Eric Fishman

Represented consortium of stock and option exchanges in dispute with vendor arising out of delays and defects in the build of an enterprise-wide technology system and termination of the parties’ agreement. Resolved by confidential arbitration award.  

Represented OEM against supplier refusing to deliver critical structures with billions of dollars at stake. Secured injunction ordering supplier to continue making deliveries.

Successfully prosecuted $200 million delay and disruption claim brought on behalf of manufacturer of high-speed trains against Amtrak.

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.

Represented Bombardier in protesting decision to disqualify contractor from bidding on rail procurement. Rail authority canceled the procurement in favor of a new RFP.

Defended Wells Fargo as indenture trustee for $850 million of debt securities in litigation brought by Jean Coutu Group, Canada’s largest drug store chain, testing whether proposed sale of U.S. operations was “all or substantially all” of borrower’s assets under indentures. Defeated Jean Coutu’s summary judgment motion, leading to favorable settlement for bondholders.

Represented Bombardier Transportation in precedent-setting False Claims Act matter establishing that qui tam relators had to demonstrate that alleged claims were “presented” to the federal government. Dismissal affirmed on appeal.

Represented American Media in defending against conversion claims of photographers seeking damages for photographs destroyed in anthrax attack. Obtained summary judgment.

Defending two banks against “claw back” claims brought by Madoff trustee seeking tens of millions of dollars in redemption payments.

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.

“Drafting a Better Severability Clause,” Corporate Counsel, October 1. 2013. Co-author.

“Arbitration Clauses That Avoid Arbitrability Disputes,” Corporate Counsel, August 21, 2013. Co-author.

“Drafting a Better ‘Best Efforts’ Clause,” Corporate Counsel, July 23, 2013. Co-author.

“Four Tips for a Better Liquidated Damages Clause,” Corporate Counsel, June 25, 2013. Co-author.

“Protect Expectations with an Adequate Assurances Provision,” Corporate Counsel, May 24, 2013. Co-author.

“Drafting a Better Choice-of-Law Clause,” Corporate Counsel, April 19, 2013. Co-author.

“Just Sign Here: Every Contract Is a Litigation Waiting to Happen,” Corporate Counsel, September 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, August 18, 2008.

“When Arbitration Makes Matters Worse—Modifying and Streamlining Litigation Procedures Can Be a Smarter Option in Dispute Resolution,” Legal Times, October 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. 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. Co-author.

“Tax Consequences of Contract Breach: Proposed Relief for the Forced Realization of Income,” Virginia Tax Review (reprinted in The Monthly Digest of Tax Articles).

The Legal 500 U.S., Tax-Contentious (2016)

Recipient of the Outstanding Pro Bono Service Award from the Legal Aid Society.