Atty. Benjamin Charles Fishman
Benjamin Fishman is a litigator who works on complex commercial cases and appeals, as well as criminal matters. Prior to joining the firm, Mr.
Profile Summary
About Benjamin Charles Fishman at a glance
Benjamin Charles Fishman is a Counsel based in White Plains, New York, practicing at Yankwitt LLP. They have 19+ years of legal experience, licensed to practice since 2007. Their practice focuses on ip, securities, and litigation. Admitted to practice in New York U.S. District Court, Southern District of New York U.S. District Court, Eastern District of (2007). Educated at Brown University (B.A., 1999) and New York University School of Law J.D. cum laude New York University School of Law J.D. 2006 Articles Editor New York University School of Law J.D. New York University Law Review (—). Serands clients in White Plains, NY and the surrounding metropolitan area.
Want to Get Service From This Attorney?
Sign up free and choose one of the two methods below.
Have a legal question? Sign up free, submit it through the Ask the Attorney module and receive a focused answer from a specialist.
- Free to ask a question
- Answers from specialist attorneys
- Optional private / anonymous question
Request an online video meeting or an in-person consultation at the attorney's office. Pick a time that works for you and share the details securely.
- Online video meeting
- In-person at the attorney's office
- Secure messaging and payment
About
- Benjamin Fishman is a litigator who works on complex commercial cases and appeals, as well as criminal matters
- Prior to joining the firm, Mr. Fishman served as a law clerk to the Hon. Nicholas G. Garaufis in the United States District Court for the Eastern District of New York
- Representative Matters Commercial Litigation Representing a financial-guaranty insurance company in contract and fraud litigations against investment banks that sponsored and originated residential mortgage-backed securities
- Representing a medical device company in contract and fraud disputes arising out of distribution contracts
- False Advertising Representing a major pharmaceutical company in a federal court Lanham Act action
- Obtained a preliminary injunction that was successfully defended on appeal
- White Collar Defense and Investigations Representing a retired executive of a major retail company in a Foreign Corrupt Practices Act investigation
- Pro Bono Representing a death row inmate in Alabama in a post-conviction challenge
- Data Security Law Blog DataSecurityLaw.com is the firm's resource for the latest news, analysis, and thought leadership in the critical area of privacy and cybersecurity law
- Recent Blog Posts • Obama Announces Commission on Enhancing National Cybersecurity Earlier today, President Obama issued an Executive Order creating a Commission on Enhancing National Cybersecurity within the Department of Commerce
- The commission “will make detailed recommendations to strengthen cybersecurity in both the public and private sectors while protecting privacy, ensuring public safety and economic and national security, fostering discovery and development of new technical solutions, and bolstering partnerships between Federal, State, and local government and the private sector in the development, promotion, and use of cybersecurity technologies, policies, and best... • Litigation Watch: Can a Third-Party Vendor Be Left Holding the Bag After a Breach?
- Many organizations, particularly those outside of the technology sector, rely heavily on third-parties-including cyber security specialists, lawyers, and public relations firms-to help pick up the pieces after a data breach
- But what happens when a third-party vendor doesn't fix the problem?We've written about managing third-party risk on this blog several times, and from a legal perspective, we've focused on dealing with those risks through careful planning and thoughtful contracting
- But what other steps can an organization take if a third-party... • EU Commission and United States Agree on New “Privacy Shield” for Trans-Atlantic Data Flow U.S. and European Commission officials announced on Tuesday that they have reached an agreement in principle on a new EU-U.S
- Privacy Shield to permit the flow of data between Europe and the United States
- The new deal follows on the heels of reports Monday evening that U.S. and European officials were continuing to negotiate a replacement for the now-defunct Safe Harbor Framework, after officials failed to reach an agreement by the January 31st deadline.The European Commission (EC) has indicated that... • U.S. and European Officials Fail to Reach Agreement for New Data Transfer Deal American and European officials failed to meet the January 31st deadline for a new agreement on the transfer of data between the United States and Europe, disappointing hopes that the two sides would broker a deal to replace the now-invalidated U.S.-EU Safe Harbor Framework
- Over the past few months, European Union and United States officials have been locked in intense negotiations for a new deal on the Safe Harbor, which would allow companies to resume safely transferring data across the... • The FDA's Draft Guidance on Cybersecurity for Networked Medical Devices Yet another regulator has weighed in on cybersecurity issues, adding to an already complicated and daunting mosaic of regulatory enforcement actions and guidance
- Last week, the U.S
