Keith M. Fleischman

Keith Fleischman is a nationally recognized litigator and trial lawyer having successfully investigated, litigated and tried to verdict some of the largest and most complex civil and criminal prosecutions in the United States. Mr. Fleischman’s practice presently focuses on representing public and private companies, financial institutions, and institutional and individual investors in connection with the prosecution and defense of complex financial and commercial litigation on a national scale.

Mr. Fleischman began his legal career with the Bronx District Attorney’s Office in the Investigations Bureau and then the elite Major Offense Bureau, where he investigated and successfully tried numerous cases, including one of the first state court bank fraud prosecutions. He was also cross-designated as an Assistant United States Attorney during a joint state and federal investigation into corruption by New York City public officials. 

In 1988, Mr. Fleischman joined the United States Department of Justice, Criminal Division, Fraud Section as a trial lawyer. During his tenure, he supervised international undercover operations involving counterfeiting, money laundering and passport fraud. He also successfully tried to verdict several of the largest criminal prosecutions brought by the government during the savings and loan crises, including serving as the chief federal prosecutor in a two year investigation that culminated in a four month trial, United States v. Heath, 970 F.2d 1397 (5th Cir. 1992). The defendants received the largest sentences obtained during the savings and loan prosecution of 30 and 20 years respectively.

In 1990, Mr. Fleischman accepted a position as an Assistant United States Attorney in the United States Attorney’s Office for the District of Connecticut, where he was in charge of financial fraud, originated the Connecticut Bank Fraud Working Group and was a member of the New England Bank Fraud Task Force Coordinating Committee. As an AUSA, he successfully investigated and prosecuted major financial, violent and white-collar violations. 

After leaving the government, Mr. Fleischman spent eleven years at the national plaintiffs’ firm Milberg, Weiss, Bershad, Hynes & Lerach, where he rose to Senior Managing Partner and established himself as one of the premier plaintiffs’ lawyers in the United States. During this period, Mr. Fleischman litigated and negotiated to settlement numerous high profile individual and class actions. Among other accomplishments, he investigated and successfully tried to verdict a securities fraud case against a former big six accounting firm, Robbins v. Koger Properties, Inc., 116 F.3d 1441 (11th Cir. 1997). Mr. Fleischman also litigated and argued before the Second Circuit the precedent-setting decision of Novak v. Kasaks, 216 F.3d 300 (2nd Cir. 2000), a significant decision regarding the PLSRA that has been cited and followed by courts throughout the United States. 

Prior to founding the Fleischman Law Firm in 2011, Keith served as a Director in the New York office of Grant & Eisenhofer, litigating high profile complex cases and class actions. While at G&E, Mr. Fleischman spent four years as co-lead counsel litigating and ultimately negotiating a $400 million settlement with Marsh & McLennan. Mr. Fleischman has been lead or co-lead counsel and chief litigator in numerous successful litigation actions (see current and notable representation). 

Mr. Fleischman has been a trial practice instructor at the Trial Practice Institute of the U.S. Justice Department, and served for ten years as co-chairman of the Practicing Law Institute’s annual conference on class actions. He has lectured in the United States, Canada and Europe on the investigation, litigation and prevention of securities and financial fraud.

Education

Admissions

Organizations

News

• January 2, 2014
  The American Lawyer Honors Skadden’s Litigation Practices

• June 28, 2012
  Supreme Court Narrowly Upholds Health Reform Law but Limits Congress’ Authority Over States

• June 5, 2011
  Michael Loucks Profiled in The New York Times

• April 27, 2011
  “FDA Resurrects Park Doctrine in Enforcement of Pharmaceutical GMPs”

• September 7, 2010
  Skadden Named One of the “Fearsome Foursome” Litigation Firms and One of Two “Securities Litigation Powerhouses”

• July 1, 2010
  Former Top Federal Health Care Fraud Prosecutor Michael K. Loucks Joins Skadden

Publications

• Health Care and Life Sciences: Affordable Care Act Rollout to Impact M&A and Enforcement Activity
  January 16, 2014 | *Skadden’s 2014 Insights – Regulatory

• Health Care Enforcement Update: What Is in Store for the Next Five Years
  June 25, 2013 | Skadden, Arps, Slate, Meagher & Flom LLP

• Takeaways From Largest Drug Safety Settlement
  June 14, 2013 | Law360 

• OIG Releases Updated Provider Self-Disclosure Protocol
  May 21, 2013 | Skadden, Arps, Slate, Meagher & Flom LLP 

• Ranbaxy Resolves Criminal and Civil Charges Through Record Settlement
  May 15, 2013 | Skadden, Arps, Slate, Meagher & Flom LLP

To view a complete list of publications by Michael K. Loucks, please click here.

Events

• October 8, 2013
  Third Annual Pharmaceutical and Medical Device Seminar for Corporate Counsel

• July 18, 2013
  Medical Device Enforcement: Recent Settlements and Strategies to Reduce Risk

• May 7, 2013
  A Window to the U.S. – Developments in Health Care and Life Sciences Investigations, Enforcement and Litigation, and the Effects on Transactions

• February 7, 2013
  Skadden’s Third Annual Pharmaceutical, Biotechnology and Medical Device Seminar

• October 1-3, 2012
  Transparency and Anti-Corruption for the MedTech Industry

To view a complete list of events with Michael K. Loucks, please click here.