Rick is a partner in Nixon Peabody’s 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.
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.
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.
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.
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.
A close watch on evolving legal issues and trends affecting the entertainment, aerospace, medical, and educational industries is more important than ever as entities in those industries look to achieve goals and protect work.
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
Binghamton University, B.A., Political Science
Brooklyn Law School, J.D.
Rick was selected, through a peer-review survey, for inclusion in The Best Lawyers in America® 2023 in the fields of Bet-the-Company Litigation; Commercial Litigation; Litigation—Mergers & Acquisitions; Litigation—Regulatory Enforcement (SEC, Telecom, Energy); Litigation—Securities; and Corporate Governance Law. 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® 2023 and 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 2022 for Litigation: General Commercial (New York (Upstate)). He has also been recognized in Chambers in previous years.
This article mentions NP for representing the Eastman Kodak Company, which secured the dismissal of a securities lawsuit brought by investors complaining of options granted to executives just before announcement of Kodak’s potential participation in a government program to fund expansion to produce pharmaceutical products in the early months of the COVID-19 pandemic. Rochester Complex Disputes partner Carolyn Nussbaum and Privacy & Technology partner Rick McGuirk served as counsel for the company. Rochester Labor & Employment partner Steve Jones is client attorney for Kodak. The NP team also included Rochester Complex Disputes associate Sarah Tufano, senior paralegal Amy Demanchick, and practice assistants Kathy Elhelw and Darbie James.
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