Douglas R. Hirsch

Douglas R. Hirsch

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551 Fifth Avenue, 21st Floor
New York, NY 10176
Phone: 212.573.6670
Fax: 212.947.3796
dhirsch@sadis.com

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Doug is a talented trial and appellate lawyer who heads Sadis & Goldberg’s litigation group. He has over 25 years of experience successfully representing clients in complex securities and business litigation, including class action and derivative cases. Doug advises, litigates and arbitrates primarily for hedge fund, private equity, and real estate clients, and therefore, has extensive experience in the areas of SEC enforcement actions, securities fraud, breach of fiduciary duty, business divorce, dissolution, corporate governance, activism, partnership disputes, fraudulent transfer/claw back claims, Chapter 15 proceedings, whistleblower claims, restrictive covenants, brokerage claims and lender liability. He is also a trained mediator and can be retained to mediate complex business disputes.

 

Publications

Litigated Matters

The following are some of the representative matters Doug has recently handled:

  • Obtained summary judgment on breach of fiduciary duty and fraudulent conveyance claims for co-founder of Bareburger restaurant chain resulting in large confidential settlement. Stavroulakis v. Pelakanos, 2018 N.Y. Slip. Op. 50180(U) (N.Y. Sup. February 13, 2018).

  • 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 claw back 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 a 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 judgment of 128% above merger price. Orchard Enterps. Appraisal Litig., 2012 WL 2923305 (Del. Ch. July 18, 2012, aff’d Mar. 28, 2013).

  • 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 advisor.

  • Obtained $1 million dollar settlement on behalf of managing member of investment advisor against fellow member in connection with breach of fiduciary duty claims.

  • Obtained complete dismissal after arbitration hearing of a multi-million dollar claim by investment advisor’s partner who had alleged that he owned half of the investment advisor entity.

  • Resolved SEC’s enforcement claims for $40 million dollars of disgorgement and lifetime bar against investment advisor. SEC v, The NIR Group, et al., 11-CV-4723, E.D.N.Y.

  • Obtained numerous SEC closure letters on behalf of investment advisors.

  • Numerous successful trial verdicts on behalf of clients.

  • Numerous successful appellate decisions on behalf of clients.

Education

  • Hofstra University School of Law (J.D. 1990; member of the Hofstra University Law Review)

  • Union College (B.A. 1987)

Admitted

  • 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

Honors and Awards

  • New York Metro Super Lawyer, New York Metro Super Lawyer Magazine 2013 – 2017

  • Top Attorneys in Metro New York, Selected by Peer Recognition and Professional Achievement, New York Times 2015

Practice Areas

  • Litigation