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Richard A. McGuirk

Rick is a partner in Nixon Peabody’s Commercial Litigation group. Rick represents companies and individuals in complex litigation matters, including domestic and international arbitrations. He is experienced in a variety of high-stakes litigation areas, including complex commercial litigation, construction litigation, securities class actions and derivative litigation, intellectual property litigation and litigation arising from merger and acquisition transactions, including post-transaction valuation and indemnification controversies.

What do you focus on?

Complex Litigation

I have litigated cases involving a broad spectrum of complex business disputes, including contract, breach of fiduciary duty, business torts, construction, real property disputes, enforcement of non-compete agreements and all types of fraud claims. I have also represented clients in domestic and international arbitrations in a variety of venues, including the ICC, in disputes involving major energy projects, and commercial and financial disputes. Additionally, I regularly counsel clients on ways to avoid or minimize the risks attendant to their businesses and transactions.

Securities and Governance Litigation

I focus on defending officers and directors, broker-dealers, securities issuers and companies in securities fraud claims, SEC enforcement actions and breaches of fiduciary duty. I also have extensive experience with derivative litigation, and litigation arising from changes in corporate control and M&A transactions.

Investigations

In addition to litigating disputes, I have represented clients in investigations by numerous regulatory authorities. I also have worked on and led numerous internal investigations for clients, including matters dealing with trading issues at financial institutions, employee dishonesty and breaches of fiduciary duty and accounting issues in a variety of industries.

Intellectual Property

I represent companies in a variety of intellectual property disputes including patent, trademark and copyright infringement, licensing disputes, trade secret issues and other types of unfair competition. In addition to experience in traditional court litigation, I have experience with matters litigated before the Patent Trial and Appeal Board under the America Invents Act.

What do you see on the horizon?

The threats to businesses from the loss of competitive advantage—whether through data breach, theft of confidential information and trade secrets or other IP infringement—is growing rapidly. Clients need counsel who can address these threats proactively and, when necessary, litigate them aggressively and practically.

Publications

Pa. firm to refinance many Morgan properties, become partner, per court filing

The Daily Record | July 17, 2019

This story quotes from a court filing by Rochester Complex Commercial Disputes partner Richard McGuirk on behalf of client ESL Federal Credit Union, which is trying to collect nearly $18 million in delinquent loans from a Pennsylvania-based property owner.

Delaware Chancery Court issues rare decision finding Material Adverse Effect justifying termination of merger

Law360 | October 14, 2018

In the following coverage, Rochester Corporate partner Lori Green, Complex Commercial Disputes partners Rick McGuirk and Carolyn Nussbaum, and New York City Complex Commercial Disputes partner Chris Mason analyze a key ruling by the Delaware Chancery Court that affirmed the existence of a material adverse event allowing German pharmaceutical company Fresenius to back down from a merger with Akorn, Inc.

On the move

The Daily Record | May 21, 2017

The return of Rochester commercial litigation partner Rick McGuirk to Nixon Peabody is highlighted in this article.

Contact

Richard A. McGuirk

Partner
Deputy Leader, Financial Services and Alternative Investment

Rochester

Phone: 585-263-1644


Fax: 844-408-5278

Brooklyn Law School, J.D.

Binghamton University, B.A., Political Science

New York

U.S. District Court, Western District of New York

U.S. District Court, Eastern District of New York

U.S. District Court, Southern District of New York

U.S. District Court, Northern District of New York

U.S. Court of Appeals, Federal Circuit

U.S. Court of Appeals, Second Circuit

Rick was selected, through a peer-review survey, for inclusion in The Best Lawyers in America© 2020 in the fields of Bet-the-Company Litigation; Commercial Litigation; Litigation—Regulatory Enforcement (SEC, Telecom, Energy); and Litigation—Securities. Rick has been listed in Best Lawyers since 2013, and was named 2019 Rochester, NY, “Lawyer of the Year” in Litigation—Securities.

Rick is a member of the Federal Bar Council, and the New York State and the Monroe County bar associations.

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