Dominic is a Member in the Litigation Section, practicing in the New York office, and is the head of and assigning partner for the New York office's litigation department. In addition, he is a member and co-founder of Mintz Levin's Distressed Debt & Claims Trading Practice Group, which is a subgroup of the firm's Bankruptcy, Restructuring & Commercial Law department.
Dominic is a general commercial litigator who concentrates his practice in complex contract, partnership, securities, and real estate disputes. He also has extensive experience litigating and advising clients with respect to disputes involving distressed debt transactions. Dominic has been involved in a number of litigations involving bankruptcy, intellectual property, and biotechnology.
He has litigated in various state and federal courts throughout the country, and has arbitrated extensively before the predominate arbitral bodies, including the American Arbitration Association, the NASD, and JAMS. He has also successfully mediated a number of disputes before those same bodies as well as before privately hired mediators. Dominic has been retained as a testifying and consultative expert relating to the purchase and sale of trade claims in bankruptcy.
His clients include multinational corporations, lenders, investors, commercial landlords, telephone manufacturers, and other telecommunications companies, biotechnology companies, and other large publicly and privately held entities. Dominic also has represented individuals in commercial disputes. Throughout his career, aside from his work as a litigator, Dominic has provided general corporate, bankruptcy, and prelitigation advice to clients.
Significant recent successes include the following:
· Achieved summary judgment for a multinational corporation in a dispute regarding the sale of certain bankruptcy claims it held in the Delphi Bankruptcy proceeding. The court's decision in this matter is significant, as it provides a guide for the operation of the multi-billion-dollar trade claim market and interaction of parties in this industry. Bear Stearns Investment Products, Inc. v. Hitachi Automotive Products (USA), Inc. and Tokico (USA), Inc., 401 B.R. 598 (S.D.N.Y. 2009).
· Successfully opposed TRO/Preliminary Injunction to enjoin corporate funds from being used to operate software development company
· Successfully enjoined a Latin American company and its principals from secreting millions of dollars from the country that were mistakenly deposited into a corporate bank account, which funds ultimately were returned.
· Won summary judgment in arbitration related to rights and monetary claims related to erectile dysfunction drug under a drug development and license agreement
· Won summary judgment in arbitration relating to multi-million dollar real estate dispute in New York
· Won summary judgment in lieu of complaint under New York law for multi millions of dollars on behalf of an investor against guarantors of debtor
Publications/Speaking Engagements/Accolades
· Presenter. "An Analysis of Important Strategic Concerns Involving Claims Trading and Bankruptcy Rule 2019," Hot Topics in Bankruptcy Litigation 2012, sponsored by the New York City Bar, February 9, 2012
· Co-author, "Amended Rule 2019 Allays Fears of Claims Trading Industry," Dow Jones Daily Bankruptcy Review, June 17, 2011
· "Closing Deals with First-Time Sellers in the Trade Claims Market," Dow Jones Daily Bankruptcy Review, January 5, 2011
· "Ships in the Night: Buyers and Sellers of Trade Claims," Law 360, September 9, 2010
· "Recent Case Highlights Pitfalls in Electronic Discovery," Litigation Client Alert
· Panelist to speak about Insider Trading Post-Galleon, sponsored by the Association of Corporate Counsel Greater New York, November 17, 2011
· Named Legal Elite in Litigation by Avenue Magazine, October 2010 and August 2011
· Martindale-Hubbell AV Preeminent rating
Dominic is admitted to practice in the state courts of New York and Connecticut, and the federal district courts in the Southern, Eastern and Northern Districts of New York and the Second Circuit Court of Appeals. He has been admitted to practice pro hac vice in state and federal district courts in Georgia, Texas, and California. He is a member of the American Bar Association and the New York State Bar Association.
Industries
Construction
Insurance
Professional Services