Anthony DeCinque is a senior associate in the firm’s litigation department. His practice focuses on complex commercial cases and appeals. He has experience in all aspects of litigation, from pre-suit investigations through appeals. Anthony is an accomplished legal writer and is adept at using technology to his clients’ advantage in intricate cases.
Anthony represents clients in a variety of industries throughout the country. He has represented banks, insurance companies, pharmaceutical companies, consumer-products manufacturers, law firms, and hedge funds, among others. He is also a dedicated participant in the firm’s pro bono program, logging more than 100 hours of pro bono service each year.
Before joining the firm, Anthony served as a Law Clerk to Morton I. Greenberg, United States Circuit Judge for the Third Circuit, and as a Legal Intern to Peter C. Dorsey, United States District Judge for the District of Connecticut.
Anthony has advised an energy company as to whether it could assert contract claims against a foreign nation after equipment was damaged in a civil war. He has also investigated allegations of employee misconduct in foreign nations, including China and countries in the Middle East. As part of these investigations, Anthony helped counsel the clients as to whether they needed to self-report the employee misconduct to American authorities.
Civil Procedure, Discovery
Anthony has helped shepherd many cases through discovery. He is familiar with document-review technologies and believes that they make reviews faster, cheaper, and more accurate. Anthony also has used the court’s procedural rules for his clients’ benefit. For example, he was part of a team that defended a manufacturer being sued for false advertising in multiple class actions across the country. The team successfully consolidated the class actions in a single federal court and then disposed of the cases by negotiating a favorable settlement.
Anthony has worked with expert witnesses in several cases, overseeing their work and helping them prepare their testimony. Anthony also has experience taking and defending expert depositions. In one case, Anthony oversaw an expert tasked with reviewing more than 1,600 loan files to determine whether the loans were properly made. Anthony worked with the expert to hire a team of reviewers who examined the loans under the expert’s supervision over the course of a year. The final expert report included more than 100,000 pages of exhibits, and the defendant soon settled for nearly $1 billion.
Anthony has drafted multiple motions to dismiss and motions for summary judgment. For example, Anthony researched and drafted a motion for summary judgment on behalf of an insurance company that had insured residential-mortgage-backed securities. The brief argued that standard insurance principles should apply to these policies, even though the underlying collateral was more complicated than in most insurance cases. The court granted the motion, establishing legal principles that the firms’ clients have relied on in many other cases.
When a plaintiff sued four law firms, one of whom was a client, Anthony recommended that the client not pursue the same defense as the other firms. In a motion to dismiss that Anthony researched and drafted, the client distinguished its situation from that of the other defendants’. The court granted the motion and dismissed all claims against the client. The other defendants were stuck in litigation for more than five years.
On behalf of an industrial-equipment manufacturer, Anthony wrote a summary judgment brief arguing that the manufacturer had not “induced” other parties to commit patent infringement. The court agreed and dismissed all claims against our client.
In addition to significant experience obtained through an appellate clerkship, Anthony has drafted a number of appeals in state and federal courts. For a hedge-fund client involved in a partnership dispute, Anthony drafted a successful motion seeking review by New York’s highest court. The client had already lost in the trial court and the mid-level appellate court. The high court accepted the case and summarily reversed the decision below. This was a resuscitating win for the client, and the opposing party soon settled on terms favorable to our client.
Trials and Arbitrations
Anthony was part of the team that litigated a patent-licensing dispute worth several hundred million dollars. After a two-week arbitration, the arbitrators ruled entirely in our client’s favor. In addition to preparing witnesses, Anthony helped draft a successful post-arbitration motion for attorney’s fees.
Anthony was also part of the team that asserted on behalf of a pharmaceutical client a laches defense to a patent-infringement claim. In a week-long trial, the team showed that the patent owner had slept on his rights. The district court ruled in the client’s favor and dismissed all claims. The defendant’s appeal is currently pending in the United States Supreme Court.
Finally, Anthony was one of the lead attorneys in a post-conviction lawsuit the firm filed on behalf of a pro bono client. During the week-long hearing, Anthony handled the direct examination of the original trial attorney, who was not a cooperative witness. Nonetheless, under Anthony’s questioning, the attorney admitted that he had failed to supervise an expert witness who was crucial to the defendant’s case.
- U.S. Court of Appeals, Third Circuit
- U.S. District Court, Southern and Eastern Districts of New York
- New York
MEMBERSHIP: Associate Member, Scribes – The American Society of Legal Writers
MEMBERSHIP: Member, Clarity International