Susan F. DiCicco

Partner

New York Phone +1.212.309.6640 Fax +1.212.309.6001

101 Park Ave.//New York, NY 10178-0060//United States

Susan F. DiCicco litigates securities and complex commercial cases, principally representing financial institutions and investment funds 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 and managing risks on new complex products and formulating strategies for new and 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 currently represents a mutual fund issuer and its officers in securities litigation brought in state and federal court. Susan recently defended the CEO and CFO of a Canadian cannabis company in a putative securities class action asserting claims under the 1934 Act filed in the District of New Jersey. She also successfully represented Sprouts Farmers Market in an Arizona state court securities litigation alleging solely 1933 Act claims, and she has represented the underwriters in a putative class action arising from the Fairway Markets IPO (SDNY). 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 arena, 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.

selected representations

Represents Trust for Advised Portfolios and its officers in several actions brought by mutual fund shareholders in the Infinity Q Diversified Alpha Fund, brought in New York state court alleging claims solely under the 1933 Act and in federal court alleging claims under the 1933 Act, the 1934 Act and New York law
Serves as National Coordinating Counsel for Litigation for a registered investment adviser which develops and manages investment portfolios in natural resources for institutional investors
Successfully represented the CEO and CFO of a Canadian cannabis company in a putative class action in federal court in New Jersey
Successfully represented a national bank in a trust instructional proceeding in New York to resolve disputes among institutional noteholders alleging that the bank incorrectly allocated losses in a commercial mortgage backed securities transaction
Successfully represented Sprouts Farmers Market in a putative class action in Arizona state court alleging claims solely under the 1933 Act in connection with a secondary public offering
Secured dismissal of all claims asserted against syndicate of underwriters relating to the initial public offering of Fairway Markets (S.D.N.Y.)
Represented the underwriters in a putative class action involving the EveryWare global secondary offering (S.D. Ohio)
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
Successfully represented an investment fund that had purchased judgments from numerous plaintiffs in a dispute with the trustee administering payments on the judgments as to the enforceability of the contracts with plaintiffs
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
Represented 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