Susan F. DiCicco litigates securities and complex commercial cases, principally representing financial institutions and hedge fund managers in cases throughout the country. She focuses on complex financial transactions and fixed-income products (particularly structured finance transactions). Susan regularly assists clients with trading issues and disputes, as well as assessing risks on new complex products and formulating strategies for existing transactions. Clients recognize Susan as a practical litigator who is fully versed in their businesses. Susan serves as the practice leader for the firm’s global Commercial Litigation practice.
In the securities defense field, Susan litigates securities class actions and a variety of cases asserting fraud claims under the 1933 Act, the 1934 Act and state blue-sky statutes. She recently obtained a full dismissal for the syndicate of underwriters in the putative class action arising from the Fairway Markets IPO (SDNY), as well as a full dismissal for the underwriters in a putative class action involving the EveryWare global secondary offering (SD Ohio), which was affirmed on appeal. She currently represents a national organic grocer in a putative securities class action filed in Arizona. She also advises clients in several matters involving commercial and residential mortgage-backed securities, asset-backed securities, structured products, CDOs, CLOs, distressed debt trades, repos, whole loans, loan participations, and a variety of swaps and options.
In the complex commercial space, Susan handles a wide variety of litigation for institutional parties, including real estate disputes, banking litigation, lender liability litigation, bankruptcy litigation, and secured lending disputes. She also serves as national coordinating litigation counsel for a real estate investment manager.
Kenneth M. Kliebard is a litigation partner at Morgan, Lewis & Bockius LLP. Ken has over twenty-five years of experience litigating complex commercial lawsuits in federal and state courts across the country, with a particular focus on class actions, antitrust, and financial services litigation.
Described by Legal 500 as having “an excellent reputation for defending clients in consumer finance cases,” Ken litigates such consumer protection statutes as the Electronic Communications Privacy Act (ECPA), the Telephone Consumer Protection Act (TCPA), the Fair Credit Reporting Act (FCRA), the Truth in Lending Act (TILA), RICO, the Electronic Fund Transfer Act (EFTA), the Credit Repair Organizations Act (CROA), the Fair Debt Collection Practices Act (FDCPA), California’s Business and Professions Code § 17200, and state consumer protection and UDAP laws. He recently obtained a series of victories in class action and qui tam cases across the country on behalf of one of the nation’s largest consumer banks alleging the bank failed to pay transfer taxes on foreclosed homes, including wins in the Sixth Circuit and two in the Oklahoma Supreme Court.
Ken has appeared on major news outlets to explain complicated legal issues. He has spoken to CNBC, The National Law Journal, The Recorder, and Law360, as well as various trade publications.