Lewis S. Fischbein, P.C.

Introduction: My Background I am a solo practitioner doing business and employment litigation. I was Ken Warner's partner and "right-hand man" in Coblence & Warner, a midtown boutique litigation firm, for over 10 years before striking out on my own a dozen years ago. Ken has a well-deserved reputation as one of the best trial lawyers in New York. I am sure he would have good things to say about me. Ken and I represented the former Kidder Peabody bond trader, Joe Jett, during the mid to late 1990s in a variety of cases, including a major arbitration with Kidder. There, we secured both the dismissal of Kidder's claims, which sought $83 million in damages for Jett's bond-trading activities and the return of Jett's $5.7 million bonus frozen by Kidder The other cases included a major securities class action and a derivative action. Ken and I defended former JWP CEO, Andrew Dwyer, in securities litigation with JWP's insurance company investors, which was ultimately dismissed. We also represented former Tyco outside director Frank Walsh in litigation with Tyco and its insurers, which has since been settled. WSMB While I still maintain my own business and employment litigation practice as Lewis S. Fischbein, P.C., I am also now part of a larger, diversified team. In the summer of 2008, I joined Winslett Studnicky McCormick & Bomser LLP (WSMB), an inexpensive full-service midtown boutique law firm consisting of former big-firm lawyers. Here is the group's most significant achievement. Recently, a team of four WSMB attorneys, including myself, successfully represented a group of venture capital firms and senior management executives comprising the minority shareholders of a foreign public telecommunications company in a nearly year-long international arbitration proceeding between the company and the shareholders and in a related foreign court action. A prominent, large law firm represented the public company, employing a 10-person legal team "more than twice the size of the WSMB team", headed by the co-chair of the firm's litigation department. The matter involved a series of disputes arising out of the merger of a U.S.-based company controlled by the VCs into a subsidiary of the public company. After a victory in the foreign court, we were able to settle the arbitration on highly favorable terms for our clients following opening arguments and WSMB's cross-examination of the company's first witness during hearings in London. The settlement paid the minority shareholders $31 million, resolving the parties' dueling fraudulent inducement and breach of warranty claims for which the public company sought in excess of $75 million and the minority shareholders principally $40 million.