Carmine D. Boccuzzi Jr.
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Carmine D. Boccuzzi is a partner based in the New York office.
Mr. Boccuzzi’s litigation and arbitration practice covers a broad range of complex civil litigation matters, with an emphasis on international disputes, including those involving foreign states and state-owned entities, and domestic disputes involving the capital markets and antitrust issues. International Litigation and Arbitration. Mr. Boccuzzi has litigated and arbitrated disputes as counsel both to foreign states and foreign state-owned instrumentalities. He most recently successfully defeated claims by bondholders against Petrobras, the Brazilian state-owned oil company, Rogers v. Petroleo Brasileiro, S.A., 2012 WL 806812 (2d Cir. March 13, 2012). Since 2002, Mr. Boccuzzi has successfully defended the Republic of Argentina in cases brought against it in connection with Argentina’s 2001 economic crisis, including obtaining the vacatur of over $2 billion in class judgments, Seijas v. Argentina, 606 F.3d 53 (2d Cir. 2010), and defeating attempts to attach assets of Argentina and its instrumentalities, NML Captial Ltd. v. Argentina, 652 F.3d 172 (2d Cir. 2011), Aurelius Capital Partners, LP v. Republic of Argentina, 584 F.3d 120 (2d Cir. 2009), 2010 WL 768874 (S.D.N.Y. Mar. 5, 2010), 2010 WL 2925072 (S.D.N.Y. July 23, 2010), and to enjoin the launch and subsequent closing of capital markets transactions by the Republic.Rossini v. Argentina, 2011 WL 2600404 (2d Cir. July 1, 2011); Urban v. Argentina, 2010 U.S. Dist. LEXIS 40580 (S.D.N.Y. Apr. 26, 2010). Mr. Boccuzzi obtained the vacatur of an attachment against an instrumentality of the Republic of Chile, successfully arguing that the court lacked jurisdiction to restrain an electronic funds transfer of a non-judgment debtor. Macatra B.V. v. Destiny Navigation, 2010 WL 339775 (S.D.N.Y. Jan. 27, 2010). Mr. Boccuzzi represents domestic clients in international litigation and arbitration, including Citigroup in obtaining a series of injunctions against a former manager charged with overseeing its investment in the Brazilian telecommunications sector. International Equity Investments, Inc. ("IEII") v. Opportunity Equity Partners, Ltd., 415 F. App’x 286 (2d Cir. 2011), and 246 F. App’x 73 (2d. Cir. 2007), affirming, 407 F. Supp. 2d 483 (S.D.N.Y. 2005) (enjoining series of agreements purporting to strip Citibank of control right in Brasil Telecom holding structure), IEII v. Opportunity, 427 F. Supp. 2d 503 (S.D.N.Y. 2006) (enjoining self-dealing agreement). Mr. Boccuzzi has also represented a Citigroup-related entity in four ICC arbitrations concerning corporate control of Brasil Telecom. Civil Litigation. Mr. Boccuzzi has substantial experience in complex civil litigation, including representing Citigroup and various affiliates in lawsuits arising out of the Bernard Madoff Ponzi scheme, In re Kingate Mgm’t Ltd., 2011 WL 1362106 (S.D.N.Y. March 30, 2011); In re Fairfield Sentry Ltd., 458 B.R. 665 (S.D.N.Y. 2011). Mr. Boccuzzi represents international financial institutions in disputes concerning the proper reach of federal and state laws concerning the attachment and execution of assets. See, e.g., Parbulk II AS v. Heritage Maritime, SA, 35 Misc. 3d 235 (N.Y. Sup. Ct., June 7, 2011). In addition, Mr. Boccuzzi has represented financial institutions in obtaining the dismissal of antitrust claims under both the Sherman Act and New York State Donnelly Act, Williams v. Citigroup, Inc., 659 F. 3d 208 (2d Cir. 2011), and 2012 WL 2377813 (N.Y. Sup. Ct., June 19, 2012), and represents financial institutions in complex commercial matters, includingMashreqbank v. Ahmad Hamad Al Gosaibi, N.Y. Sup. Ct., and In re Stanwich Financial Services, 317 B.R. 224 (Bankr. D. Conn. 2004). Mr. Boccuzzi has expertise in complex derivative and other structured instruments, having represented a variety of institutions, both domestic and international, in disputes involving derivatives including various creditors in the Lehman Brothers Bankruptcy proceeding. Mr. Boccuzzi represented various Fitch Ratings entities in litigation in California state court concerning the