Samuel J. Fishman
Associate
Samuel Fishman is a skilled litigator and counselor to clients that range from early-stage startups to Fortune 500 companies. His practice is primarily focused on representing clients in complex commercial matters in both state and federal courts as well as in various modes of alternative dispute resolution. He also has experience litigating high-stakes employment disputes.
Sam is a member of the Commercial Litigation Practice Group and Sports & Entertainment Industry Team.
Representative Experience
- Won directed verdict in FINRA arbitration on behalf of investment bank dismissing $17 million claim for alleged breach of employment contract.
- Won dismissal of $100 million M&A fraud lawsuit regarding private equity investment on summary judgment in the Southern District of New York on behalf of health care consulting firm, affirmed on appeal by the Second Circuit.
- Won summary judgment in New York Supreme Court, Commercial Division on behalf of private credit fund in commercial foreclosure action for default on $14.1 million loan. Won dismissal of related action with respect to same loan for alleged fraudulent conveyance and champerty.
- Won dismissal of $8 million civil RICO and business tort litigation in the Eastern District of New York on behalf of real estate companies and high-net-worth individual.
- Won dismissal of debt collection class action lawsuit alleging violation of New Jersey consumer fraud and licensure statutes in New Jersey Superior Court on behalf of financial institutions, affirmed on appeal by New Jersey Superior Court, Appellate Division.
- Won $4.8 million in arbitration awards for Fortune 200 company in AAA arbitrations for breach of commercial loan agreements.
- Negotiated favorable settlement of business tort and breach of contract litigation on behalf of national skilled nursing company in the Central District of California.
- Negotiated favorable settlement on behalf of Susan Newman and Nell Newman, daughters of the late actor Paul Newman, in lawsuit against Newman’s Own Foundation for breach of fiduciary duty and constructive trust in Connecticut Superior Court.
- Representing publicly traded fashion company in M&A post-closing earnout dispute in the Eastern District of New York.
- Representing bank in M&A post-closing earnout dispute in AAA arbitration.
Affiliations
- Member of New York State Bar Association Commercial & Federal Litigation Section
- Member of Sports Lawyers Association
Presentations and Publications
- “The Impact of the Pandemic on Commercial Litigation in New York,” New York State Bar Association Commercial and Federal Litigation Section Newsletter, Vol. 28 No. 1 (2022)
- “Gambling on compacts,” SportBusiness (April 5, 2022)
- “Pulp Fiction: The ‘Food Court’ Squeezes Statutory Damages Request by Class of Defrauded ‘Joint Juice’ Health Supplement Buyers,” JD Supra (September 2, 2022)
- “Witness Testimony: Preparing Witnesses to Testify at Trial Checklist (NJ),” Practical Guidance (2022)
Foley Secures Injunction for Paul Newman's Daughters in Image Rights Case
Foley & Lardner LLP successfully represented Susan Newman and Nell Newman, daughters of the late Hollywood actor and philanthropist Paul Newman, in obtaining a temporary injunction from Connecticut state court.
Nationwide Online Sports Betting Tracker
Pulp Fiction: The “Food Court” Squeezes Statutory Damages Request by Class of Defrauded “Joint Juice” Health Supplement Buyers
Joint Juice, according to its labelling and advertising, promoted “healthy and happy,” if not pain free, joints. A jury apparently thought it was closer to snake oil, finding the product’s marketing false, misleading, and fraudulent.
Foley Represents Paul Newman’s Daughters in Lawsuit Against the Late Actor’s Charity Foundation
Foley & Lardner LLP is representing Susan Newman and Nell Newman, daughters of the late actor Paul Newman, in their lawsuit against their father’s charitable foundation, Newman’s Own Foundation. They are seeking $1.6 million in damages for breach of fiduciary duty.
Foley’s Representation of Paul Newman’s Daughters in High-Profile Lawsuit Receives Widespread Media Coverage
Foley & Lardner LLP recently announced its representation of Susan Newman and Nell Newman, daughters of the late actor Paul Newman, in their lawsuit against their father’s charitable foundation, Newman’s Own Foundation. The case, along with the firm’s role as legal counsel in the matter, has received significant media coverage.
Gambling on compacts
The United States Supreme Court’s 2018 decision Murphy v. NCAA struck down the Professional and Amateur Sports Protection Act (PASPA), thereby permitting states to legalize sports gambling and ushering in an historic wave of new domestic commercial activity in the space.