Maximillian S. Shifrin

Partner

New York
T +1.212.589.4252
F +1.212.589.4201

Overview

Max Shifrin resolves complex commercial disputes for global clients. Leveraging his passion for both negotiation and advocacy, Max counsels clients through their business disputes and helps them avoid or prosecute lawsuits as needed. When litigation becomes necessary, Max is a skilled advocate with a track record of successful results at every phase of a dispute: on the pleadings, in discovery, at trial and on appeal.

Max’s clients include energy conglomerates, real estate developers, government agencies and public authorities, hotels, financial institutions, general contractors, software developers, insurers and bankruptcy trustees. In addition to his broader litigation practice, he is the leader of the Discovery Management team, a core component of the larger group of BakerHostetler attorneys serving as counsel to the Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC. In that role, Max establishes and coordinates discovery strategy across hundreds of individual lawsuits brought by the Trustee, oversees the management and production of terabytes of data and has successfully represented the Trustee in a wide range of discovery disputes.

Max devotes a substantial amount of his time to pro bono work. With a particular focus on appellate practice, he has represented many indigent parties in their appeals and has authored multiple amici briefs filed with various circuit courts and the U.S. Supreme Court.

Select Experience

  • Obtained a settlement for a foreign application developer sued for alleged copyright infringement arising out of its publication of a mobile video game. The representation involved document collection, review and production, depositions and significant motion practice in the U.S. District Court for the Central District of California, including a successful motion to transfer the case from California to the Southern District of New York, which enabled the matter to settle on terms favorable to the client.
  • Obtained a settlement for a New York contractor in a multimillion-dollar Employee Retirement Income Security Act action brought by benefit funds for delinquent contributions. The representation involved extensive document collection, review and production, numerous depositions, and significant motion practice and hearings in the U.S. District Court for the Southern District of New York.  
More »

Experience

  • Obtained a settlement for a foreign application developer sued for alleged copyright infringement arising out of its publication of a mobile video game. The representation involved document collection, review and production, depositions and significant motion practice in the U.S. District Court for the Central District of California, including a successful motion to transfer the case from California to the Southern District of New York, which enabled the matter to settle on terms favorable to the client.
  • Obtained a settlement for a New York contractor in a multimillion-dollar Employee Retirement Income Security Act action brought by benefit funds for delinquent contributions. The representation involved extensive document collection, review and production, numerous depositions, and significant motion practice and hearings in the U.S. District Court for the Southern District of New York.  
  • Obtained a dismissal in favor of a residential property owner in a putative class action in the United States District Court for the Eastern District of Pennsylvania arising out of the property owner's assessment of late fees.  
  • Represented an investor in connection with a multimillion-dollar fraud in which the client sought relief from the various parties that lured her into making the investment. The case involved various claims asserted by and against the client in multiple U.S. jurisdictions, including significant motion practice in the U.S. District Court for the Southern District of New York.     
  • Represented a global natural gas company in a multimillion-dollar breach of contract dispute. The representation involved extensive international document collection, review and production, numerous depositions, and significant motion practice and hearings in the U.S. District Court for the District of Minnesota.  
  • Obtained a settlement on behalf of a creditor in a multimillion-dollar New York foreclosure action. The representation involved significant motion practice and hearings in the Commercial Division of the New York Supreme Court.

Recognitions and Memberships

Recognitions

  • New York Metro Super Lawyers "Rising Star" (2014 to 2021)

Memberships

  • American Bar Association: Litigation Section
  • New York State Bar Association
  • New York City Bar Association

Pro Bono

  • Represented an indigent criminal defendant indicted on federal drug conspiracy charges, including accompanying the client to proffer sessions with federal prosecutors.
  • Represented an indigent criminal defendant in his appeal to the New York State Supreme Court Appellate Division, First Department, including authoring an appellate brief and leading oral argument before a five-judge panel.

Admissions

  • U.S. Court of Appeals, Second Circuit
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York
  • New York

Education

  • J.D., Brooklyn Law School, 2010, cum laude; Editor, Brooklyn Law Review; Alexander Mehr Award for Outstanding Moot Court Advocacy
  • B.A., University of Connecticut