rating of Structured Investment Vehicles. Notable other past representations include Kidder Peabody in the bankruptcy proceedings and investor litigations surrounding the collapse of the Granite funds, Primavera Familienstiftung v. Askin, 130 F. Supp. 2d 450 (S.D.N.Y. 2001), ABF Capital Management v. Askin Capital Management L.P., 957 F. Supp. 1308 (S.D.N.Y. 1997),Primavera Familienstiftung v. Askin, 1996 WL 494904 (S.D.N.Y. 1996). Capital Markets and Securities Litigation. Mr. Boccuzzi represents parties in mergers and acquisition-related litigation, including the acquirer in In re: Ness Techs Shareholders Litig., 2011 Del. Ch. LEXIS 107 (Del. Ch. 2011), and Botton v. Ness Techs Inc., 2011 U.S. Dist. LEXIS 85950 (D.N.J. 2011). He succeeded in obtaining the dismissal of numerous derivative actions brought against his clients, members of the Board of Directors of Citigroup, alleging that the directors failed to implement appropriate internal control systems, which dismissal was affirmed on appeal to the Delaware Supreme Court, David B. Shaev Profit Sharing Account v. C. Michael Armstrong, et al., C.A. No. 1449-N (Del. Ch. Feb. 13, 2006), aff’d, (Del. Ct. Nov. 6, 2006); Fink v. Weill, No. 02 Civ. 10250, 2005 WL 2298224 (S.D.N.Y. Sept. 19, 2005); In re Citigroup Inc. Shareholders Litig., C.A. No. 19827, 2003 WL 21384599 (Del. Ch. June 5, 2003); in obtaining dismissal of securities fraud claims brought against over a dozen investment banks by classes of holders of debt and equity securities issued by HealthSouth Corporation, In re HealthSouth Corporation Securities Litig. (N.D. Ala.); in obtaining dismissal of an action asserting securities fraud claims against Smith Barney arising out of the $1.9 billion IPO of Genuity, Inc., Davidoff v. Farina, No. 04 Civ. 7617, 2005 WL 2030501 (S.D.N.Y. Aug. 22, 2005); in the affirmance of a defense verdict he achieved on behalf of FleetBoston Financial Group in an action seeking in excess of $300 million arising from the administration of a benefits plan, Feldman v. National Westminster Bank, N.A., (Sup. Ct., N.Y. County, June 27, 2002), aff’d, (1st Dep’t Mar. 20, 2003), lv. denied, (N.Y. Ct. Apps. June 10, 2003); as well as the dismissal of related actions, Chairnoff v. National Westminster Bank, 309 F. Supp. 2d 581 (S.D.N.Y. 2004), Hahn v. National Westminster Bank, N.A., 99 F. Supp. 2d 275 (E.D.N.Y. 2000). Pro Bono Litigation. In addition to commercial matters, Mr. Boccuzzi has represented clients in a range of pro bono matters involving Constitutional and statutory issues in both the civil and criminal law contexts, Johnson v. Tennessee, 2011 WL 6157492 (Tenn. Crim. App. 2011); In re New York Public Interest Research Group v. Giuliani, 228 A.D.2d 276 (1st Dep’t 1998). Mr. Boccuzzi is a member of the Bar in New York and is admitted to the practice before the U.S. Supreme Court, the United States Court of Appeals for the Second Circuit, District Courts for the Southern and Eastern Districts of New York and the Eastern District of Michigan. He is a member of the Federal Bar Council and sits on the board of New York Lawyers for the Public Interest. Mr. Boccuzzi is distinguished as one of the best lawyers for international arbitration in Latin America by Chambers Global,Chambers Latin America and The Legal 500 Latin America. As a recognized leader in the field, Mr. Boccuzzi publishes articles and presents at seminars on a variety of litigation and international arbitration topics. His recent works include "International Legal Developments in Review 2011: Foreign Sovereign Immunities Act,"The International Lawyer, Spring 2012. He is also a contributor to the treatise, U.S. Regulation of the International Securities and Derivatives Markets (10th ed.). Mr. Boccuzzi is also co-author, along with Cleary Gottliebl partners Thomas J. Moloney and Roger A. Cooper of Chapter 70, "Derivatives" in the treatise Business and Commercial Litigation in Federal Courts (3d Edition). Mr. Boccuzzi joined the firm in 1994 and became partner in 2003. He received a J.D. from the Yale Law School in 1994 and a B.A., magna cum laude, from Yale College in 1990. |
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