With decades of practice under his belt, Lewis S. Fischbein (Lew) is a vastly experience commercial litigator well versed in prosecuting and defending actions involving complex business, RICO, corporate, contract, securities fraud, shareholder rights, employment, entertainment, intellectual property, and real estate disputes.
Lew conducts all phases of litigation from initial investigation to final resolution, including case strategy, pleadings, motion practice, briefing, preparation of witnesses, depositions, electronic and paper discovery, jury selection, direct and cross examination of witnesses in court and arbitration hearings, post-trial and post-hearing submissions, and appeals.
Credentials
Experience
Lew has represented the winning side in over 25 reported decisions in state and federal courts, at both the trial and appellate levels. His cases have involved up to $480 million in dispute, and his significant settlements have been upwards of $31 million. He has handled or participated in a number of arbitrations before FINRA, JAMS and the AAA, and has handled a number of mediations before JAMS and court-appointed mediators.
Lew was a partner for more than 10 years in the prominent New York boutique litigation firm Coblence & Warner (now Warner Partners), whose clients included the Andy Warhol Estate, the New York Yankees, Yves St. Laurent, Patricia Duff, Princess Yasmin Aga Khan, Bill Fugazy, Joseph Jett, and diet Dr. Stuart Berger.
Lew was a key member of the Coblence & Warner defense team that secured (i) the dismissal of claims by venerable Wall Street securities firm Kidder, Peabody & Co. against Joseph Jett in an arbitration in which Kidder sought $83 million in damages for Mr. Jett’s government bond trading activities at the firm, and (ii) the return of $5.7 million which Kidder had frozen in his cash management account. At the time, the Jett – Kidder bond trading episode was the biggest Wall Street scandal ever, and Kidder subsequently ceased to exist as a result.
Lew received his J.D. from New York University School of Law and his B.A. from Columbia University, where he was an English major, Bodman Scholar and on the Dean’s List at Columbia College.
Representative Cases
Critical member of defense team for Joseph Jett in arbitration with Kidder Peabody which sought $83 million in damages for Jett’s bond trading activities. Obtained dismissal of Kidder’s claims and return of Jett’s $5.7 million bonus frozen by Kidder. Jett v. Kidder, Peabody, NASD Case No. 94-01696
For music publishing companies, obtained affirmance of $5 million post-trial judgment against record company and chief executive for fraud and breach of contract in concealing royalty payments due under licensing agreements. Licette Music Corp. v. A.A. Records, 196 A.D.2d 467 (Appellate Division – 1st Department)
For producer of film “The Thin Red Line,” defeated motion to remand $1.5 million fraud and breach of fiduciary duty action in view of plaintiff’s fraudulent joinder of lead defendant under principles of collateral estoppel. Briarpatch Ltd. v. Geisler Roberdeau, Inc., 2000 WL 235284 (S.D.N.Y. March 1, 2000), aff’d in relevant part on other grounds, 373 F.3d 296 (2d Circuit Court of Appeals)
For Andy Warhol estate, obtained affirmance of dismissal of tort and contract claims arising out of licensing and sublicensing agreements. Artwear, Inc. v. Hughes, 202 A.D.2d 76 (Appellate Division – 1st Department)
For Mexican partnership, obtained affirmance of post-trial decision declaring partnership owner of stock of New York corporation where issue of consideration hotly disputed. Stock ownership resulted in standing to bring derivative action. RTA v. Rivero, 184 A.D.2d 397 (Appellate Division – 1st Department)
For purchaser of jet aircraft engine, obtained affirmance of summary judgment dismissing claims of chattel mortgagee against subsequent purchasers. ATASCO v. Braniff, 819 F.2d 1227 (2d Circuit Court of Appeals)
For seller, obtained partial summary judgment on liability against co-seller in contract dispute arising from $170 million sale of stock. Prospect Group v. Kirby, 1992 WL 400732 (S.D.N.Y.)
For bank, defeated motion to dismiss RICO action against officers of another bank, borrowers and principals for fraud in securing $2.7 million excess financing. First City National Bank v. FDIC, 730 F. Supp. 501 (E.D.N.Y.)
For leasing company officers, successfully moved to dismiss fraud and RICO claims. Daily Variety v. Term Leasing, 1989 WL 580295 (S.D.N.Y.)
For leasing companies and principal, successfully moved to dismiss $1.1 million RICO claim as time-barred. Henkind v. Brauser, 1989 WL 54109 (S.D.N.Y.)
For real estate developer and affiliates, successfully opposed motion to dismiss $160 million RICO action brought against former partner, his company, former employees, and others. Frydman v. Verschleiser, 172 F. Supp. 3d 653 (S.D.N.Y.)
