Douglas R. Hirsch

Attorney Profile

Top Rated Business Litigation Attorney in New York, NY

Sadis & Goldberg LLP
 | 551 5th Avenue, 21st Floor
New York, NY 10176
Phone: 212-573-6670
Fax: 212-947-3796
Selected To Super Lawyers: 2013 - 2019
Licensed Since: 1991
Practice Areas:
  • Business Litigation (50%),
  • Securities Litigation (50%)
Attorney Profile

 

Financial Services and Business Litigation


Douglas Hirsch is a talented trial and appellate lawyer who heads Sadis & Goldberg’s litigation group. Douglas has over 25 years of experience successfully representing clients in complex securities and business litigation, including class action and derivative cases. Douglas advises, litigates and arbitrates primarily for clients in the financial services and real estate industries, and therefore, has extensive experience in the areas of SEC enforcement actions, securities fraud, breach of fiduciary duty, corporate governance, activism, partnership disputes, fraudulent transfer/claw back claims, whistleblower claims, restrictive covenants, brokerage claims and lender liability. Douglas is also a trained mediator and can be retained to mediate complex business disputes.


Litigated Matters


The following are some of the representative matters Doug has recently handled:
• Obtained summary judgment on breach of fiduciary duty and fraudulent conveyance claims for co-founder of Bareburger restaurant chain resulting in large confidential settlement. Stavroulakis v. Pelakanos, 2018 N.Y. Slip. Op. 50180(U) (N.Y. Sup. February 13, 2018).
• Obtained summary judgment dismissing real estate broker’s claim for a $3 Million dollar commission. Georgia Malone & Company, Inc., v. E&M Associates, et al., Index No. 150660/2014 (N.Y. Sup.).
• Obtained dismissal of a lawsuit for breach of fiduciary duty and breach of contract by a partner in an investment advisory firm against his former partner. Goldberg v. GA Capital Partners LLC, Index No. 652748/2015 (N.Y. Sup.).
• Represented Ascot Fund Ltd in an $80 million dollar claw back claim by Irving Picard, In re Bernard L. Madoff Investment Securities LLC, Adv. Pro. No. 08-01789, U.S. Bankruptcy Court, S.D.N.Y.
• Represented merger arbitrage hedge fund as Co-Lead Counsel in a fiduciary duty action that recovered 195% above merger price for cashed-out stockholders. Also obtained a rare second recovery of rescissory damages of an additional 29% above merger price for previously successful appraisal petitioners. Obtained a total class settlement fund of $10.725 million. In re Orchard Enterps. Inc. S’holder Litig. 88 A.3d 1 (Del. Ch. 2014).
• Represented appraisal arbitrage hedge fund in obtaining post-trial judgment of 128% above merger price. Orchard Enterps. Appraisal Litig. 2012 WL 2923305 (Del. Ch. July 18, 2012, aff’d Mar. 28, 2013).
• Settled a derivative claim for $18,900,000 brought by a limited partner of the Bear Stearns. Domestic High Grade Fund, Navigator Capital Partners, L.P. v. Bear Stearns Asset Management Inc. et al., 07-Civ. 07783, S.D.N.Y.
• Obtained complete dismissal after arbitration hearing of a $7 million dollar arbitration claim brought by a customer against his registered investor advisor.
• Obtained $1 million dollar settlement on behalf of managing member of investment advisor against fellow member in connection with breach of fiduciary duty claims.
• Obtained complete dismissal after arbitration hearing of a multi-million dollar claim by investment advisor’s partner who had alleged that he owned half of the investment advisor entity.
• Resolved SEC’s enforcement claims for $40 million dollars of disgorgement and lifetime bar against investment advisor. SEC v. The NIR Group, et al., 11-CV-4723, E.D.N.Y.
• Obtained numerous SEC closure letters on behalf of investment advisors.
• Numerous successful trial verdicts on behalf of clients.
• Numerous successful appellate decisions on behalf of clients.


