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  • Education
    • J.D., The George Washington University Law School, 1999
    • BA, Rutgers University, 1996
  • Court Admissions
    • U.S. Court of Appeals, District of Columbia Circuit
    • U.S. Court of Appeals, Fourth Circuit
    • U.S. District Court for the District of Columbia
    • U.S. District Court, District of Maryland
    • U.S. Court of Appeals, Ninth Circuit

Noam Fischman serves as the Chair of Polsinelli’s Mergers & Acquisitions Litigation Working Group, a task force dedicated to deal-related litigation. In this role, Noam helps to lead a core group of Polsinelli’s most experienced transaction litigators to develop tools for assessing litigating risk before it manifests, and in assessing 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, but he enjoys applying the lessons learned from these matters to other industries as well. Noam has substantial experience litigating matters for clients in the life sciences, travel, and technology areas. 

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.

  • Won 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 claims.
  • 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 a multi-billion dollar, publicly-traded landscape company in a class-action challenging the prevailing wage paid to certain workers in 2014.
  • Won at all court levels (including defeating a Writ of Certiorari to the United States Supreme Court) challenges to the intellectual property rights and royalty provisions of a royalty contract for a manufacturer of military-grade weapons.
  • Successfully defended a Maryland LLC against a derivative action by a group of minority members alleging fraud and managing member misconduct.
  • Successfully defended an EB-5 regional center in a litigation involving various partnership, licensing, and compliance issues related to the licensed use of the client’s regional center by two contractual counterparties and a minority member of the regional center.
  • Advised an EB-5 foreign investor about his rights and expectations as an investor in the EB-5 program.
  • Investigated concerns by a medical device supplier related to potential anti-kickback and related issues.
  • Advised multiple entities in the health care, nonprofit, technology industries about FCPA compliance.
  • Multiple investigations of fraud, self-dealing, and employment-related misconduct for tax-exempt organizations.
  • Successfully completed dozens of corruption-related due diligence reviews of foreign affiliates and/or joint venture partners. Drafted and conducted training for senior executives related to these programs.