Susan F. DiCicco litigates securities and complex commercial cases, principally representing financial institutions in cases throughout the country. She focuses on complex financial transactions, fixed-income products (particularly structured finance transactions), and derivatives. Susan regularly assists clients with trading issues and disputes, as well as assessing risks on new complex products and formulating strategies for existing transactions. Clients recognize Susan as a practical litigator who is fully versed in their businesses. Susan serves as the practice leader for the firmwide commercial litigation practice.
In the securities defense field, Susan litigates securities class actions and a variety of cases asserting fraud claims under the 1933 Act, the 1934 Act and state blue-sky statutes. She recently obtained a full dismissal for the syndicate of underwriters in the putative class action arising from the Fairway Markets IPO (SDNY) and she is currently representing the underwriters in a putative class action involving the EveryWare global secondary offering (SD Ohio). She also represents clients in cases involving commercial and residential mortgage-backed securities, asset-backed securities, structured products, CDOs, CLOs, distressed debt trades, repos, whole loans, loan participations, and a variety of swaps and options.
In the complex commercial space, Susan handles a wide variety of litigation for institutional parties, including real estate disputes, banking litigation, lender liability litigation, bankruptcy litigation, and secured lending disputes.
Susan also conducts internal investigations and reviews. She represents broker-dealers and other clients in connection with investigations by the US Securities and Exchange Commission.
Secured dismissal of all claims asserted against syndicate of underwriters relating to the initial public offering of Fairway Markets
Represented Credit Suisse Securities (USA) LLC in several actions brought by institutional noteholders involving securities backed by healthcare receivables, which were pending in Arizona, New Jersey, New York and Ohio and arose out of the collapse of National Century Financial Enterprises and its affiliates
Secured a summary judgment victory dismissing all claims asserted against an investment bank by a bankruptcy litigation trust seeking $2 billion in damages
Secured a summary judgment victory obtaining a declaratory judgment concerning rights in a non-residential property lease and summary judgment dismissal of all counterclaims asserted against our clients
Secured dismissal of all claims lodged against Credit Suisse relating to a CDO transaction that restructured a failing structured investment vehicle, and successfully opposed plaintiff’s motion to renew and obtained affirmance of renewal decision from the First Department
Representing RBS in connection with claims brought relating to its role as lender and originator of loans deposited in certain commercial mortgage-backed securities transactions
Represented an investment firm in an action brought by a plaintiff seeking to escape liability for almost $2 billion in obligations under certain credit default swaps it entered into in connection with one of the largest CDO transactions ever completed
Advised major financial institution in connection with its dispute and settlement with a counterparty concerning payments owed under a swap transaction
Boston University School of Law, 1992, Juris Doctor, Magna Cum Laude
State University of New York at Binghamton, 1989, Bachelor of Arts, Economics
New York State Supreme Court Appellate Division Second Judicial Dept
US Court of Appeals for the Eleventh Circuit
US Court of Appeals for the Ninth Circuit
US Court of Appeals for the Second Circuit
US Court of Appeals for the Sixth Circuit
US Court of Appeals for the Third Circuit
US District Court for the District of New Jersey
US District Court for the Eastern District of New York
US District Court for the Southern District of New York
Awards and Affiliations
Recommended, Dispute Resolution: General Commercial Disputes, The Legal 500 US (2016, 2018)
Recommended, Securities Shareholder Litigation, The Legal 500 US (2014–2016)
Recommended, Dispute Resolution: Securities Litigation (Defense), The Legal 500 US (2016)
Recommended, Financial Services Litigation, The Legal 500 US (2012)
Recognized, Securities Litigation (New York Metro), Super Lawyers (2013–2015)
Ranked, Securities Litigation (New York), Chambers USA (2006–2011)
Member, Legal and Compliance Division, Securities Industry and Financial Markets Association
Co-Chair, Professional Services Liaison Committee, Financial Women’s Association