Daniel Fisher

Daniel F. Fisher is an experienced litigator in Mayer Brown’s New York Litigation and Dispute Resolution Practice. He has successfully represented major financial institutions and pharmaceutical companies in complex commercial litigation in state and federal courts, including at the appellate level.

Dan also has extensive arbitration experience and has successfully represented clients under the Commercial Rules of the American Arbitration Association and International Centre for Dispute Resolution. Dan’s experience includes, but is not limited to:

Trials: Obtained an outright victory for The Bank of New York Mellon in its first major residential mortgage-backed securities (RMBS) action in its role as RMBS trustee. Represented CIBC in a trial spanning more than 6 weeks before the United States District Court for the Southern District of New Jersey.

Successfully co-chaired a trial defending a pro bono client against charges that would have deprived her of custody of her infant son and potentially aided criminal charges against her.

Investigations: Represented individuals and corporations, including major financial institutions and pharmaceutical companies, in connection with criminal and regulatory investigations and related civil proceedings, including government subpoenas and third-party litigation subpoenas.

General Commercial Litigation: Extensive experience representing major financial entities and pharmaceutical companies against claims such including, but not limited to, breach of contract, fraud, fraudulent inducement, tortious interference with contract, and injunctive relief. An expert in all aspects of civil discovery, including, but not limited to, search term negotiations, discovery requests and responses, document review and productions, and expert discovery. Experience drafting pleadings, dispositive motions, post-trial and appellate briefings. Extensive experience preparing for and assisting with trials.

Dan joined Mayer Brown after graduating cum laude from St. John’s University School of Law where he served as Senior Articles Editor of the St. John’s Law Review. Before graduating from law school, Dan worked as a judicial extern for the Honorable Dennis R. Hurley of the Eastern District of New York. Dan received his B.A. from Providence College, obtaining a major in Political Science and a minor in Spanish, both with honors.

Education :

• St. John’s University School of Law, JD, cum laude
• Providence College, BA

Admissions :

• New York
• New Jersey
• US District Court for the Southern District of New York
• US District Court for the Eastern District of New York

Experience :

• Represented The Bank of New York Mellon in the first trial of noteholders against a residential mortgage-backed securitization trustee. Secured complete victory after a four-week bench trial, defeating all claims for liability and more than $100 million in damages. Western & Southern Life Ins. Co. v. The Bank of New York Mellon, No. A1302490 (Ohio Ct. Common Pleas, Hamilton Cty. Aug. 4, 2017).
• Represented CIBC in a trial spanning more than 6 weeks before the United States District Court for the Southern District of New Jersey. Grande Village LLC, et al. v. CIBC, Inc. et al., No. 14-3495 (S.D.N.J. 2015) (resolution pending)
• Presently drafting a settlement after the successful mediation of an arbitration on behalf of Curtis International Ltd.  The arbitration was under the jurisdiction of the International Centre of Dispute Resolution as the international arm of the American Arbitration Association.
• Successfully mediated claims brought by Mayer Brown’s client, a major pharmaceutical company, obtaining a settlement in excess of $300 million.
• Drafted successful motion to dismiss on behalf of NCR Corporation resulting in the plaintiff voluntarily dismissing all claims against NCR with prejudice.  ActV8, Inc. v. NCR Corp. et al., No. 16-cv-02085-KBF (Dkt. No. 29) (S.D.N.Y. 2016).
• Resident expert of e-Discovery in Mayer Brown’s New York litigation practice. Manage and coordinate document reviews and productions involving multiple parties, extensive search terms and custodians, and millions of documents on a daily basis.  Consistently communicate with clients regarding document retention, retrieval, and cost savings initiatives.
• Extensive experience preparing and assisting with complex commercial trials.