Doug started his career at Lord Day & Lord, Barrett Smith and then worked at Schulte Roth & Zabel before becoming one of the founding members of Sadis & Goldberg. During the course of his career, Doug has successfully obtained numerous trial verdicts and arbitration awards on behalf of his clients and has successfully argued numerous appeals in both federal and state court. He is a frequent speaker at industry conferences.


Doug received his J.D. in 1990 from Hofstra University School of Law, where he was a member of the law review. He received his B.A. degree in 1987 from Union College. He is a member of the New York and New Jersey Bars, the United States Court of Appeals for the First, Second and D.C. Circuits and the United States District Courts for the Southern and Eastern Districts of New York and the District of New Jersey.


Publications


"The SEC's Approach to the Regulation of Hedge Funds and Private Equity Funds," Cross-border Handbooks, PLC 2006-2007 "Which Offshore Advisors Must Register," 2005 Euromoney Compliance Review Handbook "Arbitration: Be Careful What You Wish For" Hedge Fund Conference Forum, NY Helmsley Hotel, 2004


Memberships and Affiliations


Member of the Hedge Fund Association, 2011, 2012
Member of the Association of the Bar of the City of New York


Honors and Awards


New York Metro Super Lawyer, New York Metro Super Lawyer Magazine, 2013 – 2017
Top Attorney in Metro New York, Selected by Peer Recognition and Professional Achievement, New York Times, 2015

 
Practice Areas
Lawyer Practice Area Pie Chart

Business Litigation (50%): Non-Compete Agreements

Securities Litigation (50%)

Focus Areas

Non-Compete Agreements

Selections

Selected to Super Lawyers for 7 yearsbottom-image

Super Lawyers: 2013 - 2019

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About Douglas Hirsch

Admitted: 1991, New York

Professional Webpage: http://www.sglawyers.com/attorney/douglas-r-hirsch/

Honors/Awards:

  • Top Attorneys in Metro New York, Selected by Peer Recognition and Professional Achievement, New York Times 2015
  • New York Metro Super Lawyer, New York Metro Super Lawyer Magazine 2013 – 2018

Bar/Professional Activity:

  • United States District Courts for the Southern District of New York
  • New Jersey
  • United States Court of Appeals for the D.C. Circuit
  • United States District Courts for the District of New Jersey
  • New York
  • United States Court of Appeals for the Second Circuit
  • United States District Courts for the Eastern District of New York
  • Association of the Bar of the City of New York, Member
  • United States Court of Appeals for the First Circuit

Pro bono/Community Service:

  • Hedge Fund Association, Member, 2012
  • Hedge Fund Association, Member, 2011

Scholarly Lectures/Writings:

  • Hedge Fund Conference Forum, NY Helmsley Hotel, 2004
  • Investors are Experiencing “Hotel California” Syndrome, December 2007
  • “The SEC’s Approach to the Regulation of Hedge Funds and Private Equity Funds,”  Cross-border Handbooks, PLC 2006-2007
  • “Which Offshore Advisors Must Register,” April 19, 2005
  • Euromoney Compliance Review Handbook
  • “Arbitration:Be Careful What You Wish For”
  • Cayman Director Liability in the U.S., June 7, 2016
  • The SEC Loses Four High-Profile Trials in a Two-Month Span:  Circumstances and Lessons, May 14, 2014
  • SEC Loses Four More High-Profile Trials Where it Relied on Circumstantial Evidence and Questionable Materiality Arguments to Prove Insider Trading and Fraud, February 10, 2014
  • Hedge Fund Litigation Trends, September 2009
  • Court Invokes Hedge Fund Anti-Fraud Rule for the First Time, February 2009
  • SEC Loses Claims Regarding PIPE Transaction, April 2008

Newsletters:

  • S&G Investment Manager Alert - March 2016
  • Sadis & Goldberg Investment Management Alert
  • S&G Investment Manager Alert - 2013
  • S&G Investment Manager Alert - August 2015
  • S&G Investment Manager Alert - Jan 2014

Educational Background:

  • Union College, B.A., 1987
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Office Location for Douglas R. Hirsch

551 5th Avenue
21st Floor
New York, NY 10176

Phone: 212-573-6670

Fax: 212-947-3796

Douglas R. Hirsch:

Last Updated: 4/11/2019

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