- Negrete v. Citibank, N.A., No. 17-2783-cv, 2019 WL 80773 (2d Cir. Jan. 3, 2019) (affirmed dismissal of complaint for fraud, breach of contract, and negligence against Citibank by FX traders concerning allegations of undisclosed markups on FX limit orders and purportedly erroneous margin calls).
- SPV Osus Ltd. v. UniCredit Bank Austria, 18-cv-3497(AJN) 2019 WL 1438163 (S.D.N.Y. Mar. 30, 2019) (achieved dismissal of all claims against off-shore entities in connection with the Madoff fraud).
- Dennis v. JPMorgan Chase Co., 343 F. Supp. 3d 122 (S.D.N.Y. 2018) (representing global bank in antitrust class action concerning alleged manipulation of an Australian benchmark)
- Mill Financial, LLC v. Gillett, No. 652055/2010, 2016 WL 3688467 (Sup. Ct. N.Y. Cty. July 11, 2016), modified, 149 A.D.3d 643 (1st Dep’t 2017) (successfully represented the Royal Bank of Scotland in claims arising out of the sale of the Liverpool Football Club).
- In re Interest Rate Swaps Antitrust Litig., 261 F. Supp. 3d 430 (S.D.N.Y. 2017) (representing leading international financial institution in antitrust class action and related cases concerning interest rate swaps).
- Represented a global private equity firm and its foreign portfolio company in a cross-border dispute in federal court defending breach of contract and tortious interference claims brought in connection with the potential acquisition of a domestic target company in distress.
- Highland CDO Opportunity Master Fund, L.P. v. Citibank, N.A., 12-cv-2827(NRB), 2017 WL 3973848 (S.D.N.Y. Sept. 1, 2017) (obtained summary judgment dismissing substantially all claims based on the sale of collateral loan obligations).
- Elmrock Opportunity Master Fund I, L.P. v. Citicorp N.A., Inc., 155 A.D.3d 411 (1st Dep’t 2017) (affirming dismissal of fraud and breach of fiduciary duty claims brought by purchasers of an option in the residual value of a nuclear power facility).
- In re Tribune Company Fraudulent Conveyance Litig., 818 F.3d 98 (2d Cir. 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., 634 F. App’x 4 (2d Cir. 2015) (affirming 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) (affirming 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., 32 Misc. 607, 926 N.Y.S.2d 826 (Sup. Ct. N.Y. Cty. 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 (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) (affirming dismissal of securities class action brought against all defendants, including the client, the former CFO of MF Global).*
- Purchase Partners v. Westreich, 50 A.D.3d 499 (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, the CPLR, and is a C&L Counsel member of the Securities Industry Financial Markets Association. He serves on the Executive Committee of the Anti-Defamation League, Lawyers Division. He is a member of the Board of Directors of Judges and Lawyers Breast Cancer Alert and he has served on 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.