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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
Noam Fischman serves as the Co-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 to the detriment of clients, and in assessing the magnitude of those risks when they can be valued into a transaction.  As a “go to” litigator, Noam also leads litigation teams defending the value of those transactions if and when litigation becomes necessary.
Noam has extensive experience in both commercial and health care-related litigation.  Noam serves as a trusted guide leading clients through these matters 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 issues related to 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. If disputes are unavoidable, Noam has managed numerous cases successfully while minimizing the impact of those matters on the client’s business.

  • Currently defending a publicly-traded life sciences company in arbitration against claims related to an earn-out and escrow provisions from an agreement and plan of merger.
  • Currently defending a hospital against allegations that the hospital has violated the False Claims Act and retaliated against a former employee. 
  • Currently defending a large educational institution against False Claims Act allegations related to the use of government grants. 
  • Currently defending one of the largest providers of ambulance services against False Claims Act allegations relating to government reimbursement.
  • Successfully defended a multi-billion dollar, publicly-traded landscape company in a class-action challenging the prevailing wage paid to certain workers in 2014. 
  • Currently litigating, on appeal, two decisions by federal district courts in which Noam’s clients prevailed on their respective dispositive motions. 
  • Successfully defended a Maryland LLC against a derivative action by a group of minority members alleging fraud and managing member misconduct
  • Successfully defended a large manufacturer against challenges to its intellectual property rights and royalty provisions of a royalty contract
  • 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.
  • Recently 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. 
  • Investigated allegations of fraud, self-dealing, and employment-related misconduct for a large trade association.
  • Won a motion to dismiss civil RICO and corralling tort claims on behalf of a multi-national corporation in the Life Sciences industry.
  • 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.