Anthony MacDonald Caputo is a complex commercial litigator with experience in financial products and securities litigation in both state and federal courts. Leveraging his extensive familiarity with complex financial and securities disputes, Mac is also a formidable trade secret litigator, and has defended and pursued trade secret misappropriation claims in the financial technology, software, and cryptocurrency space. Mac has also handled a wide array of commercial, contract, and fraud matters, and has accrued extensive trial experience, representing and successfully litigating against some of the largest financial institutions in the world.
Work Highlights
- Co-founding business partner in defense of accusations of trade secret misappropriation and other commercial misconduct, and pursued parallel counterclaim strategy to obtain contractual damages.
- Cryptocurrency and stable coin software developer in defense of alleged trade secret misappropriation, resulting in successful dismissal of claims.
- Departing CEO defending against various commercial and contract claims, resulting in favorable settlement and abandonment of all claims.
- FinancialApps, a developer of financial services software, in its suit against Envestnet, a $3 billion wealth management software provider, and its subsidiary Yodlee, a consumer financial data aggregator, alleging theft of FinApps’ valuable proprietary information and trade secrets to unlawfully develop software products that compete with FinApps.
- Alexandria Real Estate Equities in claims against New York City in connection with contract and fraud claims related to the Alexandria Center for Life Sciences.
- Former CEO and Chairman of Phoenixus AG and Vyera Pharmaceuticals in unprecedented Sherman Act claims in an antitrust action brought by the FTC and seven state Attorneys General in the Southern District of New York.
- A hedge fund and its principal, independent members of the board of directors of a large publicly traded energy company, in litigation arising from a failed merger.
- Eros International, a leading Bollywood film producer, in the defense of a putative securities class action. We successfully argued before the U.S. Court of Appeals for the Second Circuit to secure the dismissal, with prejudice, of all alleged securities fraud claims.
- Eros International in defamation claims against several hedge funds and market participants that conspired to execute a multi-year short-and-distort scheme against Eros.
- The Renco Group and certain shareholders in the defense of thousands of individual suits brought by Peruvian plaintiffs asserting mass tort and vicarious liability claims related to the operation of a polymetallic smelter.
- Patriot National in defending against an action by two hedge funds concerning the sale of securities in a private investment in public equity (“PIPE”) transaction.
- Patriot National and its directors in defending against a shareholder action in Delaware Chancery Court asserting breach of fiduciary duty claims.
- An industrial conglomerate in a jury trial pursuing securities fraud claims for insider trading and market manipulation against a major investment bank.
- A publicly traded commercial finance company in pursuing common law and statutory securities fraud claims in Texas involving a subordinated debt financing arrangement.
- Two investment advisory firms in pursuing contract and other claims related to the improper redemption of certain bonds in violation of their governing indentures.
- MBIA, one of the world’s largest monoline insurers, in litigation brought by 18 of the world’s largest banks seeking to overturn MBIA’s corporate restructuring which, with the approval of the New York Department of Insurance, established a separate company for MBIA’s municipal bond insurance business. After a several-week evidentiary proceeding, the New York Supreme Court upheld MBIA’s restructuring, and MBIA received $1.7 billion in cash and a $500 million line of credit for its municipal bond insurance business.
- The indenture trustee for the pre-LBO notes in the Tribune Company bankruptcy and in litigation around the country related to fraudulent conveyance. We successfully opposed a motion to dismiss in California state court on sovereign immunity grounds.
- Hilton Worldwide in a civil action alleging trade secret misappropriation and other business torts brought by Starwood Hotels & Resorts. This highly complex case, described by the media as "Grishamesque," settled after approximately one year of discovery.
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