Marshall Fishman is the Practice Head of Goodwin's New York Commercial and Financial Litigation Group. For more than 30 years, global financial institutions have turned to Mr. Fishman for their complex multijurisdictional securities and commercial litigation matters. He has successfully tried numerous cases in courts and in arbitrations throughout the country and regularly represents the world’s largest financial institutions in class actions and in cases involving derivatives and structured products. Mr. Fishman also is a leading appellate advocate in federal and state courts.

Mr. Fishman successfully handled numerous cases arising out of the financial crisis including cases involving collateralized debt obligations, subprime mortgages and structured notes. He also successfully represented a hedge fund of funds in class actions arising out of the Madoff fraud.

Mr. Fishman currently represents several institutions in class actions involving the alleged manipulation of the markets for interest rate swaps, credit default swaps and Treasuries.

Mr. Fishman is the author of the chapter on “Cross-Border Litigation” in the recently published 4th Edition of Business and Commercial Litigation in Federal Courts (2016). He also is the author of the chapter on “Derivatives” Commercial Litigation in New York State Courts, 4th Edition (2017).

Areas of Practice
TÄTIGKEITSFELDER
业务范围

Experience

ERFAHRUNG

工作经历

  • 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 actions concerning interest rate swaps).
  • 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).
  • Negrete v. Citibank N.A., 187 F. Supp. 3d 454 (S.D.N.Y. 2016) and 237 F. Supp. 3d 112 (S.D.N.Y. 2017) (achieving dismissal of fraud, contract and negligence claims against Citibank by FX traders concerning allegations of undisclosed markups on FX limit orders and purportedly erroneous margin calls).
  • 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. Intl 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.

Professional Activities

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 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.

Professional Experience

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. 

Recognition

Mr. Fishman has been selected by Chambers USA as one of the leading securities litigators in the United States, noting previously that “his expertise and business judgment are particularly impressive,” and that “clients consider him to be ‘a great litigation strategist, an unparalleled oral advocate and a devastating cross examiner at trial.’” The Legal 500 2016 noted that Mr. Fishman is a “‘very skilled and successful litigator’ … ‘extremely prepared and very focused.’” Mr. Fishman is also recognized in Best Lawyers in America (Commercial and Securities Litigation), Whos Who in American Law and Benchmark Litigation as a litigation star.

In The News

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在新闻中

Credentials

WERDEGANG

专业资格

Education

J.D.
Georgetown University Law Center
B.A.
Syracuse University
(magna cum laudePhi Beta Kappa)

Admissions

Bar

New York

Courts

U.S. Supreme Court
U.S. Court of Appeals for the Second Circuit
U.S. District Court for the Southern District of New York
U.S. District Court for the Eastern District of New York
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