Douglas R. Hirsch
Financial Services and Commercial Litigation
Douglas R. Hirsch is a member of the firm’s Executive Committee and heads the firm’s Litigation Group. As a securities arbitration attorney, Doug focuses his practice on business litigation and financial services litigation, including SEC and FINRA Enforcement Actions, Regulatory Investigations, FINRA Arbitration, Securities Class and Derivative claims, Securities Fraud/Ponzi Scheme claims, Claw-Back and Fraudulent Transfer claims, Shareholder Activism, Whistleblower claims, Corporate and LLC Dissolution actions, Investor/Investment Adviser litigation, Corporate, LLC and Partnership disputes, Employer/Employee Non-Compete litigation, Employer/Employee Compensation/Bonus disputes, and Real Estate litigation.
Hedge Fund/Private Equity Fund Mediation and Arbitration
Traditional litigation costs have spiraled to the point where litigation is not a cost effective resolution process for many disputes. Doug’s 25 years in the financial services legal industry puts him in a superior position to other mediators and arbitrators. Doug understands the industry’s business issues and trends. This information and expertise is usually just as important as understanding the legal issues, and sometimes more important. Email Doug at firstname.lastname@example.org to find out more about how he can effectively mediate or arbitrate your dispute.
The following are some of the representative matters Doug has recently handled:
Obtained summary judgment dismissing real estate broker’s claim for a $3 Million dollar commission. Georgia Malone & Company, Inc., v. E&M Associates, et al., Index No. 150660/2014 (N.Y. Sup.).
Obtained dismissal of a lawsuit for breach of fiduciary duty and breach of contract by a partner in an investment advisory firm against his former partner. Goldberg v. GA Capital Partners LLC, Index No. 652748/2015 (N.Y. Sup.).
Represented Ascot Fund Ltd in an $80 million dollar clawback claim by Irving Picard, In re Bernard L. Madoff Investment Securities LLC, Adv. Pro. No. 08-01789, U.S. Bankruptcy Court, S.D.N.Y.
Represented merger arbitrage hedge fund as Co-Lead Counsel in fiduciary duty action that recovered 195% above merger price for cashed-out stockholders. Also obtained a rare second recovery of rescissory damages of an additional 29% above merger price for previously successful appraisal petitioners. Obtained a total class settlement fund of $10.725 million. In re Orchard Enterps. Inc. S’Holder Litig., 88 A.3d 1 (Del. Ch. 2014).
Represented appraisal arbitrage hedge fund in obtaining post-trial judgement of 128% above merger price. Orchard Enterps. Appraisal Litig., 2012 WL 2923305 (Del. Ch. 2014).
Settled a derivative claim for $18,900,000 brought by a limited partner of the Bear Stearns. Domestic High Grade Fund, Navigator Capital Partners, L.P. v. Bear Stearns Asset Management Inc. et al., 07-Civ. 07783, S.D.N.Y.
Obtained complete dismissal after arbitration hearing of a $7 million dollar arbitration claim brought by a customer against his registered investor adviser.
Obtained $1 million dollar settlement on behalf of managing a member of investment adviser against a fellow member in connection with breach of fiduciary duty claims.
Obtained complete dismissal after arbitration hearing of a multi-million dollar claim by investment adviser’s partner who had alleged that he owned half of the investment adviser entity.
Resolved SEC’s enforcement claims for $40 million dollars of disgorgement and lifetime bar against investment adviser. SEC v, The NIR Group, et al., 11-CV-4723, E.D.N.Y.
Obtained numerous SEC closure letters on behalf of investment advisers.
Numerous successful trial verdicts on behalf of clients.
Numerous successful appellate decisions on behalf of clients.
Doug started his career at Lord Day & Lord, Barrett Smith and then worked at Schulte Roth & Zabel before becoming one of the founding members of Sadis & Goldberg. During the course of his career, Doug has successfully obtained numerous trial verdicts and arbitration awards on behalf of his clients and has successfully argued numerous appeals in both federal and state court. He is a frequent speaker at industry conferences.
Hofstra University School of Law (J.D. 1990; member of the Hofstra University Law Review)
Union College (B.A. 1987)
New York, New Jersey
United States Court of Appeals for the First, Second and D.C. Circuits
United States District Courts for the Southern and Eastern Districts of New York and the District of New Jersey
Publications, Articles, and Alerts
Cayman Director Liability in the U.S., June 7, 2016
The SEC Loses Four High-Profile Trials in a Two-Month Span: Circumstances and Lessons, May 14, 2014
SEC Loses Four More High-Profile Trials Where it Relied on Circumstantial Evidence and Questionable Materiality Arguments to Prove Insider Trading and Fraud, February 10, 2014
Hedge Fund Litigation Trends, September 2009
Court Invokes Hedge Fund Anti-Fraud Rule for the First Time, February 2009
SEC Loses Claims Regarding PIPE Transaction, April 2008
Investors are Experiencing “Hotel California” Syndrome, December 2007
“The SEC’s Approach to the Regulation of Hedge Funds and Private Equity Funds,” Cross-border Handbooks, PLC 2006-2007
“Which Offshore Advisors Must Register,” April 19, 2005
Euromoney Compliance Review Handbook
“Arbitration: Be Careful What You Wish For”
Honors and Award
New York Metro Super Lawyer, New York Metro Super Lawyer Magazine 2013 – 2016