Marshall Fishman

Marshall Fishman is the practice head of Goodwin's New York Commercial and Financial Litigation group. He formerly served as a member of the firm’s Executive Committee. For more than 30 years, corporations and global financial institutions have turned to Marshall for their commercial and complex securities 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. Marshall also is a leading appellate advocate in federal and state courts.

Marshall 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.

Marshall has been selected by Chambers USA as one of the leading securities litigators in the United States, with the publication noting that clients value his “strong advocacy skills,” he is "great on his feet, argues really complex issues, and really gets to the heart of things," 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 Marshall is a “‘very skilled and successful litigator’ who is ‘extremely prepared and very focused.’” Marshall is also recognized in Best Lawyers in America (Commercial and Securities Litigation), Benchmark Litigation as a litigation star, Super Lawyers, and Who’s Who in American Law.

Marshall 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” in Commercial Litigation in New York State Courts, 4th Edition (2017).

• Successful representation of the independent directors of an S&P 500 company in connection with a derivative action arising out of allegations of insider trading
• Ramchandani v. Citibank Nat'l Ass'n, 19 Civ. 9124 (VM) (S.D.N.Y. Aug. 17, 2022) (complete dismissal on summary judgment of complaint alleging claims for malicious prosecution arising out of alleged manipulation of global foreign exchange market)
• Tera Group, Inc. et al v. Citigroup, Inc. et al, 17-cv-4302 (RJS) (S.D.N.Y. Aug. 14, 2023) (achieved dismissal of the complaint on behalf of BNP Paribas in a case alleging conspiracy to prevent a trading exchange from entering the credit default swaps market in violation of federal and state antitrust laws)
• United States of America et al. v. SMSF, LLC et al., No. 16-cv-11379-IT (D. Mass. Dec. 18, 2019) (achieving dismissal of False Claims Act and Anti-Kickback Statute allegations against Ashfield Healthcare arising out of medical educational services)
• 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)
• 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
• 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)
• 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)*
• 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)*
• 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.

Marshall has served as a mediator in the U.S. District Court for the Southern District of New York.

Marshall 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.

Marshall has been recognized by The Best Lawyers in America Best Lawyers for his work in Commercial Litigation and Litigation - Securities 2022-2023.

In addition to Chambers USA, Benchmark Litigation recognizes Marshall as a 2021 Litigation Star in New York for his work in Commercial and Securities.

Marshall’s recent speaking engagements and publications include:

• “COVID-19 Effects on NY Court Closures, Filings, and Statutes of Limitations,” Goodwin Client Alert, March 2020
• "Pleadings in State Court, Federal Court, and Arbitration,” New York State Bar Association’s Commercial Litigation Academy 2017 NYC Live & Webcast, May 2017
• “Personal Jurisdiction and Financial Transfers: Exploring Reach of US Law,” New York Law Journal, June 8, 2016
• “The Limits of General Jurisdiction: Do Recent Southern District Decisions Undo Daimler v. Bauman?” New York Law Journal, June 10, 2015
• “Does Separate Entity Rule Bar Discovery of Banks’ non-US Branches?” New York Law Journal, December 17, 2014
• “NY Appellate Division Continues to Press Zubulake EDD Standard,” Law Technology News, March 8, 2012
• “‘Voom’ Court Adopts Zubulake Standard for Preserving Electronic Data,” New York Law Journal, March 7, 2012