Ernest Badway is co-chair of the firm’s Securities Industry Practice and advises clients on a broad range of business matters, including securities, intellectual property, employment, corporate governance, partnership disputes, contracts and litigation. He also counsels clients on the creation of broker-dealers, hedge funds and investment advisers as well as compliance and regulatory matters relating to their operations.

Ernest is also the former co-chair of the firm’s White Collar Compliance & Defense Practice and has extensive experience in representing individual and corporate clients in internal investigations.

His clients include:

  • corporations
  • limited liability companies
  • partnerships
  • broker-dealers
  • investment advisers
  • private equity and hedge funds
  • banks
  • insurance companies

Ernest is well-versed in Title III of the Americans with Disabilities Act and is experienced in counseling owners and operators of a variety of premises in compliance with the ADA as well as state and local laws relating to persons with disabilities. Specifically, he has experience defending restaurants and retail operators with such claims in federal and state courts and in administrative proceedings and before the U.S. Department of Justice.

A frequent speaker and author on topics affecting corporations, executives and their employees, Ernest has moderated and participated in many forums, most notably with the American Bar Association, the New York County Lawyers’ Association, the American Conference Institute, the New Jersey Trial Lawyers’ Association and the Association of Corporate Counsel of America.

He is the author of Encyclopedia of New York Causes of Action: Elements and Defenses (New York Law Journal Books, May 2015, 7th ed.), “Chapter 109: The Attorney-Client Privilege and the Work Product Doctrine,” Securities Law Techniques (September 2014) and contributing author for Chapters 1 and 2 of Securities Law Series: Securities Crimes, Vol. 21 (Thomson Reuters/West, September 2014).

Ernest has also published articles in the Rutgers Law Review, New York Law Journal, New Jersey Law Journal, the ABA’s WCC Bulletin and industry publications such as The Registered Rep. Magazine and The Hedge Fund Law Report.

Numerous media outlets have turned to Ernest for his analysis of securities enforcement and corporate governance issues. He has served as a commentator for CNBC, Bloomberg Television News, Bloomberg Radio, KFXN All News Radio, the Los Angeles CBS Radio affiliate and the public television show “Lawline.” He has also been quoted in The New York Times, Newsday, New York Post, The Star Ledger, The Record, The Birmingham Daily Record, USA Today, New York Law Journal,,, Fortune magazine and, among others.

Before Fox Rothschild

Prior to joining the firm, Ernest was an SEC enforcement attorney and a partner at a New Jersey/New York area law firm.

Beyond Fox Rothschild

Ernest is an adjunct Assistant Professor of Law at Brooklyn Law School where he teaches a course in securities fraud enforcement. He has been appointed an arbitrator and mediator for The Financial Industry Regulatory Authority, Inc. (formerly, the NASD and NYSE); an arbitrator for the NFA; and an arbitrator and mediator for the New Jersey State Courts. Ernest previously served as treasurer for the New York County Lawyers’ Association.

Ernest previously served as treasurer for the New York County Lawyers’ Association.

Honors & Awards

  • Martindale Hubbell "AV" rated
  • Named a "Super Lawyer" for Securities Litigation by New York Super Lawyers and Law & Politics Magazine (2010-2017)
  • Named to “Super Lawyers Business Edition” in the area of Securities Litigation (2013)
  • Named among the "New Jersey Super Lawyers" by New Jersey Monthly (2005-2007)
  • Named to "40 Under 40," by New Jersey Law Journal honoring the top 40 lawyers in New Jersey under the age of 40 (2004)