Paul S. Mishkin is the founder of Mishkin Litigation, PLLC and has more than 20 years of experience handling complex commercial litigation. Before founding Mishkin Litigation, he practiced for 18 years at Davis Polk & Wardwell LLP, including 10 years as a litigation partner, and previously practiced at Wachtell, Lipton, Rosen & Katz.
Paul has extensive experience litigating high-stakes commercial disputes in federal and state courts. His practice has spanned a broad range of complex civil matters, including contract, business and financial, real estate, securities, antitrust, and class action disputes. He has served as lead litigation counsel in major commercial disputes and has advised clients on litigation strategy, risk, and resolution.
Through Mishkin Litigation, Paul provides independent strategic advice and client-side oversight in significant litigation. His work includes assessing claims and defenses, evaluating litigation strategy and settlement options, and advising on the selection and management of counsel and other litigation resources. His practice is designed to bring senior litigation judgment and cost discipline to consequential disputes.
Training
Harvard Law School
J.D., 2004, cum laude
Harvard Law Review
Yale University
B.A., 2000, Economics and Math, magna cum laude
Law Firm Experience
Davis Polk & Wardwell, LLP
Litigation Partner (2013 - 2024)
Litigation Associate (2006 - 2013)
Wachtell, Lipton, Rosen & Katz
Litigation Associate (2004 - 2006)
Summer Associate (2003)
Recognition
Benchmark Litigation – “Litigation Star” rating
Thomson Reuters – 2024 “Stand-out Lawyers”
American Lawyer, Litigation Daily –
Runner-up Litigator of the Week, July 2020
Other Experience
Columbia Law School
Lecturer, U.S. Civil and Criminal Enforcement of International Cartels (2024 - present)
Mobilization for Justice
Development Committee Co-Chair (2023 - present)
Board Member (2021 - present)
Instituto Superior de Derecho y Economía
Professor, Introduction to U.S. Civil Litigation
(2014 - 2024)
Bar Admission
New York
Litigation Matters
Civil Litigation
Served as defense group "liaison counsel" in U.S. Dollar LIBOR multi-district litigation in S.D.N.Y.
Represented multiple major financial institutions in numerous class action lawsuits alleging price-fixing, manipulation, and group boycotts impacting benchmark rates and financial instruments (e.g., LIBOR, FX, CDS, Treasuries, European Government Bonds, Mexican Government bonds, SIBOR, CDOR)
Represented major pharmaceutical company and defense contractor as lead litigation counsel in Antiterrorism Act litigations
Represented major agricultural company as lead litigation counsel in multi-jurisdictional, complex antitrust litigations involving FTC, state AGs, and private plaintiffs
Represented major financial institution as lead litigation counsel in consumer class actions related to sweep accounts
Represented major stock exchange as lead litigation counsel in numerous challenges to SEC regulatory action (e.g., D.C. Circuit challenge of SEC's "transaction fee pilot" and "NMS governance order," SEC proceedings involving direct listing rules and proxy forwarding fees)
Represented major crypto company in high-profile successful D.C. Circuit challenge of SEC's disapproval of spot bitcoin ETF
Numerous other representations across various subject matters (e.g., contract, False Claims Act, securities, Telephone Consumer Protection Act) for various client types (e.g., private equity, pharmaceutical companies, financial institutions, operating companies)
Government investigations
DOJ/SEC/FINRA matter regarding alleged spoofing in U.S. Treasuries
SEC matter regarding alleged fraud and inflated markups in secondary market trading of non-agency RMBS
Multiple representations in internal investigations and FINRA enforcement actions regarding trading system operational issues and other topics