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< Directory Brian S. Fraser

Brian S. Fraser has been representing and advising clients in complex commercial and financial matters for more than 25 years. In financial litigation, Mr. Fraser represents clients in capital markets, derivatives, securities, including asset-backed securities, corporate governance and insurance litigation. Mr. Fraser represents hedge funds, fund managers, institutional investors, insurers, investment banks, and other clients involved in disputes arising from transactions or investments in the equity, debt, structured finance and derivatives markets.

In commercial litigation, Mr. Fraser has extensive experience representing manufacturing and other commercial clients in mass tort, antitrust, breach of contract and intellectual property matters.

Mr. Fraser has successfully represented plaintiffs and defendants in state and federal courts across the country and in arbitrations and mediations.

He also frequently advises clients on litigation risk and avoidance in connection with transactions and has often been called upon to evaluate likely litigation outcomes.

Illustrative representations include:

  • The Boeing Company in wrongful death and tens of billions of dollars in property damage claims arising from the terrorist attacks on September 11, 2001;
  • Financial Guaranty Insurance Company in litigation with municipalities throughout the United States arising from the insurer’s credit ratings downgrade during the financial crisis;
  • Institutional investors including a university endowment in an involuntary winding up proceeding against a hedge fund in the Cayman Islands; 
  • A Chinese government-owned corporation in civil litigation in the U.S. and a multi-jurisdictional criminal investigation arising from a Ponzi scheme that cost the company’s U.S. subsidiary tens of millions of dollars;
  • A fitness equipment manufacturer in antitrust and patent infringement litigation against its largest competitor;
  • A significant investor in a group of hedge funds that defaulted on credit default swap protection providing "pay as you go" protection on notes issued by a CDO; and 
  • A large investment bank in substantial broken trade litigation against a foreign bank.

In addition, Mr. Fraser is a regular speaker and writer on a variety of topics, most recently including municipal bonds, securities, bank debt and trial practice.

He is a member of the Association of the Bar of the City of New York, the American Bar Association (Section of Business Law, Subcommittees on Civil Litigation and SEC Enforcement Matters, Private Investment Entities, and Federal Regulation of Securities; Section of Litigation; Committee on Securities Litigation), the International Bar Association, and the Federal Bar Council. Mr. Fraser is a member of the Managed Funds Association and the Hedge Fund Roundtable. He has been named a Fellow of the Litigation Counsel of America and has repeatedly been recognized as a New York Super Lawyer for Business Litigation.

Mr. Fraser is a member of the New York bar and is admitted to practice before the United States District Courts for the Southern and Eastern Districts of New York, the United States Court of Appeals for the Second Circuit and the United States Supreme Court and has been admitted to practice before numerous federal and state trial courts around the country on a pro hoc vice basis.

Honors & Awards

  • Selected by Super Lawyers magazine as a New York Super Lawyer for Business Litigation (2007, 2010, 2011) 
  • Named as Fellow, Litigation Counsel of America, 2009

News

Seminars & Speaking Engagements

Publications

Professional & Community Affiliations

  • Member, Association of the Bar of the City of New York (Antitrust and Trade Regulation Committee, 1991 to 1994)
  • Member, American Bar Association (Section on Business Law, Committees on Civil Litigation and SEC Enforcement Matters, Private Investment Entities, and Federal Regulation of Securities; Section of Litigation, Committee on Securities Litigation)
  • Member, International Bar Association
  • Member, Federal Bar Council
  • Member, Managed Funds Association
  • Member, Hedge Fund Roundtable
  • Fellow, Litigation Counsel of America
Photo of Brian S. Fraser

New York Office
T:  212.530.1820
F:  917.344.8820
E: 
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Clerkship(s)
  • Honorable William H. Timbers, United States Court of Appeals for the Second Circuit
Education
  • Fordham University School of Law, J.D., 1984
  • Manhattanville College, B.A., 1978
Bar and Court Admissions
  • New York
  • United States District Courts for the Southern and Eastern Districts of New York
  • United States Court of Appeals for the Second Circuit
  • United States Supreme Court