Mr. Fishman is a partner in the law firm's Litigation practice and is located in the New York office. He represents both industrial companies and financial institutions in complex disputes arising out purchase and sale agreements, procurement contracts, leveraged leases, credit default swaps, reinsurance contracts, and partnership and LLC operating agreements. These cases also frequently involve fraud, fiduciary breach and equitable claims.
Mr. Fishman has served as an expert witness on New York contract law in disputes venued in Canada and the Philippines. He regularly lectures on drafting dispute clauses and arbitration issues. He has taught CLE courses at the New York City Bar Association, Goldman Sachs, Lehman Brothers, CA, American Express, among others. Mr. Fishman is the author of: "The Overlooked Arbitration Clause: How to Draft Them So They Work," Bloomberg Law Journal, Fall 2008; "When Arbitration Makes Matters Worse: Modifying and Streamlining Litigation Procedures can be a Smarter Option in Dispute Resolution," Legal Times, Vol. XXIX, No. 43, 23-Oct-2006; and is a member of the Arbitration Committee of the International Institute for Conflict Prevention and Resolution ("CPR").
Mr. Fishman is a columnist examining contract issues for Corporate Counsel magazine. He has taught appellate advocacy at the University of Connecticut School of law and is a recipient of the Outstanding Pro Bono Service Award from the Legal Aid Society.
Disputes Arising out of Goods Transactions:
Sky Capital, Ltd. v. Bombardier Inc., et al (Dallas County, Texas 2012): Represented Bombardier in $40 million contract breach and fraud dispute arising out of aircraft purchase agreement. After five week trial, jury found Bombardier to have no liability.
IOTC Air, LLC v. Bombardier Inc., et ano (S.D. FL 2012): Represented defendant in connection with breach of contract and fraud claims arising out of purchase and sale agreement. Secured judgment on the pleadings.
Tecnimed SRL v. Kidz-Med, Inc., et al., 763 F. Supp.2d 395 (2011): Represented plaintiff manufacturer of thermometer in dispute arising out of distribution agreement. Secured preliminary injunction against trade dress infringement by defendant distributor, enjoining defendant’s use of packaging on competing product and requiring defendant to recall product from over 1,000 stores.
On Time Aviation v. Bombardier Capital, Inc., 354 F. App’x 448 (2d Cir. 2009): Represented defendant in fraud and contract breach dispute arising out of aircraft purchase agreement. Secured summary judgment against all claims, as well as a $30,000 sanction against Plaintiff.
Disputes Arising out of Investment and Financial Transactions:
Karfunkel v. Sassower (NY Supreme Court 2012): Represented defendant, manager of a private equity fund, in connection with a claim that he fraudulently induced an investment in a chemical commodities trading business. Secured summary judgment dismissing claim in its entirety.
Picard, Trustee for the Liquidation of Bernard L. Madoff Investment Securities LLC v. Falcon Private Bank LTD (f/k/a/ AIG Private Bank AG) (SDNY Bankr. 2011-present): Representing defendant bank in connection with $40 million fraudulent transfer claim.
Aon Financial Prods., Inc. v. Societe Generale, 476 F.3d 90 (2d Cir. 2007): Represented defendant seller of protection under a credit default swap. Court held that credit event did not occur and that defendant thus had no payment obligations under CDS.
End of Lease Appraisal Proceeding (Confidential Arbitration): Represented owner-participant in dispute arising out of end-of-lease valuation of power plant. After a full appraisal proceeding, secured award valuing the plant at more than three times the lessee's proposed purchase price.
Other Contract Disputes:
Reinsurance Dispute (Confidential Arbitration 2011): Successfully prosecuted claims on behalf of reinsurer in multi-million dollar dispute with monoline insurance company concerning whether reinsurance covered certain losses under insured credit default swaps.
Mathieson v. American Media (S.D. FL 2006): Successfully represented defendant magazine publisher against contract breach, conversion and negligence claims asserted by plaintiff-photographer. Plaintiff claimed that publisher should have taken additional measures to protect his photographs from contamination in connection with an anthrax attack. The Court granted summary judgment against all claims
Bombardier Transit Corp. v. Southern California Regional Rail Authority (IFB No. EP 110-04). Successfully represented Bombardier in protesting decision to disqualify contractor from bidding on rail procurement. The rail authority canceled the procurement in favor of a new request for proposals.
Bombardier Corp. v. National Railroad Passenger Corp., 298 F. Supp.2d 1 (D.D.C. 2002), aff’d 333 F.3d 250 (D.C. Cir. 2003): Successfully prosecuted $200 million delay and disruption claim brought on behalf of manufacturer of high-speed trains.
United States Court of Appeals for the District of Columbia, the Southern and Eastern Federal District Courts of New York, the Federal District Court of Connecticut and the Federal District Court for the District of Columbia.
- “Just Sign Here: Every Contract Is a Litigation Waiting to Happen,” Corporate Counsel, 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
- “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