- Negrete v. Citibank N.A., No. 15-cv-7250, 2016 U.S. Dist. LEXIS 66342 (S.D.N.Y. May 19, 2016) (granting motion to dismiss the complaint based on fraud, contract and negligence claims advanced against Citibank by FX traders concerning allegations of undisclosed markups on FX limit orders and purportedly erroneous margin calls).*
- In re Tribune Company Fraudulent Conveyance Litigation,___ F.3d___, 2016 WL 1226871 (2d Cir. Mar. 29, 2016) (representing SIFMA and ISDA as amicus curiae in arguing that Section 546(e) of the Bankruptcy Code preempts state law fraudulent conveyance claims).*
- R.W. Grand Lodge of Free & Accepted Masons of Pa. v. Meridian Capital Partners Inc., No. 15–1064–CV, 2015 WL 8731547 (2nd Cir. Dec. 15, 2015) (achieved dismissal of securities fraud, Pennsylvania Blue Sky and other common law claims concerning the Madoff Ponzi Scheme).*
- Valentini v. Citicorp Fin. Servs. Corp, 589 F. App’x 1 (2nd Cir. 2014) (Second Circuit affirmed dismissal of securities and common law fraud suit brought by purchasers of structured notes).*
- Hindsight Solutions LLC v. Citigroup, Inc., 53 F. Supp. 3d. 747 (S.D.N.Y. 2014) (achieved dismissal after trial of all claims based on fraud, breach of contract and quasi contract which sought over $100 million in damages in connection with a software consultancy agreement).*
- New Jersey Carpenters Annuity Fund v. Meridian Diversified Fund Mgmt. LLC, No. 10-cv-5738 (TPG), 2014 WL 1257279 (S.D.N.Y. Mar. 26, 2014) (achieved dismissal of shareholder derivative complaint alleging breaches of ERISA and common law fiduciary duties concerning the Madoff Ponzi scheme).*
- Floyd v. Liechtung, No. 1:10-cv-04254 (PAC), 2013 WL 1195114 (S.D.N.Y. Mar. 25, 2013) (representation of Royal Alliance in securities fraud action, securing dismissal of all claims).*
- Lance Int’l Inc. v. First Nat’l City Bank, 86 A.D.3d 479 (1st Dep’t 2011) (obtained a victory on behalf of Citigroup in the New York Supreme Court, Appellate Division, bringing to a close decades of litigation involving a complex cross-border commercial transaction).*
- Bear Stearns & Co.v. Int'l Capital & Mgmt. Co., 32 Misc. 607, 926 N.Y.S.2d 826 (Sup. Ct. New York County 2011), aff’d, 99 A.D.3d 402 (2012) (obtained judgment dismissing all claims arising out of the collapse of hedge funds).*
- Havell Capital Enhanced Mun. Income Fund, L.P. v. Citibank N.A., 84 A.D.3d 588, 923 N.Y.S.2d 479 (1st Dep't 2011)(dismissal of all claims arising out of transactions involving the sale of bonds under an ISDA).*
- Rubin v. MF Global, Ltd., 634 F. Supp. 2d 459 (S.D.N.Y. 2009), aff’d in part, vacated in part sub nom.Iowa Pub. Emps. Ret. Sys. v. MF Global, Ltd. 620 F.3d 137 (2d Cir. 2010) (dismissal of securities class action brought against all defendants, including the client, the former CFO of MF Global).*
- Purchase Partners v. Westreich, 856 N.Y.S.2d 572 (1st Dep’t 2008) (affirmed summary judgment in breach of contract action arising out of real estate partnership dispute).*
- Stanton v. SGC Partners, Nos. 05–4014, 06–4283, 2008 WL 957663 (Bankr. W.D. Mo. Apr. 8, 2008) (summary judgment granted dismissing the complaint brought by Trustee for breach of fiduciary duty against Société Générale, Cowen & Co. and board members arising out of private equity investment).*
- Hutton v. Deutsche Bank, 541 F. Supp. 2d 1166 (D. Kan. Mar. 24, 2008) (dismissal of RICO complaint against Société Générale arising out of purchase of tax shelter derivative products).*
- Phillips v. Am. Int’l Grp. & First Sun Am. Life Insur. Co., 498 F. Supp. 2d 690 (S.D.N.Y. 2007) (obtained dismissal of class action for fraud and breach of fiduciary duty based on the sale of bonus annuity contracts).*
*Denotes experience prior to joining Goodwin.
Mr. Fishman is a member of the Federal Bar Council and the New York State Bar Association, Committees on Complex Civil Litigation, Securities Arbitration and Litigation and CPLR, and is a C&L Counsel member, Securities Industry Financial Markets Association. He also serves on the Executive Committee of the Anti-Defamation League, Lawyers Division, and is a member of the Board of Directors of Global Kids, Inc.
Mr. Fishman is a frequent lecturer and author on business and commercial litigation and securities issues, and has served as a mediator appointed by the U.S. District Court for the Southern District of New York.