Frank S. DiCarlo is a litigator and trial lawyer with extensive experience representing plaintiffs and defendants in multi-billion dollar commercial, complex financial, securities, RICO, bankruptcy, insurance, employment and contractual disputes in state and federal courts across the country. He represents numerous investment and hedge funds, financial institutions and corporations. Frank has been recognized in New York Metro Super Lawyers in the area of General Litigation.
- MF Global Holdings, as Plan Administrator, in a highly publicized $3 billion trial against PwC for accounting malpractice in the U.S. District Court for the Southern District of New York. The lawsuit, which received widespread international media coverage, settled during the third week of trial.
- The Ad Hoc Committee of Term Loan Lenders in General Motors $1.5 billion avoidance action.
- Fat Cat Billiards in the defense of statutory wage and tip violations by current and former employees.
- Fairfax Financial Holdings, the largest insurance company in Canada, in recovering $31 million, including winning a jury verdict of $5.4 million in compensatory damages against hedge fund Exis Capital and a $5.5 million jury verdict in punitive damages against Exis Capital and two former executives in a New Jersey RICO case involving blatant insider trading, market manipulation and short selling attacks by hedge funds and investment firms. Morgan Keegan, originally a defendant, settled with Fairfax for $20 million shortly before trial. In addition to Fairfax’s $31 million recovery on this action, Fairfax secured additional prior settlements with other defendants.
- Loreley Financing, in analyzing and bringing claims against major investment banks and other financial institutions concerning billions of dollars of collateralized debt obligations and other structured finance products. Frank completed a secondment with the foreign bank.
- Harbinger Capital Partners, a prominent hedge fund and majority shareholder of LightSquared, in connection with litigations against LightSquared’s largest creditor in Chapter 11 bankruptcy proceedings. In one of these adversary proceedings, the bankruptcy court held – after a trial on the merits – that the creditor breached the implied covenant of good faith and fair dealing and the creditor’s misconduct warranted equitable subordination of its interest.
- Harbinger Capital Partners seeking over $1.5 billion in damages for violating federal and state racketeering and other laws.
- A Delaware limited liability company in a corporate governance dispute with certain members resulting in the successful effectuation of a contested amended operating agreement, appointment of a new CEO, and implementation of other corporate governance structures.