Practice Expertise

  • Corporate and Securities Litigation
  • Complex Consumer and Financial Services ...
  • Fiduciary Litigation
  • Appellate

Areas of Practice

  • Appellate
  • Complex Consumer and Financial Services ...
  • Corporate and Securities Litigation
  • Fiduciary Litigation
  • Appeals
  • Financial Services Litigation
  • Internal Investigations
  • Issues and Appeals
  • Litigation
  • Real Estate Litigation
  • Securities Litigation and SEC Enforcement
  • White Collar Defense and Internal ...
  • White Collar, Regulatory Defense and ...
  • View More

Profile

Patrick maintains a national litigation practice in which he handles some of his clients’ most sensitive matters.

Patrick’s practice focuses on representation of public and private companies, investment banks, private equity funds, accounting firms, and executives in complex civil litigations and arbitrations, securities class actions, and civil and criminal investigations. He has significant experience counseling financial institutions in litigation arising from the issuance, marketing, and administration of structured credit products, including residential and commercial mortgage backed securities, credit default swaps, guaranteed investment contracts, repurchase facilities, and asset backed commercial paper facilities.

Patrick also leads the Firm’s Real Estate Litigation practice in New York. In that role, he has represented commercial lenders, sponsors, developers, commercial landlords, tenants, and high net worth individuals in a variety of complex commercial litigation and arbitration. Recent representations include disputes regarding commercial mortgage and mezzanine debt, commercial landlords and tenants (including Yellowstone injunctions), complex joint-ventures and partnerships, land use, rights of first offer and refusal, and the purchase and sale of large commercial properties. Patrick has represented various parties throughout the United States in connection with real estate receiverships, judicial and non-judicial foreclosures, and UCC sales.

Patrick received his law degree from Columbia Law School where he was a Harlan Fiske Stone Scholar. He received his undergraduate degree, with highest distinction and Phi Beta Kappa, from the University of North Carolina at Chapel Hill. Patrick is an invited guest lecturer at the Harvard Kennedy School’s annual two-week seminar for CEOs and Presidents of China’s largest financial institutions. He lectures on a variety of topics, including risk management for U.S. based financial institutions.

Patrick’s pro bono experience includes representing clients in child custody and support hearings in New York and North Carolina and representing Iraq and Afghanistan war veterans in disability proceedings before the Department of Veterans Affairs.

Relevant Experience

  • M&A Litigation: Represented multiple mortgage originators and servicers in litigation arising in connection with post-financial crisis acquisition of privately held mortgage originators and servicers.
  • Mortgage Servicing Litigation: (M.D. La. / M.D. Ohio) Represents one of the nation’s largest mortgage servicers in litigation regarding its mortgage servicing practices.
  • Civil and Criminal Investigations: Represents national financial services company in connection with 38 state Attorneys General investigation of company’s marketing practices.
  • Mortgage Repurchase Litigation: (S.D.N.Y.) Represents one of the nation’s largest mortgage servicing companies in multiple civil litigations arising in connection with RMBS investor repurchase demands.
  • Civil and Criminal Investigations: Represented public company in response to New York Attorney General’s investigation of its daily fantasy sports offerings.
  • Repurchase Litigation: (S.D.N.Y.) Successfully defended major municipality in dispute regarding interpretation of repurchase agreements entered into in connection with municipal bond financing.
  • Syndicated Lending: Represents lenders in multiple disputes regarding rights and obligations of syndicated lending agent and with respect to assignment of rights in syndicate.
  • Financial Fraud: Represented Bank of America in federal civil actions (S.D. Fla. / D.D.C.) and bankruptcy proceedings (M.D. Fla./ M.D. Al.) in connection with losses incurred on behalf of Ocala Funding, an asset backed commercial paper facility that was defrauded in connection with the multi-billion dollar collapse of Taylor, Bean & Whitaker Mortgage Corp. and Colonial Bank.
  • Civil and Criminal Investigations: Represented national bank in investigations by the SEC and the New York Attorney General in connection with the administration of Residential Mortgage Backed Securities.
  • Financial Fraud: (S.D.N.Y.) Represents Fortune 500 company in connection with losses incurred in connection with $2 billion WG Trading Ponzi scheme. In a heavily litigated dispute regarding the allocation of losses between classes of investors, the federal district court ultimately ruled in client’s favor.
  • Securities Litigation: (W.D.N.C. / N.C.Bus.Ct.) Successfully defended chief executive officer of publicly traded company against civil claims of securities and common law fraud.
  • Financial Fraud: (M.D.Fla.) Successfully obtained permanent injunctions on behalf of Wachovia Bank in connection with €100 million advance fee prime bank fraud.
  • Structured Products Litigation: (S.D.N.Y.) Successfully defended Wachovia Bank in federal suit alleging fraud and breach of the terms of an ABS CDS transaction, in which the Court awarded client damages and all of its attorneys' fees.
  • Structured Products Arbitration: Successfully defended Wachovia Capital Markets, LLC in FINRA arbitration alleging unsuitability of investment related to collateralized debt obligations.
  • Financial Fraud: (S.D.N.Y.) Obtained dismissal for Fortune 50 bank in putative RICO class action arising from international Ponzi scheme perpetrated by the Trans Continental family of companies and former boy-band producer Lou Pearlman.
  • Civil and Criminal Investigations: Represented insurance broker and title insurance industry association in investigations by the New York Attorney General.
  • Financial Fraud: (W.D.N.C.) Successfully defended real estate brokers and agents in connection with Villages of Penland Ponzi scheme. Also represented principals in connection with investigations by DOJ and the U.S. Attorney’s Office for the WDNC.
  • Merger Litigation: (N.C.Bus.Ct.) Successfully represented Wells Fargo in defense of a lawsuit to enjoin $12 billion merger with Wachovia Bank. After court denied plaintiffs’ motion for a preliminary injunction, the merger was consummated successfully.
  • Civil and Criminal Investigations: Represented privately held company in investigation by the U.S. Attorney’s Office, EDNY, and in subsequent civil litigation arising out of competitor’s bankruptcy.
  • Securities Litigation: (S.D.N.Y.) Represented insurance broker in multiple securities class actions alleging bid rigging and other allegedly material omissions.
  • Securities Litigation: (S.D.N.Y.) Represented Bear Stearns in shareholder class action alleging widespread manipulation of the market for initial public offerings. Won reversal of class certification before the Second Circuit Court of Appeals.
  • Financial Fraud: Successfully represented title insurance company in fraud and fraudulent conveyance actions related to collapse of brokerage house Stratton Oakmont.
  • Securities Litigation: Represented accounting firm in securities class actions alleging material omissions regarding financial condition of publicly traded companies.
  • Civil and Criminal Investigations: Participated in internal investigations for Fortune 500 companies regarding dating of stock options.

