Brian S. Fraser represents clients in a wide variety of complex commercial and financial matters. He routinely represents participants in the equity, debt, structured finance, municipal finance, derivatives and insurance markets. In commercial and intellectual property litigation, Mr. Fraser has extensive experience representing clients in breach of contract, antitrust, trademark and trade secrets cases. He has successfully represented plaintiffs and defendants, in state and federal courts across the country and in arbitrations and mediations. Illustrative representations include: An aircraft manufacturer in wrongful death and tens of billions of dollars in property damage claims arising from the terrorist attacks on September 11, 2001; a major monoline bond insurer in numerous lawsuits throughout the United States arising from the insurer’s credit ratings downgrade during the financial crisis; a Chinese government-owned corporation in civil litigation in the U.S. and a multi-jurisdictional criminal investigation arising from a Ponzi scheme that victimized the company’s U.S. subsidiary; a major fitness equipment manufacturer in antitrust and patent infringement litigation against its largest competitor; and a major hedge fund in a dispute over defaulted credit default swap protection providing "pay as you go" protection on notes issued by a CDO. In addition, Mr. Fraser is a regular speaker and writer on a variety of topics, including securities law, municipal bonds, capital markets and trial practice. He is most recently the author of “When Do Hedge Fund Managers Have a Duty to Disclose Material, Nonpublic Information?” and “Big Boys Don’t Cry: How “Big Boy” Provisions Can Help Hedge Fund Managers Avoid Liability for Insider Trading Violations” in the November 19 and December 3, 2009 issues of the Hedge Fund Law Reporter and the chapter titled “Proving Lost Profits Under New York Law: High Hurdles for the Plaintiff’s Damages Expert” in Inside the Minds: New Developments in Evidentiary Law in New York (January 2010). He recently participated in panel discussions titled "State of the States Panel Discussion: Is Default and Muni-Bailouts in their Future?" at the Construction Industry Round Table Spring Conference and "Receiving Information, Managing Risk, and Preserving Liquidity: Strategies for the Current Regulatory Landscape" at the Alternative Asset Management General Counsel Luncheon. He is a member of the Association of the Bar of the City of New York (Antitrust and Trade Regulation Committee, 1991 to 1994), the American Bar Association (Sections on Antitrust, Litigation, Securities, Dispute Resolution and Intellectual Property), the International Bar Association and the Federal Bar Council. He has been recognized as a New York Super Lawyer for Business Litigation, and in 2009 he was named a Fellow of the Litigation Counsel of America, a trial lawyer honorary society. 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 he has been admitted to practice before numerous federal and state trial courts around the country on a pro hac vice basis.
New York Super Lawyers 2011 - Metro Edition
New York Super Lawyers 2010 - Metro
New York Super Lawyers 2007 - Metro

Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations and peer evaluations.