Anthony L. Paccione

Qualifications and Career Profile

Anthony L. Paccione is co-head of the New York Litigation and Dispute Resolution Practice. He concentrates his practice in complex commercial litigation with an emphasis on securities, banking and financial services related matters. He also has considerable experience in the handling of litigations involving employee "raiding claims," trade secrets and enforcement of restrictive covenants. Mr. Paccione has represented a broad spectrum of clients including international banks, Fortune 500 companies, securities firms, independent power plant developers, and other major financial institutions. Unlike many business litigators, Mr. Paccione has had significant trial experience having conducted multi-week jury and non-jury trials in both Federal and State Court. He also has argued a number of appeals in both State and Federal Court.

Representative Experience

• Representing major financial institution in action seeking to recover substantial losses caused when money market “broke the buck.”

• Representing numerous institutions, partnerships, hedge funds, investment managers and individuals in connection with highly publicized Ponzi schemes, including Madoff, West Gate and Stanford.
  

• Representing secured lender in lender liability action pending in the S.D.N.Y.
  

• Represented several hedge funds in connection with SEC, NYAG and CFTC investigations and related civil lawsuits arising from mutual fund market timing trading practices.
  
• Representing public company and its senior management in federal securities class action, related derivative cases and SEC investigation. Obtained dismissal of all class and derivative claims; appeal pending.
• Representing defendants in a securities fraud action brought by investors in a hedge fund that invested in subprime automobile finance loans.
• Representing trader in FINRA investigation concerning CDS’s.
• Represented President of public utility company in shareholder derivative actions.
• Represented public utility in CERCLA action and mediation of remedial claims arising from large waterfront site.

Mr. Paccione is active in the areas of arbitration and regularly serves as a mediator for the US District Court for the Southern District of New York. Mr. Paccione is Chair of the firm’s Credit Crisis Solutions Group and a member of the firm’s Financial Services, Electronic Discovery and Securities Litigation Practices.

Lectures and Articles

Mr. Paccione has taught trial skills courses, given lectures and published articles on various litigation topics. His recent lectures include:

• "Ponzi Scheme Clawback Litigation," Strafford Publications (March 14, 2012)
• "Ethical Issues for In-House Corporate Counsel," Katten Seminar (April 13, 2011, et al.)
• "The Litigation Aftermath of the Global Financial Crisis," Ponzi Schemes: US Law Overview, British Institute of International and Comparative Law (March 25, 2011)
• "Avoiding Litigation in a Post-Madoff World," Hedge Fund Accounting, Auditing and Administration Forum (July 20, 2010)
• "Infected Hedge Funds: Rights and Remedies," Katten Seminar (March 16, 2010)
• “Response to Ponzi and Other Schemes: Alternative Investment Funds Under Scrutiny,” Practising Law Institute (June 30, 2009)
• “Across the Table From the SEC: Defending and Handling SEC Investigations,” Katten Seminar (April 2, 2009)
• “Hot Topics in the Lehman and Madoff Broker-Dealer Liquidations,” Katten Webinar (March 11, 2009)
• “Breakfast Briefing on Madoff and Taxes,” N.Y.S. Society of CPAs (February 26, 2009)
• “Madoff Litigation Conference,” HB Litigation Conferences, LLC (February 25, 2009).
• “The Madoff Ponzi Scheme and the Litigation Horizon,” Practising Law Institute (February 2, 2009)
• “When the SEC Calls...,” Katten Seminar (January 14, 2009)
• “Distressed RMBS/CDO Challenges: Investment Opportunities, Restructuring and Litigation,” ABS East Forum (October 20, 2008)
• “Recent SEC Enforcement Actions and Litigation Involving Hedge Fund Managers,” Katten Investment Management Forum (September 20, 2007)

Associations and Committees

Mr. Paccione chaired the Subcommittee on CLE litigation skills programs for the Litigation Committee of the Association of the Bar of the City of New York, and is now a member of that Association’s Professional and Judicial Ethics Committee. In the 2010 and 2011 editions of Benchmark: A Definitive Guide to America’s Leading Litigation Firms and Attorneys, he is recognized as a "Litigation Star," and he also was selected for inclusion in New York Super Lawyers – Metro Edition (2010, 2011). Mr. Paccione is listed in The Best Lawyers in America (2012, 2013). 

Education and Bar Admissions

Mr. Paccione graduated from Fordham University School of Law where he was an editor for the Fordham Urban Law Journal. He is a member of the bar of the State of New York as well as the bars of the US Supreme Court; the Second, Sixth and Eleventh Circuit US Courts of Appeals; and the Southern, Eastern and Northern Districts of New York.