Nicholas Cutaia
Director
New York
ncutaia@goulstonstorrs.com+1 212 878 5065Nicholas Cutaia
Director, New York
ncutaia@goulstonstorrs.com+1 212 878 5065Related Expertise
Nicholas Cutaia is the co-chair of the firm’s Litigation Group and its law firm defense practice. He is a seasoned litigator who represents companies and individuals in complex commercial litigation and defends law firms in high-stakes legal malpractice matters.
From public companies, private equity firms, and real estate organizations to leading law firms, corporate executives, and high-net-worth individuals, clients rely on Nick for his sound judgment and pragmatic approach to their most complex and sensitive disputes.
A strategic partner in complex commercial disputes
Nick represents clients in a wide range of corporate, commercial, and securities litigation in federal and state courts across the country, including New York, Delaware, and elsewhere. Nick’s matters include business torts, M&A disputes, partnership and investor conflicts, and securities litigation, including class actions. He has significant experience with sophisticated corporate and financial structures—such as securitizations, joint ventures, and equity and debt investments—offering valuable insight into the business and legal dynamics at issue in these disputes.
A trusted advocate for law firms and lawyers
Nick is a leading malpractice lawyer who defends law firms and lawyers in high-stakes malpractice cases, partnership disputes, and other sensitive matters. He has successfully represented a number of the country’s most prominent law firms and elite boutiques, bringing deep experience, discretion, and a practical understanding of the legal industry to every engagement. Clients value his strategic judgment and ability to navigate these claims with clarity and credibility.
Related Representative Matters
A high-net-worth individual in pursuing $140+ million fraud and state securities fraud claims in Delaware Chancery Court against AMMO, Inc. and others in connection with a $240 million public-company merger. Successfully defeated a motion to dismiss. Urvan v. AMMO, Inc., 2024 WL 863688, at *2 (Del. Ch. Feb. 27, 2024). Represented the same client in a books-and-records trial under 8 Del. C. § 220(d). The cases resolved on highly favorable terms, including $51 million in monetary consideration, the issuance of 7 million stock warrants, the elimination of certain indemnification obligations, and the appointment of the client as CEO and Chairman of the Board.
A top 10 Am Law firm in defense of a legal malpractice claim arising from the drafting of loan documents in a complex corporate finance transaction.
An elite litigation boutique against claims for fraud, legal malpractice, and alleged violations of Judiciary Law § 487 arising from a criminal defense matter involving market manipulation and a parallel investigation by the SEC.
Private entities and a public company in pursuing “baby RICO” and other claims in the U.S. Virgin Islands related to investment managers’ unlawful efforts to drive several mortgage servicing-related companies out of business.
A national law firm in connection with potential legal malpractice exposure related to the firm’s management of a series of class action lawsuits brought on behalf of hundreds of clients.
A private equity portfolio company in pursuing $50+ million contract and fraud claims in the New York Commercial Division arising from the concealment of tax liability during an M&A transaction. Obtained a rare sanction for witness intimidation in a civil matter against the principal defendant, and a highly favorable resolution for the client.
Successfully defeated plaintiff’s attempt to preliminarily enjoin a $3.5 billion merger between client Sogou Inc. and a subsidiary of Tencent Holdings Limited. The case resulted in a decision of first impression holding that no private right of action exists under Section 13(e) of the Securities Exchange Act of 1934. See Boylan v. Sogou Inc., 2021 WL 4198254 (S.D.N.Y. Sept. 13, 2021).
Sogou, Inc., a foreign public company, in multi-jurisdictional class action lawsuits alleging material misrepresentations and omissions in violation of Section 11 of the Securities Act of 1933 related to the company’s initial public offering. Successfully obtained a stay of state court proceedings in California in favor of a pending action in the SDNY, and thereafter obtained complete dismissal of the SDNY action. See Jiajia Luo v. Sogou, Inc., 465 F. Supp. 3d 393 (S.D.N.Y. 2020).
Dechert LLP in the successful defense against “unfinished business” (Jewel v. Boxer) and fraudulent conveyance claims in the SDNY, 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 hundreds of millions of dollars of potential liability for this client and other law firms. See In re Thelen LLP, 24 N.Y.3d 16 (N.Y. 2014).
A former CEO of Flagstar Bank in pursuing claims for approximately $16 million in unpaid compensation in violation of ERISA and operative agreements. Successfully defeated defendant’s motion to dismiss. See Campanelli v. Flagstar Bancorp, Inc., 2020 WL 5350245 (S.D.N.Y. Sept. 4, 2020).
SDI, Inc., a private equity portfolio company specializing in supply chain management, in pursuing claims for breaches of representations and warranties related to seller’s failure to provide accurate financial statements in accordance with GAAP and misrepresentations concerning seller’s customer base. Successfully defeated (i) a motion for summary judgment and allegations of document spoliation, see Platinum Equity Advisors, LLC v. SDI, Inc., 41 N.Y.S.3d 721 (N.Y. Sup. Ct. 2016), and (ii) a motion for a preliminary injunction seeking to enjoin related litigation in another forum, see Platinum Equity Advisors, LLC v. SDI, Inc., 132 A.D.3d 420 (1st Dep’t 2015).
An Am Law 100 firm in the complete dismissal of claims during arbitration with an aggrieved former partner claiming wrongful discharge and seeking millions of dollars in unpaid compensation.
Triaxx, a CDO issuer, in litigation against RMBS trustees for breaches of contract and fiduciary duty involving losses in excess of $280 million.
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Accolades
- Lawdragon, Leading 500 Litigators in America, 2024-2026
Affiliations
- New York City Bar Association
- Member, Committee on Professional Responsibility, New York City Bar Association
Admissions
- New York
- U.S. District Court for the Southern District of New York
- U.S. District Court for the Eastern District of New York
- U.S. Court of Appeals, Second Circuit
- U.S. District Court for the Eastern District of Michigan
Education
St. John's University School of Law ( J.D. , cum laude , 2007 )
Tufts University ( B.A. , 2000 )