v. Sterling Mets, L.P., 8 Misc 3d 1027(A), 806 NYS2d 448 (2005) and 7 Misc 3d 1007(A), 801 NYS2d 242 (Sup. Ct. NY County 2005), aff’d 25 AD3d 314, 807 NYS2d 61 (1st Dept 2006). Matter involving licensing agreement for broadcast television rights of baseball games played by the New York Mets. $54 million payment pursuant to termination provision ended parties’ relationship and supported the right to immediately launch a Mets network.
• McCain et al. v. Koch, et al., 806 N.Y.S.2d 448 (Sup. Ct. N.Y. County 2005); McCain v. Giuliani, 226 AD3d 256, 653 NYS2d 556 (1st Dept 1997); McCain v. Dinkins, 84 NY2d 216, 616 NYS2d 335, aff’d 192 AD2d 217, 601 NYS2d 271 (1993); Lamboy v. Gross, 129 Misc 2d 564, 493 NYS2d 393 (Sup Ct. NY County 1985), aff’d 126 AD2d 265, 513 NYS2d 393 (1st Dept 1987).
• These are a few of many decisions rendered during Justice Freedman’s twenty-five years of managing homeless families with children litigation. To the extent that her decisions were appealed, all were affirmed. Justice Freedman made extensive use of mediation and of the services of Special Masters to resolve the many issues that arose during the course of these litigations.

Honors, Memberships, and Professional Activities

• Member, New York State Bar Association Task Force on the Homeless, 2024-2025
• Member, Mayor's Advisory Committee on the Judiciary, 2021-2022
• Completed Virtual ADR training conducted by the JAMS Institute, the training arm of JAMS
• Civil Practice Award, New York County’s Lawyer’s Association (NYCLA), 2015
• Louis J. Capozzoli Gavel Award, New York County Lawyer’s Association (NYCLA), 2005
• Civil Court Distinguished Service Award for Accomplishments Enhancing the Status of Women in the Judiciary, New York County Lawyer’s Association (NYCLA), 2004
• Smith College Medal, “Judicial Independence,” 2000
• American Bar Association’s Award of Judicial Excellence, State Trial Judges Conference, 1998
• Vice-Chair on the Pattern Jury Instructions Committee of the Association of Justices of the Supreme Court, New York
• Has lectured and written extensively on the use of ADR in mass torts and public interest litigation
• New York County Lawyer’s Association
• Board of Directors, 2013-2016, 2018-2021
• Chair, Judicial Section, 2009-2012
• Author, New York Objections and first 18 Revisions
• Board of Trustees, Historical Society of the Courts of the State of New York, 2016-2025
• Editor of Judicial Notice, semi-annual publication of the Historical Society, 2016-2025

Background and Education

• Associate Justice, New York State, Appellate Division First Department, 2008-2014
• Presiding Judge, Litigation Coordinating Panel for Multidistrict Litigation in New York State, 2002-2014
• Justice, Commercial Division of the New York County Supreme Court, 1999-2008
• Adjunct Professor, New York Law School, 1996-2007
• Associate Justice, New York Appellate Term Supreme Court, First Department, 1995-1999
• Justice, New York State Supreme Court, 1989-2008
• Acting Justice, New York State Supreme Court, 1984-1989
• Civil Court Judge, New York County, 1979-1984
• Supervising Attorney, District Council 37 Legal Services Plan, 1976-1978
• Senior Attorney, New York Department of Housing Preservation and Development, 1976
• Law Clerk to Hon. Seymour Schwartz, 1974-1975
• Litigation Attorney, 1967-1974
• J.D., New York University School of Law
• B.A., Smith College