Nicholas Cutaia

Nicholas Cutaia

+1 212 878 5065
Nicholas Cutaia

Representative Matters

Fraud and Breach of Contract Claims Arising from a Private Equity M&A Transaction

Represents a private equity portfolio company in pursuing claims for fraud and breaches of representations/warranties against defendants who concealed tens of millions of dollars in tax liability during an M&A transaction.

Defense of Federal Securities Class Actions

Represents a foreign public company in class action lawsuits alleging material misrepresentations and omissions related to the company’s initial public offering.

Breaches of Contract and Fiduciary Duty Involving Losses in Excess of $280M

Representation of a CDO issuer in litigation against RMBS trustees for breaches of contract and fiduciary duty involving losses in excess of $280 million.

"Unfinished Business” and Fraudulent Conveyance Claims

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.

Breach of Contract Action Involving a $30M Participation Interest in a Loan Facility

Representation of a major Japanese bank in a breach of contract action involving a $30 million participation interest in a loan facility.

Arbitration With an Aggrieved Former Partner Claiming Wrongful Discharge

Obtained a complete dismissal of claims on behalf of an international law firm during arbitration with an aggrieved former partner claiming wrongful discharge.

Mortgage-Backed Securities Cases in Federal and State Court

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.

Fraud and Unjust Enrichment Claims in New York State Court

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.

Employment Discrimination Claims Against Securities Firm Managing Director

Obtained a rare pre-hearing dismissal of employment discrimination claims against securities firm managing director in FINRA arbitration.

Investigations by the DOJ and SEC Related to Allegedly Fraudulent Rating Practices

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.