Key member of claimants’ legal team obtaining $1.7 million award for hedge fund limited partner in CPR arbitration against fund founder, a former major Wall Street executive
For real estate developer, successfully defended arbitration brought by former partner seeking 50% of a $2 million financing fee received by developer and other damages. EVUNP Holdings LLC v. Frydman, JAMS Arbitration Ref No. 1425011881
For late Dr. Stuart Berger, obtained Court of Appeals ruling mandating confidentiality in physician disciplinary proceedings. Doe v. Office of Professional Medical Conduct, 81 N.Y.2d 1050
For real estate developer, obtained reversal of judgment, vacatur of sanctions award and remand for hearing as to amount of attorney’s fees to be awarded. EVUNP Holdings LLC v Frydman, 154 A.D.3d 558 (Appellate Division – 1st Department)
For Tunisian company, obtained affirmance of $476,000 judgment entered after inquest on damages notwithstanding individual defendant challenging service of process and damage claims. Cotag S.A.R.L. v. Khalifa, 124 A.D.3d 465 (Appellate Division – 1st Department)
For software developer, obtained affirmance of summary judgment that Citibank subsidiary did not have exclusive time-sharing rights under software development agreement and was obligated to deliver latest version of software. CrossMar, Inc. v. PortfolioScope, Inc., 307 A.D.2d 843 (Appellate Division – 1st Department.)
For Jett, obtained affirmance of dismissal of derivative action seeking to impose personal liability upon him and officers and directors of GE based upon Jett’s alleged phantom trading at GE subsidiary Kidder. Teachers’ Retirement System of Louisiana v. Welch, 244 A.D. 2d 231 (Appellate Division – 1st Department)
For Jett, compelled production of outside counsel witness interview notes prepared during Kidder internal investigation of Jett’s trading activities, notwithstanding extensive privilege claims. In re Kidder Peabody Securities Litigation, 168 F.R.D. 459 (S.D.N.Y.)
For broker, defeated summary judgment on $6 million claim against insurer on export credit policies. Trend Export Funding Corp. v. Foreign Credit Ins. Ass’n., 670 F. Supp. 480 (S.D.N.Y.)
For auto and equipment lessor, defeated motion to dismiss RICO action against consortium of international banks. Nordic Bank v. Trend Group, 619 F. Supp. 542 (S.D.N.Y.)
For manufacturer, obtained relief from stipulation of settlement. Hyman Embroidery Works v. Action House, 89 A.D.2d 515, 452 N.Y.S.2d 61 (Appellate Division – 1st Department)
Significant Settlements
$31 million settlement as key member of Winslett Studnicky team representing group of venture capital firms in international arbitration and related foreign court action. Matter arose out of foreign public company’s purchase of domestic company controlled by VCs. Settlement reached during arbitration hearing. Settlement payment to VCs resolved parties’ dueling fraudulent inducement and breach of warranty claims for which public company sought $75 million and VCs $40 million.
$2.2 million settlement of lawsuit by lender against guarantor in dispute over whether funds invested in or lent towards purchase of real property. Settled for more than 100% of principal amount sought.
$1.6 million settlement of bonus, SOX and NYS Labor Law claims asserted by fixed income division managing director of bulge bracket investment bank in draft statement of claim prepared against bank. Settled after a month of negotiations following bank’s initial offer of $50,000.
$940,000 settlement of bonus and sex discrimination claims asserted by flow credit sales department managing director of bulge bracket investment bank in draft statement of claim prepared against bank.
$700,000 settlement of lawsuits for breach of contract and declaratory judgment against major New York bank arising out of client’s software development agreement. Settled in Commercial Division Trial Part following bank’s initial offer of $200,000 after several years of heated litigation.
$675,000 settlement of bonus, wrongful termination, SOX and NYS Labor Law claims asserted by proprietary trader in statistical arbitrage group of bulge bracket investment bank. Settled after two months of negotiations following bank’s initial offer of $175,000.
$400,000 settlement of fraud and negligent misrepresentation claims asserted by former professor in draft complaint prepared against New York proprietary college. Settled in JAMS mediation following proprietary college’s initial offer of $25,000.
$400,000 settlement of bonus claims asserted by engineering firm principals in draft statement of claim prepared against major engineering firm. Settled in mediation following firm’s initial offer of $25,000.
$220,000 settlement of race discrimination claim asserted by employee of bulge bracket investment bank. Settled in JAMS mediation following bank’s initial offer of $75,000.
Achieved minimal $27,500 settlement of $900,000 lawsuit for breach of contract, breach of fiduciary duty and fraud against client stemming from sale of minority stock interest in on-line cruise booking company. Settled in Commercial Division mediation after year of difficult litigation.
