Carmine D. Boccuzzi’s litigation and arbitration practice covers a broad range of complex civil litigation matters.

He focuses on international disputes, including those involving foreign states and state-owned entities, and domestic disputes involving the capital markets and antitrust issues.

Carmine joined the firm in 1994 and became partner in 2003.

Notable Experience

Notable Victories

  • BNP Paribas and HSBC in securing the dismissal 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.).

  • 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. and IEII v. Opportunity).

  • Citibank entities in winning an affirmance in the Second Circuit of a dismissal of a complaint alleging claims in connection with private equity investments in Brazil (Wilson v. Dantas).

  • Credit Agricole and HSBC in winning an affirmance in the Appellate Division, First Department of the appeal of a decision on the “separate entity” rule that reaffirmed the continued viability of the rule (Ayyash v. Koleilat).

  • 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).

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Republic of Argentina: Recent Wins

  • Prevailed in the U.S. Court of Appeals for the Second Circuit in appeals of district court orders expanding plaintiffs’ class definitions and potentially exposing the Republic of Argentina to millions of dollars in liability to unknown holders of Republic bonds (Brecher v. Republic of Argentina and Puricelli v. Republic of Argentina).

  • Prevailed in the U.S. Court of Appeals for the Second Circuit in an appeal of a district court order that would have allowed Argentina’s judgment creditors to seek a declaration that the Central Bank of Argentina is the Republic’s alter ego and thus liable for its debts (EM Ltd. v. Banco Central De La Republica Argentina).

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International Litigation and Arbitration

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

  • 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), defeating attempts to attach assets of Argentina and its instrumentalities (NML Captial 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).

  • 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).

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

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Civil Litigation

  • Citigroup and various affiliates in lawsuits arising out of the Bernard Madoff Ponzi scheme, In re Kingate Mgm’t Ltd. and In re Fairfield Sentry Ltd.

  • International financial institutions in disputes concerning the proper reach of federal and state laws concerning the attachment and execution of assets, including in Parbulk II AS v. Heritage Maritime, SA.

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

  • A variety of U.S. and international institutions in disputes involving derivatives including various creditors in the Lehman Brothers bankruptcy proceeding.

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

  • Kidder Peabody in the bankruptcy proceedings and investor litigations surrounding the collapse of the Granite funds.

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Capital Markets and Securities Litigation

  • 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.

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Pro Bono Litigation

  • Winning the release from prison of former death row inmate Erskine Johnson following more than 15 years of advocacy in Johnson v. Tennessee.

  • The American Sociological Association in matters regarding marriage equality, including the filing of amicus briefs in the U.S. Supreme Court and U.S. Courts of Appeal.

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SELECTED ACTIVITIES

  • Member, Federal Bar Council
  • Board Chair, New York Lawyers for the Public Interest 

Publications

CFPB Issues Final Rule on Arbitration Agreements in Financial Products and Services Contracts, October 2017

Second Circuit Confirms That an Arbitral Award That Has Been Nullified at the Seat of the Arbitration Should Rarely Be Enforced, July 27, 2017

Second Circuit Rules That FSIA Provides Sole Basis for Jurisdiction Over Foreign Sovereigns in Actions to Enforce ICSID Awards, July 17, 2017

CFPB Issues Final Rule on Arbitration Agreements in Financial Products and Services Contracts, July 13, 2017

U.S. Supreme Court Holds That State Courts Lack Specific Personal Jurisdiction to Entertain Non-Residents’ Claims for Injuries Not Connected to In-State Conduct, June 20, 2017

U.S. Supreme Court Reaffirms That Corporate Defendants Are Subject to General Personal Jurisdiction Only Where They Are “At Home,” May 30, 2017 (republished in the Harvard Law School Forum on Corporate Governance and Financial Regulation on June 14, 2017)

U.S. Supreme Court: Hague Service Convention Permits Service of Process by Mail, May 23, 2017

Supreme Court Adopts Exacting Approach to Jurisdictional Inquiry Under FSIA’s Expropriation Exception, May 2, 2017

“Derivatives,” with Thomas Moloney, Roger Cooper and Rishi Zutshi, Business and Commercial Litigation in Federal Courts, Fourth Edition (Thomson Reuters and the American Bar Association Section of Litigation), February 23, 2017

The Year in Review: An Annual Survey of International Legal Developments, Chapter on International Litigation, ABA/Section of International Law, Vol. 51, 2017

“Defences,” Sovereign Debt Management, edited by Rosa M. Lastra and Lee Buchheit (Oxford University Press), 2014

“U.S. Supreme Court Sharply Limits General Jurisdiction Over Corporate Defendants,” with Jonathan I. Blackman and Mitchell A. Lowenthal, Corporation (Aspen Publishers), Vol. 85, No. 5, pp. 4, March 3, 2014

Contributor to the treatise, U.S. Regulation of the International Securities and Derivatives Markets (11th ed.)

Co-author, along with Cleary Gottlieb partners Thomas J. Moloney and Roger A. Cooper of Chapter 70, “Derivatives” in the treatise Business and Commercial Litigation in Federal Courts (Third Edition)

Events