Bob Fischler heads the firm’s litigation department and also maintains an active practice focused on complex litigation for a wide
range of clients. Bob has litigated numerous cases involving the securities laws and corporate governance issues, most
recently winning a Second Circuit appeal that affirmed the dismissal of shareholder claims brought under the Securities
Act of 1933. Bob also regularly litigates large transactional, contract, and partnership disputes, and he has tried numerous
high-stakes cases before courts and arbitrators throughout the country. Bob has served as lead counsel on several
appeals in state and federal court. He is a frequent lecturer on litigation topics and is an active member of bar and civic
organizations.
Representative Clients and Matters
- Lead counsel to defendants in Hutchison v. CBRE Realty Finance, Inc., et al., 647 F.3d 479 (2d Cir. 2011), in which the Second Circuit affirmed the dismissal of a putative class action alleging violations of the Securities Act of 1933 in connection with an IPO registration statement.
- Lead counsel to defendant National City Bank in Johnson v. U.S. Bank N.A., et al., No. 11-3310 (S.D. Ohio 2011), in which the court dismissed a putative class action alleging a conspiracy to violate RICO statute. Affirmed on appeal.
- Lead counsel to defendants in Section 10b-5 litigation alleging misrepresentations in connection with the sale of a joint venture interest.
- Lead counsel to New York real estate developer in litigations involving real estate partnership interests.
- Lead counsel to plaintiffs in LPL Holdings, Inc. v. Pacific Life Insurance Company, No. 603652/09, (N.Y. Sup. Ct. March 3, 2011), in which the court granted summary judgment in favor of plaintiffs on contractual indemnity claims arising from the purchase of broker-dealer entities (on appeal).
- Lead counsel to European banks in Madoff-related “clawback” litigation pending in U.S. bankruptcy court.
- Lead counsel to private equity firm and affiliates in multiple lawsuits challenging a dividend recapitalization on fraudulent conveyance grounds.
- Lead trial counsel to hedge fund group in bankruptcy court trial of objections to debtor’s proposed plan of reorganization. In re Granite Broadcasting Corp., 369 B.R. 120 (Bankr. S.D.N.Y. 2007).
- Lead counsel to plaintiff in Flight Options International, Inc. v. Flight Options, LLC, 2005 Del. Ch. LEXIS 149, in which the court enjoined the consummation of a financing transaction.
- Lead counsel to North Shore-Long Island Jewish Health System in successful defense of putative class actions involving the pricing of services rendered to uninsured patients.
Professional & Civic Activities
Board of Directors, MFY Legal Services, Inc.
Panel Member, Practising Law Institute, Pretrial Practice Program, 2010-2013
Panel Member, New York County Lawyers’ Ass’n Program: Successful Strategies for Winning Cases in New York State Courts, 2013
Faculty Member, Practising Law Institute, Trial Advocacy