Nathan A. Fishbach - Attorney, White Collar Compliance

Nathan A. Fishbach

Experience Profiles:

Attorney
(414) 978-5414 / nfishbach@whdlaw.com

EXPERIENCE PROFILE White Collar Compliance

Nathan Fishbach is a shareholder at Whyte Hirschboeck Dudek where he focuses upon complex civil and white collar litigation as well as representing corporations, governmental entities and professionals in compliance matters.

Prior to joining Whyte Hirschboeck Dudek in 1993, Mr. Fishbach served in the U.S. Attorney's Office for the Eastern District of Wisconsin for over 13 years, where he held a variety of posts, including Interim U.S. Attorney, Deputy U.S. Attorney and Civil Division Chief. A major focus of Mr. Fishbach's work was in the prosecution of complex financial cases.

Mr. Fishbach is the Founding President of Eastern District of Wisconsin Bar Association. The Wisconsin Law Journal named Mr. Fishbach as one of the 22 "Leaders in the Law 2008" for his role in founding this group. Mr. Fishbach is the co-author of Federal Crime Restitution (2009 Ed.), published by West in 2008. Mr. Fishbach is the co-author of Wisconsin Methods of Practice (4th Edition), a four volume hornbook on Wisconsin substantive law.

While serving in the U.S. Attorney’s Office:

Served as lead trial counsel (and lead appellate counsel) in successful criminal prosecutions of complex fraud and tax cases in federal court, many with multiple defendants, including United States v. Bertucci, 730 F. Supp. 1483 (E.D. Wis. 1990), aff’d. sub nom. United States v. Lawrence, 934 F.2d 868 (7th Cir. 1991); United States v. Doerr, 886 F.2d 944 (7th Cir. 1989); and United States v. Gurtunca, 638 F. Supp. 296 (E.D. Wis. 1986), aff’d, 836 F.2d 283 (7th Cir. 1987).

Served as Civil Division Chief, supervising handling of civil litigation in U.S. Attorney’s Office.

Successfully defended federal agencies in a wide variety of civil matters, such as medical malpractice (including the federal swine flu vaccine program), Title VII, government contract, environmental, and Bivens actions.

In private practice:

Represents professionals, businesses, and governmental entities, particularly in matters relating to compliance issues.

Conducts corporate compliance investigations.

Successfully defended county in federal class action with over 10,000 potential class members. Gustafson v. Polk County, 226 F.R.D. 601 (W.D. Wis. 2005).

Served as Special Counsel to the Racine, Wisconsin Police Department to litigate (successfully) disciplinary hearing against police official relating to federal criminal investigation.

Successfully defended (in federal trial and appeal) county voting re districting plan. Frank v. Forest County, 194 F. Supp.2d 867 (E.D. Wis. 2002), aff’d., 336 F.3d 570 (7th Cir. 2003).

Successfully defended (in federal civil trial and appeal) law enforcement officers charged with civil rights violations arising from shooting death. Deering v. Reich, 183 F.3d 645 (7th Cir. 1999).

Successfully represented school district and public officials in discrimination case. Beischel v. Stone Bank School District, 362 F.3d 430 (7th Cir. 2004).

Develops prosecution packages for federal and state law enforcement for victims of white collar fraud.

PROFESSIONAL PROFILE


Awards and Distinctions
-	2008 Wisconsin Law Journal's Leader in the Law Award (one of 22 practitioners selected)
-	Founder's Award, Eastern District of Wisconsin Bar Association, 2008
-	Award from Federal Bureau of Investigation
-	Named Honorary Special Agent, Internal Revenue Service’s Criminal Investigation Division
-	Award from United States Department of Health and Human Services’ Inspector General-Office of Investigations
-	Award from United States Environmental Protection Agency’s Office of Criminal Enforcement
-	Award from United States Bureau of Alcohol, Tobacco, and Firearms
-	Award from U.S. Department of Justice (Director’s Award) for defense of Federal Highway Administration in complex civil matter
-	Lawyer of the Year, Milwaukee Bar Association, 2005
-	President’s Award, State Bar of Wisconsin (2004) (for co chairing “Building to Success” statewide program for new attorneys)
-	President’s Award, State Bar of Wisconsin (1999) (for co-chairing “Building the Future” $1.2 million fundraising campaign for State Bar building)
-	President’s Award, State Bar of Wisconsin (1997) (for co developing “Law Talk” cable television show)
-	Lawyer of the Year, Milwaukee Bar Association, 1996
-	Prosecutor of the Year, Milwaukee Bar Association, 1988
-	Recognized as one of the Top 50 Wisconsin Super Lawyers in 2008 and 2009
-	Selected for inclusion in The Best Lawyers in America® in Commercial Litigation and Criminal Defense: White-Collar (2009 - 2010)

