Carmine D. Boccuzzi is a partner based in the New York office.
Mr. Boccuzzi’s litigation and arbitration practice covers a broad range of complex civil litigation matters, with an emphasis on international disputes, including those involving foreign states and state-owned entities, and domestic disputes involving the capital markets and antitrust issues.
Mr. Boccuzzi’s recent victories include a 6-0 ruling in the New York State Court of Appeals obtaining for Mashreqbank a dismissal on grounds of forum non conveniens
of claims asserted by a Saudi partnership, Mashreqbank v. Ahmad Hamad Al Gosaibi
; winning for Citibank entities an affirmance in the Second Circuit Court of Appeals of a dismissal of a complaint alleging claims in connection with private equity investments in Brazil, Wilson v. Dantas
, 13-367-cv; and winning for Credit Agricole and HSBC in the Appellate Division, First Department an affirmance of the appeal of a decision on the “separate entity” rule that reaffirmed the continued viability of the rule, Ayyash v. Koleilat
International Litigation and Arbitration
. Mr. Boccuzzi has litigated and arbitrated disputes as counsel both to foreign states and foreign state-owned instrumentalities. He most recently successfully defeated claims by bondholders against Petrobras, the Brazilian state-owned oil company, Rogers v. Petroleo Brasileiro, S.A.
, 2012 WL 806812 (2d Cir. March 13, 2012). Since 2002, Mr. Boccuzzi has successfully defended the Republic of Argentina in cases brought against it in connection with Argentina’s 2001 economic crisis, including obtaining the vacatur of over $2 billion in class judgments, Seijas v. Argentina
, 606 F.3d 53 (2d Cir. 2010), and defeating attempts to attach assets of Argentina and its instrumentalities, NML Captial Ltd. v. Argentina
, 652 F.3d 172 (2d Cir. 2011), Aurelius Capital Partners, LP v. Republic of Argentina
, 584 F.3d 120 (2d Cir. 2009), 2010 WL 768874 (S.D.N.Y. Mar. 5, 2010), 2010 WL 2925072 (S.D.N.Y. July 23, 2010), and to enjoin the launch and subsequent closing of capital markets transactions by the Republic. Rossini v. Argentina
, 2011 WL 2600404 (2d Cir. July 1, 2011); Urban v. Argentina
, 2010 U.S. Dist. LEXIS 40580 (S.D.N.Y. Apr. 26, 2010). Mr. Boccuzzi 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
, 2010 WL 339775 (S.D.N.Y. Jan. 27, 2010).
Mr. Boccuzzi represents domestic clients in international litigation and arbitration, including 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.
, 415 F. App’x 286 (2d Cir. 2011), and 246 F. App’x 73 (2d. Cir. 2007), affirming, 407 F. Supp. 2d 483 (S.D.N.Y. 2005) (enjoining series of agreements purporting to strip Citibank of control right in Brasil Telecom holding structure), IEII v. Opportunity
, 427 F. Supp. 2d 503 (S.D.N.Y. 2006) (enjoining self-dealing agreement). Mr. Boccuzzi has also represented a Citigroup-related entity in four ICC arbitrations concerning corporate control of Brasil Telecom.
. Mr. Boccuzzi has substantial experience in complex civil litigation, including representing Citigroup and various affiliates in lawsuits arising out of the Bernard Madoff Ponzi scheme, In re Kingate Mgm’t Ltd.
, 2011 WL 1362106 (S.D.N.Y. March 30, 2011); In re Fairfield Sentry Ltd.
, 458 B.R. 665 (S.D.N.Y. 2011). Mr. Boccuzzi represents international financial institutions in disputes concerning the proper reach of federal and state laws concerning the attachment and execution of assets. See, e.g., Parbulk II AS v. Heritage Maritime, SA
, 35 Misc. 3d 235 (N.Y. Sup. Ct., June 7, 2011). In addition, Mr. Boccuzzi has represented financial institutions in obtaining the dismissal of antitrust claims under both the Sherman Act and New York State Donnelly Act, Williams v. Citigroup, Inc.
, 659 F. 3d 208 (2d Cir. 2011).
Mr. Boccuzzi has expertise in complex derivative and other structured instruments, having represented a variety of institutions, both domestic and international, in disputes involving derivatives including various creditors in the Lehman Brothers Bankruptcy proceeding. Mr. Boccuzzi represented various Fitch Ratings entities in litigation in California state court concerning the rating of Structured Investment Vehicles. Notable other past representations include Kidder Peabody in the bankruptcy proceedings and investor litigations surrounding the collapse of the Granite funds.
Capital Markets and Securities Litigation
. Mr. Boccuzzi represents parties in mergers and acquisition-related litigation, including the acquirer in In re: Ness Techs Shareholders Litig.
, 2011 Del. Ch. LEXIS 107 (Del. Ch. 2011), and Botton v. Ness Techs Inc.
, 2011 U.S. Dist. LEXIS 85950 (D.N.J. 2011). He succeeded in obtaining the dismissal of numerous derivative actions brought against his clients, members of the Board of Directors of Citigroup, alleging that the directors failed to implement appropriate internal control systems, which dismissal was affirmed on appeal to the Delaware Supreme Court; in obtaining dismissal of securities fraud claims brought against over a dozen investment banks by classes of holders of debt and equity securities issued by HealthSouth Corporation, In re HealthSouth Corporation Securities Litig.
(N.D. Ala.); and in the affirmance of a defense verdict he achieved on behalf of FleetBoston Financial Group in an action seeking in excess of $300 million arising from the administration of a benefits plan.
Pro Bono Litigation
. In addition to commercial matters, Mr. Boccuzzi has represented clients in a range of pro bono matters involving Constitutional and statutory issues in both the civil and criminal law contexts. Notable representations include winning the release from prison of former death row inmate Erskine Johnson following more than 15 years of advocacy in Johnson v. Tennessee
. Mr. Boccuzzi also represents 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.
Mr. Boccuzzi is a member of the Bar in New York and is admitted to practice before the U.S. Supreme Court, the United States Court of Appeals for the First, Second, Fourth, Fifth, Sixth, Ninth and Tenth Circuits, District Courts for the Southern and Eastern Districts of New York and the Eastern District of Michigan. He is a member of the Federal Bar Council and sits on the board of New York Lawyers for the Public Interest.
Mr. Boccuzzi is distinguished as one of the best lawyers for international arbitration by Chambers Global
, Chambers Latin America
, The Legal 500 Latin America
, Latin Lawyer 250: Latin America's Leading Business Law Firms
and The Legal 500 U.S.
As a recognized leader in the field, Mr. Boccuzzi publishes articles and presents at seminars on a variety of litigation and international arbitration topics. His recent works include "Defences," Sovereign Debt Management
, edited by Rosa M. Lastra and Lee Buchheit (Oxford University Press, Spring 2014); and "International Legal Developments in Review 2011: Foreign Sovereign Immunities Act," The International Lawyer
, Spring 2012. He is also a contributor to the treatise, U.S. Regulation of the International Securities and Derivatives Markets
(10th ed.). Mr. Boccuzzi is also 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
Mr. Boccuzzi joined the firm in 1994 and became partner in 2003. He received a J.D. from the Yale Law School in 1994 and a B.A., magna cum laude
, from Yale College in 1990.