Bar Admissions

  • New York
  • North Carolina

Education
BA, University of North Carolina at Chapel Hill, Political Science, highest distinction, Phi Beta Kappa

Areas of Practice

  • Appellate
  • Complex Consumer and Financial Services Litigation
  • Corporate and Securities Litigation
  • Fiduciary Litigation
  • Appeals
  • Financial Services Litigation
  • Internal Investigations
  • Issues and Appeals
  • Litigation
  • Real Estate Litigation
  • Securities Litigation and SEC Enforcement
  • White Collar Defense and Internal Investigations
  • White Collar, Regulatory Defense and Investigations

Professional Career

Significant Accomplishments
  • Financial Fraud: Represents national bank in federal civil actions (S.D. Fla. / D.D.C.) and bankruptcy proceedings (M.D. Fla.) in connection with losses incurred on behalf of Ocala Funding, an asset backed commercial paper facility that was defrauded in connection with the multi-billion dollar collapse of Taylor, Bean & Whitaker Mortgage Corp. and Colonial Bank.
  • Financial Fraud: (S.D.N.Y.) Represents Fortune 500 company in connection with losses incurred in connection with $2 billion WG Trading Ponzi scheme. In a heavily litigated dispute regarding the allocation of losses between classes of investors, the federal district court ultimately ruled in client's favor.
  • Financial Fraud: (M.D.Fla.) Successfully obtained permanent injunctions on behalf of Fortune 50 bank in connection with €100 million advance fee prime bank fraud.
  • Financial Fraud: (S.D.N.Y.) Obtained dismissal for Fortune 50 bank in putative RICO class action arising from international Ponzi scheme perpetrated by the Trans Continental family of companies and former boy-band producer Lou Pearlman.
  • Financial Fraud: Successfully represented title insurance company in fraud and fraudulent conveyance actions related to collapse of brokerage house Stratton Oakmont.
  • Financial Fraud: (W.D.N.C.) Successfully defended real estate brokers and agents in connection with Villages of Penland Ponzi scheme. Also represented principals in connection with investigations by DOJ and the U.S. Attorney's Office for the WDNC.
  • Derivatives Litigation: (S.D.N.Y.) Successfully defended national bank in federal suit alleging fraud and breach of the terms of an ABS CDS transaction, in which the Court awarded client damages and all of its attorneys' fees.
  • Derivatives Litigation: Successfully defended registered broker-dealer in FINRA arbitration alleging unsuitability of investment related to collateralized debt obligations.
  • Merger Litigation: (N.C.Bus.Ct.) Successfully represented acquirer in defense of a lawsuit to enjoin $12 billion merger with Charlotte-based commercial and investment bank. After court denied plaintiffs’ motion for a preliminary injunction, the merger was consummated successfully.
  • Securities Litigation: (S.D.N.Y.) Represented insurance broker in multiple securities class actions alleging bid rigging and other allegedly material omissions.
  • Securities Litigation: (S.D.N.Y.) Represented Bear Stearns in shareholder class action alleging widespread manipulation of the market for initial public offerings. Won reversal of class certification before the Second Circuit Court of Appeals.
  • Securities Litigation: (W.D.N.C. / N.C.Bus.Ct.) Successfully defended chief executive officer of publicly traded company against civil claims of securities and common law fraud.
  • Securities Litigation: Represented accounting firm in securities class actions alleging material omissions regarding financial condition of publicly traded companies.
  • Civil and Criminal Investigations: Represented national bank in investigations by the SEC and the New York Attorney General in connection with the administration of Residential Mortgage Backed Securities.
  • Civil and Criminal Investigations: Represented insurance broker and title insurance industry association in investigations by the New York Attorney General.
  • Civil and Criminal Investigations: Represented privately held company in investigation by the U.S. Attorney's Office, EDNY, and in subsequent civil litigation arising out of competitor’s bankruptcy.
  • Civil and Criminal Investigations: Participated in internal investigations for Fortune 500 companies regarding dating of stock options.


Professional Associations
  • Member, Association of the Bar of the City of New York
  • Member, Mecklenburg County Bar Association

Professional Activities and Experience
  • Selected as a “Rising Star,” New York Super Lawyers, 2012-2015. A description of the selection methodology can be found on Super Lawyers’ webpage.


Articles

  • Watchdog eyes bankers, Charlotte Business Journal
  • Erosion of Discovery Stay Provision of PSLRA and SLUSA, Insights, The Corporate & Securities Law Advisor, Vol. 19, No. 1
  • Communications Law: Recent Developments in Defamation Law, Practicing Law Institute

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