Jeffrey A. Fuisz focuses on complex commercial disputes, life sciences disputes, securities litigation, and restructuring-related matters. Serving as lead counsel in jury and bench trials in both state and federal courts, he is adept at presenting complex evidence to judges and juries. Representing clients in proceedings across the commercial landscape, Mr. Fuisz regularly defends corporations against fraud allegations, argues on behalf of his clients for the enforcement of contract rights, and litigates valuation disputes.
Mr. Fuisz regularly represents clients in a broad array of contested bankruptcy matters. Working closely with the firm's restructuring professionals, Mr. Fuisz develops and presents evidence to further the client's objectives no matter the bankruptcy context. He also routinely counsels clients on the litigation risks attendant to bankruptcy matters.
Mr. Fuisz serves on the firm's Management and eData Committees. He is active in the firm's pro bono Death Penalty Appeals practice currently representing death row inmates in post-conviction proceedings.
Mr. Fuisz sits on the board of directors of the Legal Aid Society of New York.
Experience
- An ad hoc group of creditors in In re LATAM Airlines Group litigating confirmation issues.
- A major pharmaceutical company in multiple licensing/collaboration disputes arising out of the co-development and co-marketing various products.
- A controlling class of noteholders in In re Zohar III Corp., a CLO bankruptcy and related litigation over ownership and control of the CLO and its assets.
- Debtors in In re Borden Dairy Company, litigating the contested use of cash collateral and interpretation of the terms of a credit agreement.
- DIRECTV/AT&T in In re Fuse Media defending the provider's right to terminate an underperforming cable channel.
- Ad-hoc term lenders in the PetSmart Inc. restructuring, including litigation over an effort to strip collateral away from secured lenders and related valuation disputes.
- Ad hoc term lenders in In re Cumulus Media, Inc. successfully supporting a contested plan of reorganization.
- DeVry Education Group, Inc. and certain officers in a securities class action and derivative matters arising out of a Federal Trade Commission claim concerning DeVry's advertisements.
- A leading investment bank in connection with RMBS and mortgage-related litigation in federal courts across the country.
- Independent directors of a large REIT in connection with an action brought to enjoin a merger transaction.
- Spirit AeroSystems Holdings, Inc. and certain officers in securing dismissal of securities fraud claims arising out of a $590 million accounting charge affirmed on appeal.
- Ad hoc group of term loan lenders in In re Paragon Offshore PLC, successfully opposing confirmation of the debtors' restructuring plan in two contested trials.
- Celestica Inc. and its former CEO and CFO in a consolidated securities class action.
- Patrolmen's Benevolent Association in their ongoing labor arbitrations against the City of New York.
- A director of National Envelope Corporation in securing dismissal of an action alleging breach of fiduciary duty in connection with a proposed restructuring of the company, which was unanimously affirmed on appeal.
- Emergency Medical Services Corporation (EMSC) et al., in the successful dismissal of eleven shareholder class actions against the client in Delaware Chancery Court and Colorado federal and state courts, enabling the $3 billion sale of EMSC to be completed.
- Canadian Imperial Bank Corp. in Adelphia-related litigation involving fraud, aiding and abetting fraud and fraudulent conveyance claims.
- Bank of America in Enron-related litigation where American Electric Power asserted fraud and negligent misrepresentation claims. Obtained a judgment in excess of $400 million on the client's claims against AEP.
Perspectives
Recognition
Credentials
Education
- J.D., Georgetown University Law Center, 1991
- B.A., Georgetown University, 1988
Admissions
- New York
- District of Columbia
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Tenth Circuit
- U.S. District Court, Eastern District of New York
- U.S. District Court, Southern District of New York
Activities
- Member, New York City Bar
- Member, Federal Bar Council, Securities Litigation Committee