CONTACT INFO:

BLAIR C. FENSTERSTOCK
Managing Partner

Fensterstock & Partners LLP
100 Broadway
New York, NY 10005

T: 212.785.4100
F: 212.785.4040

 



Practice Experience

Blair C. Fensterstock founded Fensterstock & Partners LLP, a commercial litigation boutique in New York, where he is the Managing Partner.  Prior to founding his present firm in 1998, Mr. Fensterstock was with Simpson Thacher & Bartlett, Dewey Ballantine, and Sutherland Asbill & Brennan. From 1984-1992, he served as head of litigation for Saul Steinberg’s Reliance Group and then General Counsel of Frank B. Hall & Co., Inc.

Mr. Fensterstock has served as President of the New York American Inn of Court, on the Board of the Center for Security Policy, on the Board of Visitors of Columbia Law School, and presently is a member of the Board of the New York County Lawyers Association and the Financial Policy Council Board. In addition, he currently serves on the Board of a number of corporate clients.

Mr. Fensterstock specializes in complex commercial litigation in all areas including securities, tax shelters, fraud, insurance and reinsurance, partnership disputes, intellectual property,  employment, accounting malpractice, construction, and defamation.

Having litigated in both the  corporate and private law firm environments, he has successfully merged his extensive economic background and his over-35-years of litigation expertise to create novel and cost- effective means to litigate “out of the box” in a David v. Goliath world. His accomplishments include successfully trying the largest tax shelter cases in the U.S., all of the civil cases arising from the bombing of the World Trade Center in 1993,  a plethora of securities, intellectual property and trade secret litigations across the U.S., as well as cases in the Hague and Brazil.

Mr. Fensterstock is often quoted in Bloomberg News, The Wall Street Journal, The New York Times, and on CNN, NBC, CBS, and in the Asian press. He has been honored as a New York Super Lawyer, is listed in a number of Who’s Who publications including as Professional of the Year for Commercial and Civil Litigation, and is the author of the chapter on Complaints in the leading West publication, Commercial Litigation in New York State Courts.

Representative Matters

Securities

• Representation of financial institutions in class action securities cases
• Representation of a mutual fund in Federal Court in a case against its Investment Advisor
• Representation of individuals in hedging and derivatives, civil and white collar cases
• Representation of a management team in Federal Court in a buy-out litigation
• Representation of individuals in derivatives litigation involving failure to hedge
• Representation of a Trust in mortgage backed-securities litigation
• Representation of executives in white collar investigations and prosecutions
• Representation of individuals in insider trading and short-selling cases
• Representation of a company in state and federal court litigations concerning a NASDAQ delisting dispute

Corporate Governance

• Representation of executives in breach of fiduciary duty cases across the U.S.

Intellectual Property

• Representation of an IP company in Broadband over Power Line litigations in Alabama, Massachusetts, and London
• Representation of a Florida IP company in obsolescence software litigation for the U.S. military in Federal Court
• Representation of an IP company in software confidentiality arbitration

Employment

• Representation of all of the senior  retired partners of Arthur Andersen (approximately 300) in litigation in Indiana and Illinois and arbitration in Illinois to recover their retirement benefits when Andersen went out of business
• Representation of various executives from financial and consulting firms in employment discrimination disputes before the EEOC and various Federal Courts throughout the United States
• Representation of multiple individuals, groups, and newly formed companies in non-competition, non-solicitation, and trade secret litigation throughout the United States, in South America, and in Europe

Terrorism

• Successfully prosecuted, as liaison counsel, all of the liability issues on all of the civil cases arising out of the 1993 bombing of the World Trade Center

Accounting Malpractice

• Representation of a Bahamian Mutual Fund trading on the Luxembourg Stock Exchange in accounting malpractice action before the American Arbitration Association
• Representation of various companies and individuals in accounting malpractice actions and arbitrations

Internal Corporate Investigations

• Representation of various companies and Boards of Directors in Internal Corporate Investigations

