Nicholas Cutaia is a litigator who helps resolve complex disputes in the financial services, securities, legal, and real estate industries.
Nick counsels a wide range of clients, including public companies, investment banks, law firms, private equity firms, shareholders, wealth managers, real estate companies, officers and directors. He also advises clients with respect to government investigations by federal and state authorities (e.g., SEC and DOJ).
Nick focuses his practice on disputes in the financial services industry, including securities-related matters, breach of contract claims, fraud and business torts, and private entity breakups. He has significant expertise handling litigation involving mortgage-backed securities, collateralized debt obligations and other complex financial instruments, and represents the range of actors in this space, including sponsors, issuers, bondholders, loan servicers, ratings analysts, and mortgage originators.
Further, Nick regularly represents law firms and their lawyers in resolving partnership disputes, professional liability issues, and other claims commonly asserted against those clients.
Prior to joining Goulston & Storrs, Nick was a partner at a top litigation boutique in New York. He also served as a law clerk to the Honorable William H. Pauley III, United States District Judge in the Southern District of New York.
- Successfully defended an international law firm against “unfinished business” (Jewel v. Boxer) and fraudulent conveyance claims in the Southern District of New York, Second Circuit and New York Court of Appeals. Based on this advocacy, the New York Court of Appeals issued a landmark decision repudiating the “unfinished business” doctrine, which avoided tens of millions of dollars of potential liability for this client and other law firms.
- Representation of a CDO issuer in litigation against RMBS trustees for breaches of contract and fiduciary duty involving losses in excess of $280 million.
- Obtained a complete dismissal of claims on behalf of an international law firm during arbitration with an aggrieved former partner claiming wrongful discharge.
- Obtained a rare pre-hearing dismissal of employment discrimination claims against securities firm managing director in FINRA arbitration.
- Representation of a major Japanese bank in a breach of contract action involving a $30 million participation interest in a loan facility.
- Defense of a shareholder in an international architecture firm against fraud and unjust enrichment claims in New York state court arising from an international real estate transaction.
- Obtained partial loan forgiveness and a favorable settlement for a financial advisor during her separation from a major financial services company.
- Representation of CDO ratings analysts from a top ratings agency during investigations by the DOJ and SEC related to allegedly fraudulent rating practices by the company.
- Defense of a leading investment bank in a portfolio of mortgage-backed securities cases in federal and state court alleging hundreds of millions of dollars in repurchase liability.