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, as well as disputes involving the capital markets and antitrust issues.

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

Notable Experience

Notable Victories

  • 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.).

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Civil Litigation

  • 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.

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

  • 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.

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International Litigation and Arbitration

  • 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).

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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 Member, New York Lawyers for the Public Interest 

Publications

Implications of PDVSA Alter Ego Decision for Other Sovereigns

D.C. Circuit Rules in Special Counsel Mueller Investigation That State-Owned Corporations Are Subject to Criminal Jurisdiction in the United States

SDNY Rules on Scope of Section 560 Safe Harbor in Lehman Bankruptcy

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