Insurance and Reinsurance

• Representation of individuals in white collar investigations by the New York Attorney General, including in allegations of money-laundering and back-dating of options
• Representation of senior executives in lawsuit brought by the Pennsylvania Superintendent of Insurance
• Representation of various insurance companies in complex subrogation actions
• Representation of multiple corporations in complex coverage, D&O, and E&O litigations and arbitrations
• Representation of various Insurance Brokerage entities in malpractice and coverage litigations and arbitrations in the U.S. and in London
• Representation of multiple insurance brokerages, individuals, and teams in non-compete, trade secret, and confidential information lawsuits throughout the U.S., Brazil, and London

Construction

• Representation of Gulf Chemical in petrochemical refurbishment litigation in Federal Court in Puerto Rico against Raytheon

Tax Shelters

• Representation of individuals in multiple tax shelter schemes (BLIPS, FLIPS, OPIS, SON of BOSS, NPL) in litigations and arbitrations throughout the U.S. in Federal and State Court and before the American Arbitration Association against the major accounting firms, financial institutions, law firms, and other promoters

Product Liability

• Representation of major pharmaceutical companies and automobile manufacturers in product liability actions

Admissions

• United States Supreme Court
• State Bar of New York
• United States Federal District Court for the Southern District of New York
• United States Federal District Court for the Eastern District of New York
• United States Federal District Court for the Northern District of New York
• United States Federal District Court for the Northern District of Indiana
• United States Court of Appeals for the Second Circuit
• United States Customs Court


Memberships and Professional Associations

• New York American Inn of Court, President (2006 – 2009), Immediate Past President and Opening Dinner Chair (2010 – Present)
• American Arbitration Association
• Board of Visitors, Columbia Law School
• American Bar Association
• New York County Lawyers Association, Board Member
• City Bar Association
• New York State Bar Association
• Who's Who in American Law
• Who's Who in America
• Who's Who in the East
• Who's Who in the World
• Super Lawyers
• Litigation Counsel of America Fellow, Spotlight March/April 2009
• Beyond The Boroughs - Board Member
• Bayonne Golf Club
• Eden Club
• Carnegie Club at Skibo Castle
• Pinehurst Golf Club
• University Club of New York
• St. Andrews Golf Club
• Board of Directors, Beyond the Boroughs
• Co-Chair, Committee on Committees of the New York County Lawyers Association
• President, Board of the Directors of the Ritz Carlton Residences, Battery Park

Education

J.D., Columbia Law School, 1975
• Harlan Fiske Stone Scholar
• Columbia Journal of Law and Social Problems
• Magister, Columbia Chapter, Phi Delta Phi (Story Inn)

A.B., Bowdoin College, 1972
• Major in Economics
• Summa Cum Laude
• Phi Beta Kappa
• James Bowdoin Scholar


Publications and Presentations

• Presenter and Co-Chair, “Jury Selection: Art and Science?” – April 2011, the New York American Inn of Court
• Presenter, “Wine and the Law” – May 2010, the New York American Inn of Court
• Presenter and Co-Chair, “Winds of Change – Changes in the Legal Profession” – February 2009, the New York American Inn of Court
• Author, “The Complaint," Commercial Litigation in New York State Courts (West, 1995–  Present)
• Co-Author, “Class Arbitration After Stolt-Nielsen,” Bloomberg Law Reports (July 2010)
• Author, “Take Nothing for Granted - Follow your Instincts,” Insurance Law & Claims, Spring 1994
• Author, “The Public and the Fair Credit Reporting Act,” Communications and the Law (1980)
• “A Remedy to Prevent Injury from Freedom of Information Act Disclosure,” The Record of the Association of the Bar of the City of New York, Vol. 34, No. 8, November 1979, by the Committee on Federal Legislation, Chairman, Subcommittee
• “Individual State and Government Access to Privately Maintained Financial Communication Toll and Credit Records,” The Record of the Association of the Bar of the City of New York, Vol. 33, No. 7, October 1978, p. 418
• “Federal Diversity Jurisdiction,” by the Committee on Federal Legislation, The Record of the Association of the Bar of the City of New York, June 7, 1978
• Author, “Justice Lynch,” Litigation Magazine, Vol. 3 No. 4, Summer, 1977, Legal Lore, p. 37


Honors and Awards

• 2010 Leadership Award, the New York American Inn of Court, January 2010
• 2012 Martindale-Hubbell Peer Review Rating AV Preeminent, March 2012 - Link
• 2012 Martindale-Hubbell Peer Review Top Rated Lawyers for Alternative Dispute Resolution