Carmine D. Boccuzzi Jr.

U.S. and international institutions in obtaining affirmance in the U.S. Court of Appeals for the Second Circuit of the dismissal of claims asserted in the bankruptcy court by Lehman Brothers Special Financing seeking approximately $1 billion in termination payments in connection with 44 synthetic collateralized debt obligations. In re Lehman Brothers Holding.

BNP Paribas, Commerzbank, and other European banks in obtaining dismissal of actions brought under the civil provisions of the federal Anti-Terrorism Act and state law theories, in which the banks are accused of having provided material support for terrorist acts as a result of the banks’ violation of U.S. sanctions.

Robert Bosch GmbH and Robert Bosch LLC, in obtaining summary judgment defeating RICO claim for upwards of one billion dollars in alleged damages by Volkswagen franchised dealerships stemming from VW’s admission of diesel emissions cheating.

The Republic of Argentina in obtaining in the Court of Appeals for the Second Circuit affirmance of dismissals of claims to principal and interest as time-barred under the applicable New York statute of limitations, as well as the rejection of renewed pari passu claims. (Bison Bee LLC, Lucesco v. The Republic of Argentina)

The Province of Mendoza in a 7-0 ruling from the New York State Court of Appeals finding claims for unpaid interest to be time-barred where underlying principal claims were otherwise barred by the statute of limitations (Ajdler v. Province of Mendoza)

Citigroup in the U.S. Court of Appeals for the Second Circuit in obtaining the affirmance of the dismissal of plaintiffs’ attempt to reopen the settlement of prior disputes concerning investments in the Brazilian telecommunications sector (Dantas et al. v. Citibank et al.).

Citi Hedge Fund Services in obtaining dismissal, in both the district court and on appeal, of purported class actions seeking hundreds of millions of dollars in connection with the collapse of Madoff “feeder” hedge funds, (In re Kingate Mgm’t Ltd.)

BNP Paribas in obtaining dismissal, in both the district court and on appeal, of attempts by plaintiffs to obtain worldwide discovery and asset freezes in connection with judgments against various foreign states (Leibovitch, et al., v. BNP Paribas et al.).

BNP Paribas and HSBC in securing the dismissal, in both the district court and on appeal, of $5.5 billion civil RICO and related state law claims asserted against the banks based upon allegations that the banks are responsible for helping Cuba avoid U.S. sanctions thereby frustrating plaintiffs’ ability to collect on judgments against Cuba (Villoldo v. BNPP and BNPP North America Inc.).

Robert Bosch GmbH and Robert Bosch LLC in multidistrict litigation and other proceedings in the United States arising from allegations that Volkswagen, Audi and Porsche used equipment supplied by Bosch to manipulate the results of diesel vehicle emissions tests; and in multidistrict litigation in the United States alleging diesel emissions manipulation by Fiat Chrysler Automobiles, as well as in diesel emissions litigation involving other vehicle manufacturers, including General Motors, Mercedes Benz, Ford, and BMW.

Since 2002, successfully defending the Republic of Argentina in cases brought against it in connection with the country’s 2001 economic crisis, including obtaining the vacatur of over $2 billion in class judgments (Seijas v. Argentina), securing dismissal of a purported class action seeking over $350 million in connection with missed interest payments on defaulted bonds (DRAW Capital v. Argentina), defeating attempts to attach assets of Argentina and its instrumentalities (NML Capital Ltd. v. Argentina, Aurelius Capital Partners, LP v. Republic of Argentina), and to enjoin the launch and subsequent closing of capital markets transactions by the Republic (Rossini v. Argentina, Urban v. Argentina).

Citigroup and various affiliates in lawsuits arising out of the Bernard Madoff Ponzi scheme, In re Irving H. Picard and In re Fairfield Sentry Ltd.

Foreign bank in connection with allegations of collusive trading in violation of the federal antitrust laws.

Financial institutions in obtaining the dismissal from federal court of antitrust claims under both the Sherman Act and New York State Donnelly Act, including in Williams v. Citigroup, Inc.

Various Fitch Ratings entities in litigation in California state court concerning the rating of structured investment vehicles.

Mashreqbank in obtaining a 6-0 ruling from the New York State Court of Appeals dismissing on grounds of forum non conveniens of claims asserted by a Saudi partnership (Mashreqbank v. Ahmad Hamad Al Gosaibi).

Foreign states in arbitrations challenging default and restructuring of state-issued debt.

Petrobras, the Brazilian state-owned oil company, in defeating claims by bondholders (Rogers v. Petroleo Brasileiro, S.A.).

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. v. Opportunity Equity Partners, Ltd.).

A Citigroup-related entity in four ICC arbitrations concerning corporate control of Brasil Telecom.

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).

Mergers and acquisition-related litigation, including the acquirer in In re: Ness Techs Shareholders Litig. and Botton v. Ness Techs Inc. 

Members of Citigroup’s Board of Directors in obtaining the dismissal of numerous derivative actions alleging that the directors failed to implement appropriate internal control systems, which dismissal was affirmed on appeal to the Delaware Supreme Court.

Over a dozen investment banks in obtaining dismissal of securities fraud claims by classes of holders of debt and equity securities issued by HealthSouth Corporation, In re HealthSouth Corporation Securities Litig.

FleetBoston Financial Group in the affirmance of a defense verdict in an action seeking in excess of $300 million arising from the administration of a benefits plan.