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Dominic J. Picca

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Education

  • New York University (JD, 1991)
  • College of William & Mary (BA, 1988)

Bar Admissions

  • Connecticut
  • New York
  • United States Court of Appeals for the Second Circuit
  • United States District Court for the Eastern District of Michigan
  • United States District Court for the Eastern District of New York
  • United States District Court for the Northern District of New York
  • United States District Court for the Southern District of New York
  • United States District Court for the Western District of New York

Dominic is the head of and assigning partner for the New York office's Litigation Practice. He is also co-founder of Mintz Levin’s Distressed Debt & Claims Trading Practice.

Dominic is a commercial litigator who concentrates his practice in complex contract, partnership, securities, class action, and real estate disputes. He also has extensive experience litigating and advising clients with respect to disputes involving bankruptcy and distressed debt transactions, intellectual property, and biotechnology.  He is a member of the firm’s Privacy & Security Practice Group, and litigates data breaches and data security issues.  Dominic has been retained as a testifying and consultative expert relating to the purchase and sale of trade claims in bankruptcy.

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.

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.

Representative Matters

  • 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 multibillion-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 a 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 an arbitration related to rights and monetary claims related to an erectile dysfunction drug under a drug development and license agreement.
  • Won summary judgment in an arbitration relating to a multimillion-dollar real estate dispute in New York.
  • Won summary judgment in lieu of complaint under New York law for multimillions of dollars on behalf of an investor against guarantors of debtor. 
  • Represents 50% owner of LLCs that hold hundreds of millions of dollars in real estate in arbitration over management and potential dissolution of the LLCs.
  • Represents entity opposing TRO and preliminary injunction that seeks to prevent client from closing on ownership of large parcels of real estate in New York and leases connected thereto.
  • Successfully represented in arbitration a 50% owner of real properties (commercial and residential) in New York in management dispute with co-owner of the same real estate.
  • Successfully represented large, well-known franchise owners in opposing eviction actions by landlord and negotiated terms of new leases for the client.
  • Represented and advised client in connection with potential disputes over rights to develop solar energy on properties located throughout the USA.
  • Represents private property owner in connection with dispute over signage and ingress/egress rights with neighboring properties and property owners association.
  • Represents commercial developer in dispute with the Port Authority of New York/New Jersey in connection with dispute over the Port Authority’s putative award of development rights to properties located in New York City.
  • Represents client in negotiations between former property owner and its lender relating to environmental cleanup liability and remediation costs of real property located in Texas;
    Successfully represented major real estate developer concerning a dispute with its landlord over lease terms and eviction notice.
  • Successfully represented produce manufacturer in dispute with its landlord and the manufacturer’s general contractor over dispute caused by water damage experienced during the course of building the client’s commercial greenhouse plant.

Recognitions & Awards

  • Avenue Magazine: Legal Elite in Litigation (10.2010, 08.2011)
  • Martindale-Hubbell AV Preeminent

Professional & Community Involvement

  • Member, American Bar Association
  • Member, New York State Bar Association

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