Bingham

Bingham

Susan F. DiCicco

Partner

Susan DiCicco co-chairs Bingham’s Financial Institutions Regulatory, Enforcement and Litigation Group, where she litigates commercial and securities cases. For more than 15 years, her primary focus has been litigation involving complex financial transactions and the full range of fixed-income products and derivatives. Long before the credit crisis began, Susan has been litigating cases involving 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.

Susan frequently counsels clients in ways to avoid or minimize the risks associated with their businesses and transactions. She is recognized by clients as a litigator who is fully versed in fixed-income trading issues, and she regularly advises clients on the risks associated with specific complex products and alternative strategies for dealing with ratings downgrades, defaults, margin calls and related issues.

Susan also conducts internal investigations and reviews. She represents broker-dealers and other financial institutions in connection with investigations by the Securities and Exchange Commission.

Susan’s practice also involves corporate bankruptcy, insolvency and reorganizations. She has represented creditors in several important bankruptcy cases and adversary proceedings affecting banks and broker-dealers.

Susan previously served on Bingham’s Firm Committee and is presently a member of the firmwide Diversity Committee and New York Mentoring Group.

Experience

  • 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

Events

  • Advanced Deposition Tools, Skills and Challenges for the Modern Age, Co-chair PLI Advanced Deposition Techniques 2014 program, New York (Jan. 21, 2014, January 2011–2013)
  • ABS Litigation Update, ABS East Conference, Miami, Fla. (Oct. 8, 2013)
  • Recent Insider Trading Law Developments — Helping Fund Managers Stay Ahead of the Eight Ball, New York (Oct. 2, 2013)
  • Insider Trading: 2013 Update, ALI CLE Teleseminar (July 30, 2013)
  • Mortgage Litigation Update, ASF 2013 Conference, Las Vegas, NV (January 2013)
  • Litigation, Bankruptcy and Trustees, PLI’s Seminar and Live Webcast: New Developments in Securitization 2012 (November 2012)
  • Effectively Managing Increased Litigation and Enforcement, ABS East Conference, Miami, Fla. (October 2009–2011)
  • Litigation, Bankruptcy and Trustees, PLI’s New Developments in Securitization 2010, New York (December 2010)
  • Advanced Deposition Techniques, PLI, San Francisco (March 2010)
  • Post-Crisis Litigation Risks and Trends, ASF Conference, Washington, D.C. (February 2010)
  • Internal Investigations, SIFMA Compliance & Legal Division’s Annual Seminar, Phoenix, Ariz. (March 2009)
  • Litigation and Enforcement: Risks and Trends, Distressed Debt Investment Strategies, American Securitization Forum Conference, Las Vegas, Nev. (February 2009)
  • Challenges of Electronic Discovery, SIFMA Compliance & Legal Division’s Annual Seminar, Orlando, Fla. (April 2008)

Publications

  • Co-author, “Consider Hearsay Issues Before a Rule 30(b)(6) Deposition,” Law360 (Aug. 14, 2014)
  • Co-author, “ABS East: Litigation Update,” Journal of Structured Finance (Winter 2014)
  • Co-author, “Advanced Deposition Tools, Skills and Challenges for the Modern Age,” Practising Law Institute (Feb. 9, 2012)
  • Co-author, “New York Appellate Division Clarifies Requirements for a Fraud Claim by a Sophisticated Investor,” Bingham Client Alert (Mar. 29, 2012)
  • Co-author, “Theory of ‘Implied’ Misrepresentation in Security Fraud Cases,” New York Law Journal, Vol. 243, No. 63 (April 5, 2010)
  • Co-author, “SEC v. Tambone: Court of Appeals for the First Circuit Rejects SEC’s Attempt to Assert Rule 10b-5 Claims Based on a Theory of ‘Implied’ Misrepresentations,” Bingham Client Alert (Mar. 12, 2010)

Memberships

  • Legal and Compliance Division of the Securities Industry and Financial Markets Association
  • Financial Women’s Association, Co-Chair of Professional Services Liaison Committee

Awards & Honors

  • Super Lawyers, Securities Litigation, New York Metro (2013-2014)
  • Legal 500, Financial Services Litigation (2012)
  • Legal 500, Securities Shareholder Litigation (2014)
  • Chambers USA, Securities Litigation (New York) (2006–2011)
  • Editor, Boston University Law Review, Boston University School of Law (1991–1992)

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