Eric R. Fish

Partner

New York
T 212.589.4647  |  F 212.589.4201

Eric Fish is a litigator with extensive experience representing clients in complex civil litigation focused on products liability, toxic tort, and business litigation. Based on his intimate knowledge of New Jersey state and federal practice, Eric handles many civil matters pending in New Jersey. Appreciating the potential implications of litigation on his clients and their businesses, Eric listens to his clients and looks at both the immediate consequences and long-reaching effects of litigation when developing case strategies. Eric then works with his clients to determine the best approach in achieving their litigation goals.

Select 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).  Most recently, Eric led a team that negotiated a $9 million settlement with a large hedge fund prior to initiating litigation.  In 2013, Eric led the team that negotiated the successful $97.8 million settlement on behalf of the SIPA Trustee with Maxam Absolute Return Fund et al. Eric also assisted in the 2011 settlement in Picard v. Tremont Group Holdings, et al. that brought more than $1 billion back to the BLMIS Customer Fund, which to date totals more than $11.1 billion.

Complex Commercial Litigation
  • Represents corporate clients in a variety of complex commercial litigation matters in the state and federal courts in New Jersey and New York.
Privacy Litigation
  • Represents healthcare clients in various privacy matters. Successfully defended multiple hospitals and healthcare providers against claims alleging HIPAA violations and breach of privacy in New Jersey, New York, Connecticut, Rhode Island, and Massachusetts. 
Class Action
  • Defending individual in multibillion-dollar securities fraud class action against a pharmaceutical company and several of its employees in the Southern District of New York.
Product Liability and Toxic Tort
  • Served as counsel in New York and New Jersey in toxic tort and product liability litigations arising from alleged pesticide exposure. Helped to obtain dismissal or very favorable settlement terms in various cases.
Americans With Disability Act
  • Defends property owners 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.
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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).  Most recently, Eric led a team that negotiated a $9 million settlement with a large hedge fund prior to initiating litigation.  In 2013, Eric led the team that negotiated the successful $97.8 million settlement on behalf of the SIPA Trustee with Maxam Absolute Return Fund et al. Eric also assisted in the 2011 settlement in Picard v. Tremont Group Holdings, et al. that brought more than $1 billion back to the BLMIS Customer Fund, which to date totals more than $11.1 billion.
Complex Commercial Litigation
  • Represents corporate clients in a variety of complex commercial litigation matters in the state and federal courts in New Jersey and New York.
  • Defending a large audit and recovery company in litigation in the District of New Jersey involving allegations of breach of contract, fraud, and consumer fraud. 
  • Defended a food services company in a suit against a former shareholder in New York Supreme Court who claimed a breach of the corporate by-laws and violation of New York business laws. Obtained a full dismissal of the case prior to trial without the client having to pay anything to the plaintiff.
  • Represented a start-up healthcare company in New Jersey Superior Court in action seeking an injunction based on a non-compete and confidentiality agreement. Resolved the case successfully before an Order to Show Cause was heard, and the client was able to continue building the start-up. 
  • Defended a healthcare client in New Jersey Superior Court in a business dispute related to the distribution of drug products. Obtained dismissal without the client having to pay. 
  • Successfully defended a media conglomerate in District of New Jersey on a wide range of issues related to a commercial dispute.  
  • Defended a business dispute action in District of New Jersey involving a loan for the development of property in Mexico. 
  • Represented a Chinese manufacturer in obtaining payment for a breach of agreement for the sale of goods prior to filing suit.
Privacy Litigation
  • Represents healthcare clients in various privacy matters. Successfully defended multiple hospitals and healthcare providers against claims alleging HIPAA violations and breach of privacy in New Jersey, New York, Connecticut, Rhode Island, and Massachusetts. 
  • Defended a New Jersey hospital and its employee in a case alleging unauthorized disclosure of patient information. After several years of contentious litigation, the case was dismissed just prior to jury selection on a pretrial motion.
  • Defended a healthcare provider against the disclosure of private information in Massachusetts. Also successfully obtained insurance coverage for the client after initial denial.
Class Action
  • Defending individual in multibillion-dollar securities fraud class action against a pharmaceutical company and several of its employees in the Southern District of New York.
  • Representing a Texas energy company in a pending consumer class action in District of New Jersey.
  • Led the team defending a dental product manufacturer in a consumer class action in Northern District of Illinois. Obtained full dismissal on motion to dismiss prior to discovery.
Product Liability and Toxic Tort
  • Served as counsel in New York and New Jersey in toxic tort and product liability litigations arising from alleged pesticide exposure. Helped to obtain dismissal or very favorable settlement terms in various cases.
  • Worked on national coordinating counsel teams and as New Jersey counsel in drug and medical device litigations for large pharmaceutical companies. Obtained full dismissal of multiple cases alleging addiction to unscheduled drug on statute of limitations grounds.  
  • Defended toxic tort actions against manufacturers and landowners involving exposure to toxic chemicals, including chromium and asbestos. Submitted Petition for Certification in reported case of Olivo v. ExxonMobil Corp., 185 N.J. 39 (2005).  
  • Represented a pool heater manufacturer in multiple product liability actions, obtaining full dismissals without the client contributing toward settlement.
  • Defended large chain of home improvement stores in numerous general liability and product liability cases in New Jersey state and federal courts.
  • Counsels foreign clients on compliance with United States product liability laws.
Americans With Disability Act
  • Defends property owners 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

News

Community

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

Services

Industries

Admissions

  • U.S. Court of Appeals, Second Circuit, 2011
  • U.S. District Court, Western District of New York, 2016
  • U.S. District Court, Eastern District of New York, 2009
  • U.S. District Court, Southern District of New York, 2009
  • U.S. District Court, District of New Jersey, 1998
  • New York, 2009
  • District of Columbia, 2005
  • New Jersey, 1998

Education

  • J.D., The George Washington University Law School, 1998, high honors; Order of the Coif; Articles Editor, Public Contract Law Review
  • B.A., Tufts University, 1995, summa cum laude; Phi Beta Kappa
  • St. Catherine's College, Oxford, 1994, Associate Student