Max recently joined Meissner Tierney Fisher and Nichols S.C., having spent 25 years (15 of them as a partner) with an AmLaw 50 firm. Max is an experienced commercial litigator and his practice encompasses antitrust, business torts, contract disputes, post-acquisition disputes, and shareholder and member litigation, with a particular focus on the insurance and reinsurance industries.
Max is known for his strategic thinking, business acumen, and practical approach to resolving commercial business disputes. He takes a hands-on approach to every matter and is committed to achieving the best possible outcome for his clients through thorough preparation, tenacity, responsiveness, and sound judgment. He has participated in more than a dozen trials and final evidentiary arbitration hearings.
In addition to his commercial litigation practice, Max has substantial experience handling complex cross-border disputes and international commercial arbitrations. He also counsels clients on compliance with the U.S. Foreign Corrupt Practices Act (FCPA), including compliance reviews and internal investigations involving international operations of U.S. businesses. Max regularly advises foreign companies and individuals on conducting business in the United States.
In the areas of insurance and reinsurance, Max’s representative matters include representing U.S. and foreign cedents and reinsurers in complex reinsurance disputes involving misrepresentation at placement, misclassification of ceded business, allocation of losses, automatic commutation provisions, claims-handling practices, classification of COVID-related losses as “natural peril,” and cession of Ukrainian aviation losses. He has represented U.S. insurance carriers in market conduct examinations and other regulatory inquiries, as well as in disputes involving vendors and other service providers, managing general agents, third-party administrators, and captives.
In other commercial litigation and cross border disputes, Max’s representative matters include representation of a U.S. subsidiary of a Canadian generic drug manufacturer in one of the largest antitrust cases in U.S. history involving alleged price-fixing and market-allocation schemes concerning more than 100 generic drugs; representation of a Ukrainian pharmaceutical company in a California-venued case involving issues of patent ownership and financial fraud; representation of a Bolivian surety company in connection with claims arising from bonds issued for a major construction project in Bolivia; numerous post-acquisition disputes involving allegations of misrepresentations, net working capital adjustments and representations and warranties insurance coverage issues.
A native Russian speaker, Max is also fluent in Ukrainian.
Honors
Professional Organizations
- US Reinsurance and Insurance Arbitration Society (ARIAS US)
- American Bar Association, International Law Section
Speeches & Publications
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- Presenter, “Should Covid-19 be Considered a Natural Peril,” AIRROC Quarterly Meeting, July 1, 2024
- Co-author, “10th Circ. Highlights US Court Discretion On Arbitral Awards,” Law360, May 24, 2023
- Co-author, “In Search for Clarity: U.S. Court Decisions On Whether to Imply Follow -the-Fortunes and Follow-the-Settlements Principles Into Reinsurance Contracts,” Arias U.S. Quarterly, 17 May 2023
- Co-author, “Resolving Business Disputes: U.S. Discovery in Aid of International Private Commercial Arbitration,” Wisconsin Lawyer (November 10, 2020)
- Co-author, “Constitutional Challenges to Proposed Retroactive COVID-19 Coverage Legislation,” FORC Journal (3rd ed., Vol. 31) (2020)
- Co-author, “U.S. Discovery in Aid of International Private Commercial Arbitration,” Arias U.S. Quarterly (September 2020)
- Presenter, “Arbitration and Securities Litigation in the US,” School of Magistrates of the Rio de Janeiro State (Escola da Magistratura do Estado do Rio de Janeiro)” (August 27, 2020)
- Presenter, “Beyond Policy: The Practical Realities of Russia-Ukraine-US Commercial Transactions and Litigation,” Center for Russia, East Europe, & Central Asia at the UW—Madison (September 27, 2018)
- Presenter, “What In-House Counsel Should Know about Arbitration, the Preferred Method of Resolution of International Disputes,” Celesq Attorneys Ed Center Webinar, January 27, 2015
- Presenter, “Reinsurance Broker Liability: Lessons from the Past, Predictions for the Future?” 2014 BRMA Conference, Tampa, Florida
- Presenter, “Foreign Corrupt Practices Act – What exactly is it?” BRMA Committee Rendezvous, April 22, 2013
- “Introduction of the FCPA to the Reinsurance Industry,” Journal of Reinsurance – IRU, Inc. – Intermediaries and Reinsurance Underwriters Association (Vol. 19, No. 3, Summer 2012)
- Co-author, “FCPA Investigation Costs – Are You Covered?” The Corporate Counselor (Vol. 26, No. 9, January, 2012)
- Co-author, “The FCPA and Insurance: Am I Covered or Should I Be?” Risk & Insurance, November 21, 2011
- Presenter, “Do Reinsurers Have to Pay? Always?” XIV Annual All-Russia Reinsurance Conference, March 23-24, 2010, Moscow, Russia
- Presenter, “Advantages and Disadvantages of Arbitration as a Mechanism to Resolve International Reinsurance Disputes,” XIII Annual All-Russia Reinsurance Conference, March 24- 25, 2009, Moscow, Russia
- Presenter, “Current Legal Issues In the Global Reinsurance Market,” XIII Annual All-Russia Reinsurance Conference, March 24-25, 2009, Moscow, Russia
- Co-author, “The Rise In Litigation From FCPA Enforcement,” Securities Law360: Litigation, Policy & People News, February 10, 2009
- Co-author, “The Role of Federal Courts in Consolidating Reinsurance Arbitrations: The Latest Cases — Many Questions Still Unanswered,” New Appleman on Insurance: Current Critical Issues in Insurance Law, Matthew Bender & Company, Inc., April 2008
- Presenter, “Reinsurance Arbitrations and Terrorism Insurance,” New Appleman’sTM Insurance Coverage Teleconference, April 9, 2008
- Presenter, “Ways to Achieve Transparency in Reinsurance,” XII Annual All-Russia Reinsurance Conference, March 27-28, 2008, Moscow, Russia
- Presenter, “Legal Aspects of Reinsurance Brokerage Services,” XII Annual All-Russia Reinsurance Conference, March 27-28, 2008, Moscow, Russia
- Co-author, “Supreme Court Further Restricts Private Securities Claims Alleging Deceptive Conduct,” Corporate Directors Forum, Jan. 18, 2008
- “The Aftermath of the Airplane Accident: Recovery of Damages for Psychological Injuries Accompanied by Physical Injuries Under the Warsaw Convention,” Marquette Law Review 84 (1)