Education
-	Villanova University Law School, J.D., 1978
-	George Washington University, B.A., Phi Beta Kappa, 1974

Professional Associations
-	Federal Nominating Commission - Wisconsin (2009-present)
-	Senator Herb Kohl’s Advisory Committee on Supreme Court Nominations (2005, 2009)
-	Seventh Circuit Committee on Pattern Criminal Jury Instructions, Member (2008-present)
-	Jewish Family Services, Chair, Board of Directors (2008-present)
-	Project Safe Neighborhoods Competitive Grant Program Committee (2003, 2004, 2007, 2008, 2009) (appointed by U.S. Attorney’s Office, Eastern District of Wisconsin)
-	Nicolet High School Foundation, President (2006-2009)
-	Marquette University Law School Advisory Board (2005-present)
-	Advisory Committee on Seventh Circuit Rules (2005-present)
-	National Association of Former United States Attorneys, Member
-	American Law Institute (elected, January 2004)
-	Priest Misconduct Review Panel, Jesuit Provencal (2003-present)
-	Eastern District of Wisconsin Bar Association, Founding President (2002-2003)
-	Milwaukee Bar Association Sesquicentennial Steering Committee, Co-Chair (2007-present)
-	President, Milwaukee Bar Association (1993-1994)
-	State Bar of Wisconsin, Board of Governors (1995-2001, 2002-2004); Chair of Board of Governors (1998-1999)
-	Rated “AV” by Martindale-Hubbell
-	American Inns of Court, Master

Speeches and Publications
-	Federal Criminal Restitution, Co-authored with Catherine M. Goodwin and Jay E. Grenig, West, 2008 (2009 Ed.)
-	Wisconsin Practice: Methods of Practice, Co-Authored with Jay E. Grenig, Fourth Edition, Thomson - West, 2004 (Supp. 2009) (four volume hornbook on substantive Wisconsin law)
-	Addressing Allegations of Corporate Crimes: Initial Considerations for the Corporate Counsel, in 6 Paul D. Bauer, et al, Co-Authored with William J. Mulligan, Wisconsin Business Advisor: Business Litigation ch. 3 (State Bar of Wisconsin CLE Books 2006) (Supp. 2009)
-	What the Filip Memo Means to Corporate Counsel, Co-Authored with William Mulligan, Wisconsin Law Journal, September 15, 2008
-	A Memo to the C-Suite on Confronting the Unexpected, Corporate Report Wisconsin, February 2009
-	Panel Discussion: "Plea Bargaining from the Criminal Lawyer's Perspective: Plea Bargaining in Wisconsin", Symposium: Dispute Resolution in Criminal Law (panelist), 91 Marq. L. Rev. 357 (2007)
-	Steps to Take When Your Business is Victimized: Privilege Can Be Compromised, November/December 2008 issue of Executive Counsel Magazine
-	Are the McNulty Memo’s Changes Significant?, Wisconsin Law Journal, January 15, 2007
-	The McNulty Memo: Why it Matters to Corporate Counsel, Wisconsin Law Journal, January 8, 2007
-	When It Hits the Fan: A Review of 'Stop the Presses', Wisconsin Law Journal, May 29, 2008
-	Reading the Fine Print, Wisconsin Law Journal, February 11, 2004
-	Reflections of a Former Prosecutor, The Wisconsin Lawyer, September 2003
-	Preventive Medicine for Doctors, The State Medical Society Journal, Issue No. 6, 2001
-	Wisconsin Practice: Civil Procedure Forms, Co-Authored with Jay E. Grenig, Thomson - West, 1999 (Supp. 2009)
-	Federal Civil Procedure and Evidence During Trial, Lead Co-Author, 7th Circuit, American Inns of Court Series, Lawyers Cooperative Publishing Company, 1997
-	Submitting False Lab Reports: An Environmental Crime, National Environmental Enforcement Journal, Vol. 7, No. 6, The Wisconsin Lawyer, Vol. 65, No. 5, May 1992
-	The Paper Chase Revisited: A Primer in Trial Preparation for the Novice Attorney, The Milwaukee Lawyer, Vol. 9, No. 3, 1986

Teaching Positions
-	Lectures attorneys at national conferences on the federal litigation process
-	Instructed federal and state law enforcement officials (including the Federal Bureau of Investigation and the Internal Revenue Service’s Criminal Investigation Division) on trial tactics
-	Instructor, Attorney General’s Advocacy Institute, Department of Justice (criminal, civil, appellate)