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James R. Serritella is a partner in the Insolvency, Creditors’ Rights & Financial Products Practice Group of Davis & Gilbert. Mr. Serritella’s practice includes a broad range of commercial matters with a particular focus on complex contractual disputes in the financial services sector, bankruptcy litigation and insurance recovery on behalf of policyholders. He has defended claims relating to residential mortgage-backed securities (RMBS) and commercial mortgage-backed securities (CMBS) transactions, as well as preferential and fraudulent transfer claims brought by bankruptcy trustees, and lawsuits commenced by borrowers alleging violations of federal and state consumer protection laws. His practice also includes providing advice concerning coverage available under various types of insurance policies, including professional liability insurance, directors and officers liability insurance, employment practices liability insurance, and cybersecurity insurance.

In recognition of his achievements, Mr. Serritella was selected as a Rising Star by New York Metro Super Lawyers (2015-2016). Prior to joining Davis & Gilbert, Mr. Serritella was a litigation attorney at Anderson Kill & Olick, P.C.

REPRESENTATIVE ENGAGEMENTS

  • Defends global financial institutions in major Madoff litigation seeking recovery of alleged extraterritorial fraudulent transfers under the Bankruptcy Code and against state law claims of Madoff-related funds.
  • Defends a sponsor in RMBS transactions against putback and fraud claims.
  • Defends a broker-dealer in litigation concerning complex issues of jurisdiction, sovereign immunity and cross-border discovery.
  • Defends claims brought by borrowers in connection with CMBS transactions.
  • Pursued insurance proceeds in connection with business interruption and property damage claims, including claims related to Superstorm Sandy.

PUBLICATIONS

Co-Author, "Recent Decisions Have Shed Light on General Jurisdiction, But Ambiguity Remains for Defendants That Are Members of Affiliated Groups," Pratt's Journal of Bankruptcy Law, April/May 2016

Co-Author, “When Is It Too Late for Investors to Bring RMBS-Related Claims?The Banking Law Journal, October, 2013

Co-Author, “RMBS Put-Back Decision Regarding Timeliness is at Odds with Prevailing Case Law,” D&G Litigation Alert, July 2013

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS

American Bar Association
New York State Bar Association

BAR ADMISSIONS

New York
New Jersey
U.S. District Courts, Southern and Eastern District of New York
U.S. District Court, District of New Jersey
U.S. District Court, District of Connecticut
U.S. Court of Appeals, Second Circuit

EDUCATION

Cornell Law School, J.D., 2007
Binghamton University, B.A., 2003


REPRESENTATIVE ENGAGEMENTS

  • Defends global financial institutions in major Madoff litigation seeking recovery of alleged extraterritorial fraudulent transfers under the Bankruptcy Code and against state law claims of Madoff-related funds.
  • Defends a sponsor in RMBS transactions against putback and fraud claims.
  • Defends a broker-dealer in litigation concerning complex issues of jurisdiction, sovereign immunity and cross-border discovery.
  • Defends claims brought by borrowers in connection with CMBS transactions.
  • Pursued insurance proceeds in connection with business interruption and property damage claims, including claims related to Superstorm Sandy.

PUBLICATIONS

Co-Author, "Recent Decisions Have Shed Light on General Jurisdiction, But Ambiguity Remains for Defendants That Are Members of Affiliated Groups," Pratt's Journal of Bankruptcy Law, April/May 2016

Co-Author, “When Is It Too Late for Investors to Bring RMBS-Related Claims?The Banking Law Journal, October, 2013

Co-Author, “RMBS Put-Back Decision Regarding Timeliness is at Odds with Prevailing Case Law,” D&G Litigation Alert, July 2013

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS

American Bar Association
New York State Bar Association

BAR ADMISSIONS

New York
New Jersey
U.S. District Courts, Southern and Eastern District of New York
U.S. District Court, District of New Jersey
U.S. District Court, District of Connecticut
U.S. Court of Appeals, Second Circuit

EDUCATION

Cornell Law School, J.D., 2007
Binghamton University, B.A., 2003