James Fishback loses arbitration fight as his legal team moves to quit over unpaid fees

James Fishback’s legal and financial woes continue to worsen as he pursues Florida’s top executive post.

This week, Fishback — who is running for Governor — saw his bid to press claims against his former employer outright rejected in arbitration.

It’s the latest setback in a widening series of troubles stemming from his past work for hedge fund Greenlight Capital that now also includes his lawyers seeking to exit the case over unpaid fees.

An unnamed arbitrator with the American Arbitration Association dismissed Fishback’s claims “with prejudice” after finding he failed to participate in the case, comply with discovery or respond to orders.

The arbitrator concluded Fishback had abandoned the arbitration before his arguments were ever tested on their merits.

At issue was a dispute stemming from Fishback’s time at Greenlight from 2021 to 2023, when he worked as a research analyst. Fishback later claimed he held a far more senior role — “head of macro” — overseeing major investment gains, assertions Greenlight has consistently said never existed.

The firm accused him of misrepresenting his position to attract investors to his own venture, Azoria Capital, and of misusing confidential portfolio information. Fishback has acknowledged sharing that information, a key factor cited in both the litigation and the regulatory fallout affecting his business.

A federal magistrate judge ordered Fishback to pay Greenlight roughly $229,000 in January after Fishback failed to respond to a court-ordered deadline. The court authorized the seizure of Fishback’s assets by the U.S. Marshals Service, including Azoria stock certificates and dozens of personal items described as luxury purchases.

The collapse of Fishback’s arbitration claims removes one of his last avenues to offset that liability.

Compounding his exposure, Fishback’s legal representation wants to drop him as a client, citing nonpayment.

In March 12 filings with U.S. District Judge Paul Engelmayer of the Southern District of New York, lawyer Justin Kelton, a partner at Abrams Fensterman LLP, claimed Fishback owes the firm “more than $150,000 in fees and costs,” with most of it overdue by more than 120 days. Fishback, he said,  had trouble keeping up with his legal expenses.

“Defendant has informed the Firm that (i) he is unable to pay the outstanding and overdue balance, and (ii) he will not be able to pay fees that may be incurred for any future work that may be required going forward,” Kelton wrote, adding that in conversations they’d had, Fishback did not dispute that he owned the firm “substantial fees and costs.”

“For the reasons set forth herein,” Kelton continued, “it is respectfully requested that the Court grant Abrams Fensterman, LLP and its attorneys leave to withdraw as counsel in this matter.”

Florida Politics contacted Kelton, who declined to speak about the case or his firm’s issues with Fishback.

In a brief phone call on Thursday, Fishback said he was unfamiliar with the arbitration order or Kelton’s filing from last week. Then, similar to an assertion he made in late January that he would not pay the $229,000 judgment, he said he had no plans to compensate his likely soon-to-be-former lawyers.

“I owe my mother $20 for Chipotle last night, and that’s the only person I’m going to be paying back,” he said.

After Florida Politics emailed Fishback copies of the order and Kelton’s filings, he responded with a statement promising, if elected Governor, to “crack down on frivolous litigation and price gouging.”

Fishback’s unwillingness to pay his legal fees and court damages may be less about willingness than wherewithal. Trustees overseeing Azoria’s funds voted in December to liquidate the company’s two flagship exchange-traded funds (ETFs), one focused on large-cap U.S. companies and another tied to Tesla, citing limited investment interest and the unpleasant scrutiny stemming from Fishback’s legal issues.

Together, the funds held roughly $34 million before shutting down less than six months after launching. The trustees cited their small size and “recent litigation involving a principal” of the firm in deciding to wind them down.

Those and other financial setbacks, including the repossession of Fishback’s Tesla, come as he struggles to gain traction in the Republican Primary for Governor.

Campaign finance records show he raised less than $19,000 through the end of 2025, far behind opponents who have amassed millions. Much of his support has come from out-of-state donors, raising additional questions about his viability.

His candidacy also faces potential eligibility concerns. Records show Fishback has been registered to vote in both Florida and Washington, D.C., since 2020, and he owns a homesteaded property in Washington.

Florida law requires gubernatorial candidates to be state residents for at least seven years, a threshold his dual registration and property records could complicate.

Fishback has drawn unfavorable attention for other controversies.

Court filings reviewed by Florida Politics detail allegations from a former fiancée who said she met Fishback as an underage participant in his high school debate program and that he began a relationship with her when he was 27, and she was 17, later harassing her after their breakup.

A judge denied her request for a protective injunction, finding insufficient evidence of stalking or emotional distress, though the underlying allegations were not adjudicated.

Fishback has denied wrongdoing and called the accusations false.

Fishback has also faced backlash for inflammatory rhetoric and associations. He has repeatedly used racially charged language to describe Republican rival Byron Donalds, a Black Congressman, and appeared last month during a Miami campaign swing alongside internet personalities associated with the so-called “manosphere,” known for antisemitic and extremist views.

During the stop, Fishback joked about being seen with a “Hitler sympathizer” while traversing downtown with streamer Sneako, whose misogyny, antisemitism, conspiracy theories and extremist-adjacent views led to bans on multiple media platforms.

He also participated in a podcast hosted by Myron Gaines, who regularly denigrates women, has praised Adolf Hitler and performed a Nazi salute in a video posted online in January after he and other influencers got Ye’s song, “Heil Hitler,” played in a Miami Beach nightclub.

Polling this year from both Mason-Dixon and Fabrizio Lee & Associates shows Donalds leading the Republican Primary, with at least a fivefold advantage over his closest competitor. Mason-Dixon has Donalds at 37% support, compared to 7% for Lt. Gov. Jay Collins, 4% for former House Speaker Paul Renner and 3% for Fishback. Fabrizio Lee & Associates has Donalds at 47%, with Fishback trailing in a distant second with 5% support.

Patriot Polling, a conservative survey firm that queried likely voters through late January, found Donalds with 37% support compared to 23% for Fishback. Among voters 18-29, Fishback had a 5-percentage-point lead over Donalds in the poll.