Nicholas Poli specializes in complex commercial litigation representing large, sophisticated clients in their most important matters in state and federal courts across the country.

Nicholas has extensive experience in issues arising out of the financial crisis, including a range of issues relating to residential mortgage backed securities (“RMBS”) and lending practices. He has represented issuers and sponsors of RMBS in fraud and breach of contract cases, as well as federal and state securities actions. Nicholas also served as the lead associate on a trial team that defended a global financial institution during a two-week trial in the New York Supreme Court.  

Nicholas is a key member of the Orrick team that represents Credit Suisse, a Swiss multinational investment bank and financial services company, and has represented this client in more than a dozen cases. This includes defending the client against claims brought by investors, trustees, and monoline insurance companies in connection with the purchase and sale of RMBS. Nicholas also completed a secondment at Credit Suisse, where he was in the litigation and investigations group. During this time, he worked on regulatory matters involving FINRA, the SEC, the DOJ, the CFTC, and the NY Department of Financial Services. Additionally, he handled internal investigations addressing issues such as insider trading.

Nicholas is also a member of the Orrick team representing one of the nation’s largest mortgage loan servicers. This engagement covers all of the company’s RMBS related legal issues. Nicholas has also represented this company in a class action lawsuit involving allegations of improper loan servicing practices.

  • Nicholas' experience includes: 

    • Representing a major financial institution in connection with over a dozen lawsuits, representing billions of dollars of alleged liability, brought by monoline insurers, investors, and trustees of residential mortgage-backed securitizations.
    • Working with a team, litigating a high-profile civil RICO consumer class action against our client Ocwen, a Florida-based loan servicing company. We took the case over from another firm after the class was certified, and engaged in merits discovery and extensive expert analysis, in an attempt to narrow down the class size and damages amount, in preparation for our motion for summary judgment. 
    • Representing an online advertising company in an action in New York State Supreme Court against former employees who made disparaging comments about our client in anonymous posts on a review website. We sought discovery to determine the identities of the anonymous posters, which resulted in all of the posts being removed from the website.
    • Representing an online advertising company in an action in New York Supreme Court in regards to breach of contract claims. 
    • Representing a sports club holding company in negotiating with the NYS Department of Finance and Taxation about the potential tax payment due relating to its captive insurance company. 
    • Providing advisory advice to a large mortgage servicer in regards to possible events of default. 
    • Working with an Orrick team that provided our client, a public relations, advertising, government affairs, and campaign management company, with support responding to a subpoena sent by US DOJ, SDNY and the Manhattan DA regarding an investigation by both offices concerning NY campaign finance laws. 

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