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Darrell Cafasso

Partner

New York

Darrell Cafasso is a first-chair trial lawyer and an experienced and trusted advisor to the world’s leading financial services firms and public companies in high-profile, critical company matters. Darrell brings to his client work a deep and practical understanding of the financial sector and unique experience in guiding the world’s largest multinational companies through their highest stakes matters.

Prior to joining Orrick, Darrell served as the Global Head of Litigation and Regulatory Proceedings at Goldman Sachs, where he served as a key advisor to the firm and oversaw litigation, arbitration, and other disputes, as well as regulatory, criminal, and investigative proceedings, affecting Goldman Sachs, its world-wide affiliates, or their employees. In this role, Darrell managed a large international team of lawyers that determined legal strategy for threatened or actual litigations, regulatory and criminal matters and other contentious proceedings, oversaw internal investigations, and advised legal and business constituencies on legal, reputational and regulatory risks and issues involving all businesses of Goldman Sachs including investment banking, global markets, merchant banking, research, trading, lending, M&A, asset and wealth management, and consumer lending. Darrell was responsible for the firm’s most critical litigation and regulatory matters and successfully resolved a number of important matters on behalf of the firm.

Before joining Goldman Sachs in 2018, Darrell was a litigation partner at Sullivan & Cromwell LLP. Over the years, Darrell has litigated a broad range of commercial cases, including in the areas of securities, banking, financial services, consumer financial products, products liability, business torts, bankruptcy litigation, ERISA and other complex corporate litigation. For example, Darrell has represented several financial institutions and public companies, including Goldman Sachs, JPMorgan, Moody’s, Banco Popular, and Fiat Chrysler, in numerous securities class actions, shareholder litigations and other disputes. Darrell also has guided corporate and individual clients across the globe through multi-billion-dollar investigations, enforcement proceedings, and significant compliance matters including a wide range of matters before the DOJ, the SEC, the CFTC, FINRA, the Federal Reserve Bank, the New York Department of Financial Services and various state attorneys general, and foreign bank regulators. For example, Darrell advised Goldman Sachs in reaching coordinated resolutions in multiple criminal and regulatory investigations in jurisdictions around the world relating to an alleged multi-billion-dollar money laundering and corruption scheme involving the Malaysian sovereign development company, 1MDB, and senior public officials in Malaysia and the United Arab Emirates. Darrell also served as lead counsel to one of the preeminent automobile manufacturers in multiyear criminal and regulatory investigations relating to diesel emissions, sales reporting and bribery issues.

    • Lead trial counsel for UBS Asset Management in securing $100 million judgment in landmark victory with broad implications for the private credit and secured lending industry, earning AmLaw Litigator of the Week recognition
    • Lead appellate counsel for prominent alternative asset management firm, successfully obtaining reversal on appeal of denial of summary judgment in litigation brought by preferred shareholders over redemption rights, and earning AmLaw Litigator of the Week recognition
    • Representing Goldman Sachs in residential mortgage-backed securities cases (RMBS) alleging breaches of contractual representations and warranties concerning securitized mortgage loans
    • Defending Goldman Sachs in environmental tort litigation relating to emissions from a waste treatment and composting facility
    • Representing Goldman Sachs, Morgan Stanley, JPMorgan and other underwriters of initial and secondary offerings in multiple securities class actions alleging misrepresentations in the relevant offering documents
    • Representing prominent real estate and infrastructure firm in connection with litigation against Amazon Energy surrounding the development of renewable energy projects
    • Leading multiple internal investigations for global crypto liquidity provider into certain conduct by C-suite personnel
    • Representing Louis Dreyfus Company in class action and opt-out litigation alleging violations of the Commodities Exchange Act and the Sherman Act for purported manipulation of the price of cotton futures
    • Representing prominent cryptocurrency firm in shareholder dispute regarding minority shareholder oppression issues
    • Served as lead counsel to automobile manufacturer in multidistrict class action litigation and criminal and regulatory investigations by the DOJ, EPA, SEC and state attorneys general relating to diesel emissions issues
    • Represented automobile manufacturer in civil litigation and investigations by the DOJ and SEC relating to its vehicle sales reporting methodologies and disclosures
    • Represented corporate client in criminal investigation for alleged Taft-Hartley Act violations
    • Represented CEO of fortune 500 company in SEC investigation
    • Represented prominent corporate executive in numerous class action litigations and regulatory matters concerning mortgage servicing practices and disclosures
    • Served as national coordinating counsel for JPMorgan Chase for dozens of litigations and investigations relating to residential mortgage-backed securities issued by JPMorgan Chase, Bear Stearns and Washington Mutual
    • Represented prominent U.S. bank in multidistrict litigation, private lawsuits and regulatory inquiries by the CFPB and the OCC arising from the offering of overdraft protection products
    • Represented U.S. financial holding company in a DOJ redlining investigation concerning lending practices
    • Represented foreign banking institution in securities, derivative and ERISA actions relating to loan loss provisions
    • Represented prominent investment bank in numerous civil matters relating to leverage buyouts, securities offerings, and investment activities
    • Represented international financial institution in employment litigation relating to the Lehman bankruptcy
    • Represented large liquor producer in civil RICO action relating to the distribution of liquor products in certain countries

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