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Richard A. McGuirk



Rick is a partner in Nixon Peabody’s Complex Commercial Disputes 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

Five steps businesses can take now to minimize coronavirus-related risk

Rochester Business Journal | June 12, 2020

Rochester Corporate partner Jeremy Wolk contributed this column on how businesses can prepare now for legal implications of the coronavirus, putting themselves in a stronger position for long-term success. The column was adapted from an NP alert by Rochester Complex Commercial Disputes partners Carolyn Nussbaum and Rick McGuirk.

Lawyers weigh in on importance of specificity in contracts

Rochester Business Journal | March 06, 2020

Rochester Complex Commercial Disputes partner Rick McGuirk talks to the RBJ about best practices for businesspeople on the verge of signing contracts, such as reviewing boilerplate language on limiting consequential damages.

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.

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© 2021 in the fields of Bet-the-Company Litigation; Commercial Litigation; Litigation—Regulatory Enforcement (SEC, Telecom, Energy); and Litigation—Securities. He was was named the Best Lawyers® 2021 Bet-the-Company Litigation "Lawyer of the Year" in Rochester. Rick has been listed in Best Lawyers since 2013, and was named Best Lawyers® 2019 “Lawyer of the Year” in Litigation—Securities in Rochester.

Rick has been recognized for exceptional standing in the legal community in Chambers USA: America’s Leading Lawyers for Business 2020 for Litigation, General Commercial (Upstate New York).

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

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