Glenn Agre Bergman & Fuentes LLP secured a significant appellate victory on behalf of its client, Edward Roberts LLC (ERL) in its legal malpractice action against a law firm. On July 9, 2026, the Appellate Division, First Department unanimously ruled in our client’s favor, denying defendant’s motion for summary judgment in its entirety and restoring ERL’s lost profits damages theory. The ruling significantly increases the value of ERL’s claims, which seek to recover over a hundred million dollars in losses.

ERL retained the law firm defendant in September 2020 to advise on regulatory compliance issues arising from the sale of disinfecting products during the COVID-19 pandemic. ERL alleges that the law firm’s advice proved negligent, leading to an EPA embargo of ERL’s inventory, the cancellation of major purchase orders, and the loss of approximately $40 million in unsaleable inventory. ERL has been seeking accountability for those losses since 2021.

The First Department’s decision clears the path for ERL to present its full case at trial.

The Glenn Agre team representing ERL is led by partner Olga Fuentes, with partner Trevor Welch spearheading the appellate briefing. Nathan Ades is the lead associate on the matter and was instrumental in developing the trial court record and briefing. Associates Colleen Piasentin and Peter Charnell rounded out the successful team.