- Food and Drug Administration (“FDA”) posted new draft guidance concerning the postmarket management of cyber risks associated with medical devices that are connected to networks
- The new draft guidance comes almost a year after President Obama issued Executive Order 13636, which directs public and private actors to work together to share information about... • CISA Is Now Law-What It Means for Your Organization After several fits and starts, Congress finally passed the Cyber Information Sharing Act of 2015 (CISA) as part of the omnibus budget bill
- President Obama signed the bill into law on December 18, 2015.CISA allows-but does not require-companies to share certain cybersecurity information with the NSA and other federal agencies, where that information is necessary to identify malicious intrusions, security vulnerabilities, or other enumerated “cyber threat indicators.” Supporters of the legislation argue that this type of information-sharing is critical to... • Department of Homeland Security & Cyber Governance: It Starts at the Top The U.S
- Department of Homeland Security's (DHS) top privacy official said today that a “clear mandate” from top management is the foundation of an organization's ability to establish and implement an effective data security and privacy plan.“I report directly to the Secretary of Homeland Security,” said Karen Neuman, Chief Privacy Officer of the DHS. “The same should be said of any organization.”Neuman's comments came during a symposium hosted by the International Association of Privacy Professionals/Federal Communications Bar Association at EverBank... • Breaking News: Hacker's Conviction Affirmed Despite Lower Court's Error This week, the United States Supreme Court upheld a conviction under the Computer Fraud and Abuse Act despite the Court's acknowledgement that the jury had been wrongfully instructed on the elements of the crime charged
- This is the second noteworthy decision relating to the Act to be issued recently.Defendant Michael Musacchio had been the president of a logistics company, Exel Transportation Services (“ETS”) until his resignation in 2004
- In 2005, Mr. Musacchio formed a rival company, and the former head of ETS'... • “Interoperable” Healthcare Data Will Be a Tempting Target At a panel during last week's Consumer Electronics Show in Las Vegas, Edith Ramirez, chair of the Federal Trade Commission - America's top privacy regulator - said she would not wear a Fitbit personal fitness tracker. “I don't want my sensitive health information being shared,” she explained
- And as it happens, Fitbit suffered a hack the same week.Meanwhile, U.S. healthcare regulators have recently been promoting policies that promise to aggregate and render accessible the health data of millions - whether that data... • The Privilege of PR: Application of the Attorney-Client Privilege to Crisis Communications and Public Relations in Breach Response Planning Cyber-attacks have become a matter of everyday reality for all businesses: regardless of industry or size, it is no longer if a data breach will happen, but when
- And waiting for a breach to occur before designing and implementing a cyber incidence response plan is generally a recipe for disaster
- Often overlooked, however, is the need to include a carefully-crafted crisis communication or public relations strategy and to do so in a way that extends the attorney-client privilege to the
Practice Areas Explained
Benjamin Charles Fishman's Areas of Practice
Each practice area below reflects the types of cases Benjamin Charles Fishman handles, with a brief overview of what that area of law covers.
IP attorneys protect inventions, brands, and creative work through patent prosecution, trademark registration, copyright, and trade-secret enforcement.
Benjamin Charles Fishman is one of 106,079 ip attorneys indexed nationally. Browse ip attorneys in New York →
Benjamin Charles Fishman is one of 64,529 securities attorneys indexed nationally. Browse securities attorneys in New York →
Civil litigation attorneys for breach of contract, business disputes, civil rights, and class action lawsuits.
Benjamin Charles Fishman is one of 454,532 litigation attorneys indexed nationally. Browse litigation attorneys in New York →
Jurisdictional Context
Why local counsel matters in New York
Practicing law in New York. Legal matters in New York are governed by state-specific rules of civil and criminal procedure, statutes of limitations, and substantive law. Cases originating in White Plains are typically filed in the local municipal court or the appropriate New York state district court, depending on subject matter and amount in controversy. An attorney licensed in New York brings working knowledge of local procedural deadlines, judicial practices in this andnue, and the substantive law that applies to cases brought here. Out-of-state attorneys generally cannot represent clients in New York courts without local counsel or pro hac vice admission.
Looking for additional New York attorneys? Browse all attorneys in White Plains or all attorneys in New York.
Frequently Asked
Common questions about Benjamin Charles Fishman
Where is Benjamin Charles Fishman's law office located?
What practice areas does Benjamin Charles Fishman handle?
How long has Benjamin Charles Fishman practiced law?
Where did Benjamin Charles Fishman go to law school?
How can I contact Benjamin Charles Fishman for a consultation?
Education
Bar Admissions
Reviews
No reviews yet.