Eric R. Fish

Experience

BLMIS Recovery Initiative

• Leads several legal teams investigating and litigating actions involving feeder funds and banks to recover funds for victims of the Madoff fraud in connection with BakerHostetler’s role as court-appointed counsel to Irving H. Picard, SIPA Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC (BLMIS). Eric has been working on the Trustee’s recovery efforts since January 2009 and has led several teams in recovering over $1.1 billion for the BLMIS Customer Fund—including a $1 billion settlement in Picard v. Tremont Group Holdings, et al. in 2011, a $97.8 million settlement in Picard v. Maxam Absolute Return Fund et al. in 2013, and a $9 million settlement in another matter prior to instituting suit. To date, the BLMIS Customer Fund totals more than $14.4 billion.

Complex Commercial Litigation

• Represents corporate clients in a variety of complex commercial litigation matters in state and federal courts in New Jersey and New York.

• Experience litigating wide variety of commercial and business disputes in New Jersey and New York state and federal courts, including breach of contract, fraud, consumer fraud, unfair business practices, shareholder disputes, alleged violation of noncompete agreements, loan disputes, antitrust disputes and insurance coverage. 

Privacy Litigation

• Representation of healthcare clients in various privacy matters. Successfully defended multiple hospitals and healthcare providers against claims alleging disclosure of private health information, violations of the Health Insurance Portability and Accountability Act and breach of privacy in various jurisdictions across the country, including New Jersey, New York, Connecticut, Rhode Island and Massachusetts.
• Defense of various different businesses in data breach litigations, including healthcare organizations, multi-national companies and educational institutions.

Class Action

• Experience representing corporate defendants in multiple class action contexts, including consumer class actions, privacy, TCPA, product liability and securities fraud.
• Defense of multiple different businesses in federal and state courts in New Jersey and New York in class actions arising out of data breaches and ransomware attacks.
• Representation of defendants in Telephone Consumer Protection Act (TCPA) cases in New York federal courts. Includes successful negotiation of class-wide settlement and obtaining court approval in one contentious matter for large retailer in the Southern District of New York.
• Defense of individual officers in multibillion-dollar securities fraud class actions in federal and state courts in New York and New Jersey.
• Representation of defendants in a variety of consumer class actions, including claims under New York, New Jersey and Illinois consumer protection statutes.

Product Liability and Toxic Tort

• Experience defending against product liability, toxic tort and personal injury matters brought against corporate clients.
• Served as counsel in New York and New Jersey in toxic tort and product liability litigations in a variety of settings, including asbestos, pesticide exposure and toxic chemical exposure. Submitted a petition for certification in the reported case of Olivo v. ExxonMobil Corp., 185 N.J. 39 (2005).
• Worked on national coordinating counsel teams and as New Jersey counsel in drug and medical device litigations for large pharmaceutical companies.
• Representation of manufacturers and retail store owners in cases involving alleged defective products. Defended a large chain of home improvement stores in general liability and product liability matters.
• Counsels foreign clients on compliance with United States product liability laws.

Americans With Disability Act

• Defense of numerous property owners and commercial tenants in New York and New Jersey federal courts in cases alleging violations of Title III of the Americans With Disabilities Act, 42 U.S.C. § 12181, et seq.

Memberships

• Defense Research Institute
• New York State Bar Association

Community

• Hoboken Jubilee Center/All Saints Community Service and Development Corporation: Past President of Board of Trustees