Eric Fishman is a Litigation partner in the New York office. He maintains a diverse commercial litigation and arbitration practice, with a concentration in three practice areas: (i) representing aircraft and rolling stock manufacturers, as well as airlines and aircraft lessors, in disputes arising out of the design, build and sale of transportation assets and equipment; (ii) representing financial institutions and companies in disputes arising out of acquisitions and investments, as well as products to hedge against investment risk; and (iii) representing companies in disputes arising out of alleged unfair business practices.
Mr. Fishman has written and lectured widely on the complex contract and business issues underlying these types of disputes:
- In 2014, Mr. Fishman received the Burton Distinguished Legal Writing Award for various articles he authored concerning how to draft contracts to minimize litigation risk (the Burton Foundation is run in association with the Library of Congress).
- Mr. Fishman has been engaged to testify as an expert witness on New York contract law and UCC Article 2 principles in disputes venued in Canada and the Philippines.
- Mr. Fishman serves as Co-Editor of the forthcoming chapter “Excuse Doctrines,” in Commercial Contracts, 2d Edition (2014).
- In 2013, Mr. Fishman served as a columnist examining contract issues for Corporate Counsel magazine.
Mr. Fishman has also taught appellate advocacy at the University of Connecticut School and is a recipient of the Outstanding Pro Bono Service Award from the Legal Aid Society. He is a member of the Arbitration Committee of the International Institute for Conflict Prevention and Resolution (CPR), and serves on the Steering Committee for the English-American Litigation Forum. He has lectured on litigation, arbitration and contract issues at the Practicing Law Institute, the New York City Bar Association and numerous other venues.
United States Court of Appeals for the District of Columbia, the Second Circuit, and the Fifth Circuit; the Southern and Eastern District Courts of New York, the Federal District Court of Connecticut, and the Federal District Court for the District of Columbia.
- "Drafting a Better Severability Clause", Corporate Counsel, Authors: Eric Fishman, Robert A. James, 10/1/2013
- "Arbitration Clauses That Avoid Arbitrability Disputes", Corporate Counsel, Author: Eric Fishman, 8/21/2013
- "Drafting A Better 'Best Efforts' Clause", Corporate Counsel, Authors: Eric Fishman, Aubrey D. Charette, 7/23/2013
- "4 Tips for a Better Liquidated Damages Clause", Corporate Counsel, Authors: Eric Fishman, Anne C. Lefever, 6/25/2013
- "Protect Expectations with an Adequate Assurances Provision", Corporate Counsel, Authors: Eric Fishman, Sara E. Stinson, 5/24/2013
- "Drafting a Better Choice-of-Law Clause", Corporate Counsel, Authors: Eric Fishman, Amanda H. Freyre, 4/19/2013
- Just Sign Here: Every Contract Is a Litigation Waiting to Happen, Corporate Counsel, Author: Eric Fishman, 9/27/2010
- “The Overlooked Arbitration Clause: How to Draft Them So They Work,” Bloomberg Corporate Law Journal, Fall 2008
- “Lenders Back Out? Here's What To Expect,” Buyouts, 8/18/2008
- When Arbitration Makes Matters Worse - Modifying and Streamlining Litigation Procedures can be a Smarter Option in Dispute Resolution, Legal Times, 10/23/2006
- "An Argument for the Recognition of Insolvency-Based Claims Under the Bankruptcy Code," Journal of Bankruptcy Law & Practice
- "Comments on Proposed Amended Rules 47 and 48," Pretrial Practice and Discovery Newsletter (with co-author)
- "Rule 26: A Review of the Practitioner's Experience," Pretrial Practice and Discovery Newsletter
- "Designating A Conservator: Whose Interests Are Served by a Best Interests Analysis?" Connecticut Bar Journal (with co-author)
- "Tax Consequences of Contract Breach: Proposed Relief for the Forced Realization of Income," Virginia Tax Review and reprinted in The Monthly Digest of Tax Articles
Projects Editor, Virginia Tax Review
magna cum laude, with distinction in Philosophy