Mr. Fiske is senior counsel in Davis Polk’s Litigation Department, practicing with special emphasis in professional liability, securities, products liability and white collar crime. He has tried many cases concerning a wide variety of industries and areas of the law in courts across the country. Mr. Fiske also has significant products liability experience; has represented prominent law firms in professional liability matters; and has represented audit committees in internal investigations. His experience as a government prosecutor is extensive.
Work Highlights
REPRESENTATIONS
Clark Clifford and Robert Altman in investigations of their roles in the BCCI matter
Exxon in New York and New Jersey investigations of the Arthur Kill oil spill
Prudential Securities in the complex of proceedings arising out of its limited partnership sales practices
Co-counsel in the successful defense of the National Football League in the antitrust suit brought by the U.S. Football League
The New York Mets in the successful defense of an effort by Cablevision to block the formation of the Mets cable TV network with Time Warner and Comcast
Siemens AG in the negotiations of a resolution of Department of Justice and Securities and Exchange Commission investigations into international bribery charges
Audit committee of Bear Stearns in investigation into collapse of high-risk hedge funds
FINANCIAL AND SECURITIES EXPERIENCE
Representation of General Electric, Exxon, Bankers Trust and other clients in securities actions
Obtained a reversal and judgment of acquittal in the Eleventh Circuit Court of Appeals of the mail fraud conviction of David Brown, former chairman of the board of General Development Corporation
PRODUCTS LIABILITY EXPERIENCE
Successfully defended a $4 billion suit arising out of the Three Mile Island accident, brought by General Public Utilities against Babcock & Wilcox, which had designed and manufactured the nuclear reactor
Obtained reversals in the Missouri Supreme Court of two multi-million dollar compensatory and punitive damage verdicts against Suzuki after trials involving a rollover of the Suzuki Samurai sport-utility vehicle
GOVERNMENT PROSECUTORIAL EXPERIENCE
Assistant U.S. Attorney, Southern District of New York, 1957-1961
U.S. Attorney, Southern District of New York, 1976-1980; served as Chairman of the Attorney General’s Advisory Committee of U.S. Attorneys
Independent Counsel, Whitewater Investigation, January to October 1994
DURING HIS FOUR-YEAR TERM AS U.S. ATTORNEY, MR. FISKE PERSONALLY HANDLED A NUMBER OF IMPORTANT CASES, INCLUDING:
The conviction of narcotics kingpin Leroy “Nicky” Barnes
The labor racketeering conviction of Anthony Scotto and Anthony Anastasio
The representation of Attorney General Griffin B. Bell in connection with contempt proceedings in the Socialist Workers Party litigation
PUBLIC SERVICE EXPERIENCE WHILE AT DAVIS POLK
Member of the New York State Judicial Compensation Commission, 2011
Represented the Judicial Council of the U.S. Court of Appeals for the Fifth Circuit in disciplinary proceedings against a U.S. District Judge
Chairman of the Judicial Commission on Drugs and the Courts appointed by New York State Chief Judge Judith S. Kaye
Member of the Commission for the Review of FBI Security Programs (Webster Commission)
Special Advisor to Attorney General Andrew Cuomo in investigation of New York State Police
Recognition
Mr. Fiske is a senior member of Davis Polk’s White Collar Criminal Defense Group, which was named a “White Collar Group of the Year” by Law360 for 2012.
He has been recognized as a leading lawyer in several legal industry publications, including:
Chambers USA: America’s Leading Lawyers for Business
Chambers Global: The World’s Leading Lawyers for Business
Legal Media Group’s Benchmark Litigation
Law Business Research’s Who’s Who Legal–International Who’s Who of Commercial Litigators
Woodward/White’s Best Lawyers in America
In addition, Mr. Fiske’s esteemed practice in high-stakes litigation has earned him the honor of being named “New York Bet-the-Company Litigator of the Year (for both 2009 and 2010)” by Best Lawyers.
AWARDS
Federal Bar Council’s Emory Buckner Medal for Distinguished Public Service, 1987
New York City Bar Association Medal and the Fordham-Stein Prize, 2007
The American Lawyer Lifetime Achievement Award, 2008
Michigan Law School Inaugural Distinguished Alumni Award, 2011
Of Note
CURRENT MEMBERSHIP
Fellow, American College of Trial Lawyers (President, 1991-1992)
Member, Federal Bar Council (President, 1982-1984)
Fellow, American Academy of Appellate Lawyers
Member, University of Michigan President’s Advisory Group
Trustee, Vermont Law School
PAST MEMBERSHIPS
Chairman, Standing Committee on Federal Judiciary, American Bar Association
Chairman, Planning and Program Committee, Judicial Conference of the Second Circuit
Professional History
Senior Counsel, 2010-present
Partner, 1964-2010
Associate, 1955-1964