Practice
Jerome Fortinsky, a partner in the Litigation Group, focuses his practice on securities, antitrust and other complex commercial litigation. In 2009, Legal 500 said, “As part of his broad-based litigation practice, the ‘incredibly smart’ Jerome Fortinsky handles high-stakes . . . matters. Clients say he is very strategic in his legal analysis and ‘always thinks about five steps ahead.’ ” In 2010, Legal 500 said, “Jerome Fortinsky provides ‘in-depth knowledge of the law and strong tactical thinking’ . . . .” In 2010, he was selected for inclusion in New York Super Lawyers.

Mr. Fortinsky joined the firm in 1991 and became a partner in 1998. From 1988 to 1991, he worked in the Office of Governor Mario M. Cuomo, where he rose to become Assistant to the Governor for Regional Affairs in 1990. He served as a law clerk to Judge Edward R. Korman of the United States District Court, Eastern District of New York, from 1987 to 1988.

• Filed motions to dismiss twelve securities class actions; won all twelve (in whole or, on two occasions, in part)
• Obtained favorable settlement for directors of public company in derivative litigation challenging compensation paid to company’s chief executive officer
• Persuaded SEC not to take action against Big Four accounting firm after multiyear investigation
• Negotiated favorable settlement resolving SEC investigation of financial services firm
• Represented all Big Four accounting firms in connection with regulatory oversight of accounting profession
• Rendered continuing advice to Big Four accounting firm on regulatory matters
• Clients in securities cases include Ford Motor Company, Nokia, Deloitte & Touche LLP, Hartford Financial Services Group, Flag Telecom Holdings Limited, China Natural Gas, China-Biotics, China Education Alliance, China Electric Motor, Mpower Communications, Inc. and Datascope Corp.

• Obtained dismissal of Merrill Lynch & Co., Inc., and Merrill Lynch Global Private Equity, Inc., from lawsuit alleging a bid-rigging conspiracy among private equity firms
• Obtained dismissal of claims against SGL Carbon AG in suit brought by foreign steel producers and defended company against antitrust charges in criminal proceedings and various civil lawsuits
• Obtained dismissal, on behalf of a European bank, of antitrust complaint alleging conspiracy to fix commissions on foreign exchange trading
• Obtained dismissal, on personal jurisdiction grounds, of all claims against foreign antitrust defendant (though that defendant had previously pleaded guilty to price fixing in federal court)
• Successfully defended manufacturer of computer equipment against antitrust and contract claims brought by distributor
• Conducted internal investigation of antitrust allegations asserted against large manufacturer
• Clients in antitrust cases include Merrill Lynch & Co., Schindler Elevator, Norske Skog and ING Bank

• Handled eleven appeals for clients; won all eleven (in whole or, in one case, in part)
• Supervised or managed internal or audit committee investigations for two U.S. financial institutions and two industrial companies listed on U.S. stock exchanges
• Obtained dismissal of claims against Paramount Communications Inc. and Viacom Inc. brought by former president of Paramount; successfully defended judgment on appeal
• Obtained reversal on appeal of summary judgment against film producer in contract dispute concerning high-profile movie project; represented producer in subsequent negotiations concerning the sale of rights in the film to a third party
• Obtained dismissal of $52 million breach of contract suit against General Electric Capital Corp. arising from failed leveraged buyout

• Speaker, Directors’ Education Institute, Duke University
• Speaker, “Globalised litigation: truth or myth?,” International Bar Association conference, London
• Speaker, “Antitrust due diligence in handling civil litigation,” conference sponsored by the American Bar Association (Section of Antitrust Law) and the New York City Bar Association, New York
• Member, Committee on Civil Litigation, United States District Court for the Eastern District of New York
• Member, New York City Bar Association
  • Member, Committee on Antitrust & Trade Regulation (2002-2005)
  • Member, Special Commission on Campaign Finance Reform
  • Contributor to “Dollars and Democracy: A Blueprint for Campaign Finance Reform”
    (Fordham University Press, 2000)
• Member, American Bar Association

Publications

• Forces that led to one NBA “dream team” could create another, SportsBusiness Journal (February 21, 2011)
• Challenging Loss Causation in the Second Circuit, Law360 (April 18, 2011)