Noam B. Fischman

Noam Fischman serves as the Chair of Polsinelli’s Mergers & Acquisitions Litigation Working Group, a task force dedicated to deal-related litigation.  Noam leads a core group of Polsinelli’s most experienced transaction litigators to develop tools for assessing litigating risk before it manifests, and to assess the magnitude of those risks when they can be valued into a transaction. 

Noam is a “go to” trial lawyer with extensive experience litigating a wide range of issues that clients face. Noam’s primary experience and focus is in the health care industry, in which he has litigated for health care providers, pharmaceutical companies, life sciences companies, and related health care vendors. 

Separately, Noam has litigated corporate, fraud, and fiduciary issues for a host of clients outside the healthcare industry as well.  Also, for years, Noam has served in the role of outside General Counsel to nonprofit organizations. 

Irrespective of industry, Noam serves as a trusted guide leading clients through cases in federal and state courts, as well as government investigations and matters involving regulatory agencies.  In addition to typical contract and business tort claims, Noam routinely advises clients on issues related to the False Claims Act, the Foreign Corrupt Practices Act, RICO, the Telephone Consumer Protection Act, trade secrets, employment-related litigation and related state laws, and litigation issues associated with the EB-5 foreign investor program. He drafts compliance programs and trains clients to comply with those programs and related laws.

Noam leverages his industry-specific knowledge and experience to provide clients with practical advice aimed at avoiding disputes before they arise. But, if disputes are unavoidable, Noam pivots to zealous, creative, and goal-oriented litigation strategies aimed at maximizing leverage for his clients while simultaneously seeking to minimize the impact of litigation on the client’s business.

• Currently representing transportation company in the defense of a False Claims Act matter in connection with government contracts.
• Conducted internal investigation for Board of trade association related to alleged breaches of fiduciary duty. 
• Argued and won Ninth Circuit appeal of summary judgment for one of the largest ambulance transport companies in the United States in connection with a multi-year False Claims Act litigation involving hundreds of thousands of allegedly false claims. Argued and won summary judgment for this same matter.
• Won motion for temporary restraining order, preliminary injunction, and motion to compel arbitration for major telecommunications company in vendor dispute valued into the tens of millions of dollars.
• Won at all district court and appellate levels (including defeating a Writ of Certiorari to the United States Supreme Court) and Federal Circuit argument, which challenged the intellectual property rights and royalty provisions of a contract for the manufacturer of military-grade weapons.
• Won arbitration for a publicly-traded life science company in post-acquisition litigation related to deal escrows.
• Won motion to dismiss a complaint against a hospital in which a plaintiff (senior officer) alleged violations of the False Claims Act and the anti-retaliation provision of the False Claims Act.
• Settled for nuisance value, after filing a motion to dismiss, a False Claims Act and retaliation case filed by an employee of a skilled nursing facility.
• Currently defending a large educational institution against False Claims Act allegations related to the procurement of government grants.
• Serves as outside General Counsel for an international trade association.
• Successfully defended through appeal a multi-billion dollar, publicly-traded landscape company in a class-action challenging the prevailing wage paid to certain workers in 2014.
• Successfully defended a Maryland LLC against a derivative action by a group of minority members alleging fraud and managing member misconduct.
• Successfully completed dozens of corruption-related due diligence reviews of foreign affiliates and/or joint venture partners. Advise clients on FCPA compliance, and draft and conduct related training for senior executives.