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Richard A. McGuirk
Partner / Deputy Leader, Financial Services and Alternative Investment
Introduction
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.
My focus
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.
Looking ahead
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.
Insights
- “Delaware Chancery Court issues rare decision finding Material Adverse Effect justifying termination of merger,” Transaction Advisors, October 2018
Admitted to practice
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
Education
Binghamton University, B.A., Political Science
Brooklyn Law School, J.D.
Professional activities
- Rick is a member of the Federal Bar Council, and the New York State and the Monroe County bar associations.
Recognition
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.
In the News
- Law360
Court cans Boston Beer Co. investor suit over hard seltzer
Dec 6, 2022The following article mentions NP for representing The Boston Beer Co. in securing a complete dismissal of a securities class action lawsuit against the company that claimed it hid declining hard seltzer sales to increase stock prices. The NP team includes Boston Complex Disputes partners George Skelly and Morgan Nighan, Rochester partner and Financial Services and Alternative Investment deputy team leader Rick McGuirk, and Boston Cybersecurity & Privacy counsel Ronaldo Rauseo-Ricupero.
- Law360
Boston Beer beats investor suit over hard seltzer sales forecasts
Dec 6, 2022The following article mentions NP for representing The Boston Beer Co. in securing a complete dismissal of a securities class action lawsuit against the company that claimed it hid declining hard seltzer sales to increase stock prices. The NP team includes Boston Complex Disputes partners George Skelly and Morgan Nighan, Rochester partner and Financial Services and Alternative Investment deputy team leader Rick McGuirk, and Boston Cybersecurity & Privacy counsel Ronaldo Rauseo-Ricupero.
- Bloomberg Law
Eastman Kodak beats securities suit over COVID-linked loan deal
Sep 28, 2022This 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.
- Law360
Truly Seltzer maker says investors' stock suit has no case
This article covers a motion to dismiss a class action securities lawsuit against Boston Beer Co. related to sales of hard seltzer, and mentions Boston Complex Disputes partners George Skelly and Morgan Nighan and Rochester Privacy & Technology partner Rick McGuirk for representing Boston Beer CoMarch 17, 2022 - Rochester Business Journal
Five steps businesses can take now to minimize coronavirus-related risk
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.June 12, 2020 - Rochester Business Journal
Lawyers weigh in on importance of specificity in contracts
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.March 6, 2020 - The Daily Record
Pa. firm to refinance many Morgan properties, become partner, per court filing
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.July 17, 2019 - Law360
Delaware Chancery Court issues rare decision finding Material Adverse Effect justifying termination of merger
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.Oct 15, 2018 - The Daily Record
On the move
The return of Rochester commercial litigation partner Rick McGuirk to Nixon Peabody is highlighted in this article.May 22, 2017
Insights And Happenings
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- Office:415.984.8309
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Kimberly Harding
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- Office:585.263.1037
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John Ruskusky
Partner / Practice Group Leader, Complex Disputes / Leader, Medical Device, Pharmaceuticals and Diagnostic Health- Chicago
- Office:312.977.4460Mobile:708.606.8720
- jtruskusky@nixonpeabody.com
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Jeffrey S. Brenner
Partner / Practice Group Leader, Construction & Real Estate Litigation- Providence
- Office:401.454.1042
- jbrenner@nixonpeabody.com
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Daniel J. Hurteau
Partner / Deputy Practice Group Leader, Complex Disputes- Albany
- Office:518.427.2652
- dhurteau@nixonpeabody.com
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