David J. Fioccola

Partner | New York

I strive to be an advocate who is strategic and practical. Sometimes the solution to a problem is litigation, sometimes it’s business, and oftentimes it’s a mix of both.

Experience

(S.D.N.Y.). Represented Sprint and SoftBank at trial against multiple State Attorneys’ General seeking to block the T-Mobile-Sprint merger as anti-competitive. After a two-week trial, the Court dismissed the States’ claims in their entirety and the merger closed on April 1, 2020.

(S.D.N.Y.). Represented Nordstrom in a putative class action that alleged that Nordstrom’s disclosures in connection with its credit card accounts violated the Truth in Lending Act. Won motion to dismiss. (2016)

Represents Fortune 100 companies and financial institutions in regulatory investigations and enforcement actions by the Consumer Financial Protection Bureau, the Office of the Comptroller of the Currency, and the New York Department of Financial Services. (Ongoing)

Won multi-million dollar award for a major South American mining company in two-week ICC arbitration with an international contract miner in a dispute involving allegations of breaches of the master services agreement, and engineering, procurement, and construction agreements. (2014)

(D. Conn.).Won dismissal for two major financial institutions in federal RICO purported class and individual actions alleging that online merchants and payment-card issuers conspired to exchange payment-card data to enroll consumers in discount membership programs. (2014)

(N.D. Cal.). Won dismissal for a major financial institution in a class action challenging the imposition of late and over-limit fees as a violation of the Sherman Act and the National Bank Act. (2014)

(E.D.N.Y.). Representing a major financial institution in federal antitrust class and individual actions alleging that the payment card practices of the defendant card networks and financial institutions constitute an unreasonable restraint of trade and illegal monopolization in what is likely the largest private antitrust suit ever brought. (Ongoing)

(S.D.N.Y.) Won dismissal for major financial institution in RICO and FDCPA class action challenging credit card debt collection processes. (2013)

(N.Y. Supreme Ct.) Won dismissal of contract-based claims against OTG concerning the operation of concessions at JetBlue’s Terminal 5 at JFK Airport. (2012)

(S.D.N.Y.) Representing New York State inmates in a purported class action challenging the use of solitary confinement on constitutional grounds. This case has been widely reported in the press, including coverage in The New York Times. (Ongoing)

Recommended in Product Liability, Mass Torts, and Class Action (Defense) for Toxic Tort Defense

The Legal 500, 2022