Robert S. Fischler
Bob heads the firm’s litigation department and also maintains an active trial and appellate practice focused on complex commercial litigation. He has been recognized as a leading practitioner by several publications, including Chambers USA and Benchmark Litigation. Bob is a frequent lecturer and author on litigation topics, an active member of bar and civic organizations, and is a long-serving member of the board of directors of MFY Legal Services, Inc.
- Lead counsel to private equity firm and related parties in multiple litigations related to large recapitalization transaction; won dismissal of numerous claims in federal, state, and bankruptcy courts and was successful lead counsel on Second Circuit and First Department appeals. Cortlandt Street Recovery Corp. v. Hellas Telecommunications, 790 F.3d 411 (2d Cir. 2015); 142 A.D.3d 833 (1st Dep't 2016).
- 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.
- 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 New York real estate developer in multiple litigations in New York Supreme Court and New York Surrogate’s Court involving real estate partnership interests and contested estate matters.
- Lead counsel to plaintiffs in LPL Holdings, Inc. v. Pacific Life Insurance Company, 2011 WL 11074146 (N.Y. Sup. Ct. 2011), in which the court granted summary judgment in favor of plaintiffs on contractual indemnity claims.
- Lead counsel to European asset managers in Madoff-related clawback litigation pending in U.S. bankruptcy court.
- 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.
- Harvey J. Wolkoff and Robert S. Fischler, “Third-Party Practice,” Business & Commercial Litigation in Federal Courts, Fourth Edition (March 2017)
- “Preliminary Injunctions and Temporary Restraining Orders,” PLI Litigation Practice Series, Pretrial Practice (2012)
- Robert S. Fischler, Joan Lukey and Harvey J. Wolkoff, “Third Party Practice,” Business and Commercial Litigation in Federal Courts, 3rd Edition (West Group 2011)