Riccardo M. DeBari
Rich is a partner in the firm's Business Litigation and Securities & Shareholder Litigation practice groups. His practice spans many areas of civil litigation and commercial arbitration, representing clients in complex commercial and securities litigation matters.
He serves a range of clients in the financial services sector, including securities broker-dealers, clearing firms, underwriters, international and domestic banks, and mutual fund advisors. He focuses his practice on representing members of the financial services industry in litigation, customer and industry FINRA arbitration, mediation and regulatory matters.
Rich also counsels corporate clients, including publicly traded technology services and life science companies, on compliance with securities laws, shareholder issues and resolving commercial contract disputes. Rich has successfully litigated matters in state and federal courts around the country and frequently interfaces with regulators, including FINRA, the Securities and Exchange Commission (SEC) and state departments of labor.
Rich is very active with pro bono work, representing victims of domestic violence. He has served as a mentor in The New Jersey Law and Education Empowerment Project, which provides academic assistance to students from underserved neighborhoods in northern New Jersey, and he is currently serving as a member of the Thompson Hine New York office’s GiveBack Committee, a program structured to facilitate attorney participation in meaningful pro bono projects throughout the Greater New York City area.
Commercial Contract Disputes & Business Litigation
- Represented a publicly traded technology services company in myriad business disputes with vendors and commercial counterparties, successfully resolving offensive and defensive contract and tort claims regarding disputed invoice obligations, improper employee poaching and customer solicitation, scope of work issues and post-project closeout negotiations.
- Multiple successful engagements defending a national bank from claims alleging Truth in Lending Act (TILA) violations and alleged breaches of state consumer protection laws.
- Represented a leading global distributor of network and security solutions in defeating breach of contract, misappropriation and alleged misuse of trade secrets action brought on by competitor’s motion for a temporary restraining order and preliminary injunction.
- Obtained a federal jury verdict and prevailed in appeal before Second Circuit Court of Appeals re-instating jury’s additional award of attorneys’ fees on behalf of a Manhattan-based supply and import company following breach of contract trial.
- Won pre-answer dismissal for lack of personal jurisdiction and forum non convenience on behalf of private company and individual director defendant clients in a cross-border breach of contract dispute involving sports monitoring intellectual property technologies.
- Represented a nonprofit biomedical research company suing a patent licensee for breach of contract and defended against counterclaims for fraudulent inducement in clinical research licensing agreement disputes.
- Advised a foreign bank on multinational subpoena enforcement matters.
Securities and Shareholder Litigation and Arbitration Practice
- Represented a publicly traded life science company, its directors and officers in responding to books and records demands and in defending against multi-district shareholder litigations and securities class actions involving allegations of breach of fiduciary duties and violations of federal securities laws.
- Successfully tried several FINRA customer and industry arbitration claims and expungement proceedings on behalf of several securities broker-dealers, underwriters and associated persons involving claims of unsuitable securities sales, lack of supervision and violations of MSRB municipal bond rules.
- Obtained pre-discovery dismissal of putative shareholder class action alleging naked short selling and securities fraud violations against securities clearing firm in multi-year litigation within the New Jersey state and federal court systems.
- Aided multiple biopharma companies with responses to FINRA and SEC regulatory inquiries regarding outside sales of company stock and internal governance practices.
- Represented a client in shareholder proxy contest and offensive books and records demand litigation involving mutual fund advisory services and 1940 Act issues.
- Obtained in summary judgment and preserved on appeal dismissal of federal tort action brought by clearing firm against other national securities clearing firms alleging conversion and unjust enrichment for defendants’ custodial clearing of stock dividend proceeds to end retail customers that were byproduct of securities fraud.
- Defended individual client in parallel civil and criminal securities fraud actions brought by SEC and Manhattan District Attorneys’ Office.
Business Counseling and Corporate Governance
- Counseled small and mid-sized clients with Paycheck Protection Program (PPP) loan expertise for borrowers spanning several industries and involving various corporate structures.
- Advised a healthcare software company with key contract advice and on regulatory compliance with federal anti-kickback, privacy and telecommunications statutory regimes.
- Conducted an internal investigation into claims of gender-based misconduct and discrimination by employees of multinational financial services firm.
- Advised an automotive manufacturing giant’s appointed independent expert panel who were reviewing, analyzing and reporting on the company’s quality and safety practices.
- Quoted in, "Robinhood Fine A Harbinger Of Looming Regulatory Clashes," Law360, July 2, 2021
- "Supreme Court Issues Ruling in Goldman Sachs v. Arkansas Teacher Retirement System," Thompson Hine Business Litigation Update, June 2021
- “Pandemic Poison Pill Wave Crashes,” Thompson Hine COVID-19 Update, March 2021
- Co-author, “No Such Thing as a Free Loan: PPP Loan Risk Mitigation,” New York State Bar Association Corporate Counsel Section Inside, Summer 2020
- “SBA Issues Updated PPP Loan Forgiveness Applications and Additional Clarifications,” Thompson Hine COVID-19 Update, June 24, 2020
- “PPP Flexibility Act Becomes Effective, Modifying Options for Borrowers and Providing Additional Benefits,” Thompson Hine COVID-19 Update, June 5, 2020
- “SBA Releases New Rules on PPP Loan Forgiveness and SBA Review Process,” Thompson Hine COVID-19 Update, May 27, 2020
- “SBA Releases PPP Loan Forgiveness Application and Related Instructions,” Thompson Hine COVID-19 Update, May 19, 2020
- “UPDATE: SBA Extends PPP Loan Safe Harbor Deadline to May 18, 2020,” Thompson Hine COVID-19 Update, May 2020
- “SBA Issues Additional Guidance on PPP ‘Necessity’ Certification – No Extension of Safe Harbor Deadline of May 14, 2020,” Thompson Hine COVID-19 Update, May 2020
- “SBA Extends Safe Harbor Deadline from May 7 to May 14, 2020 for Return of Paycheck Protection Program Loan Funds and Promises Additional Guidance on the 'Necessity' Certification Prior to New Deadline,” Thompson Hine COVID-19 Update, May 2020
- “Paycheck Protection Program Loans and Certifying 'Necessity': New Guidelines Highlight Potential Civil and Criminal Exposure Related to Obtaining PPP Loans,” Thompson Hine COVID-19 Update, May 2020
- "Paycheck Protection Program: Borrowers Must Plan Now to Maximize Forgiveness," Thompson Hine Business Litigation Update, April 2020
- "FINRA Provide Critical Guidance on Net Capital Treatment of Loans Obtained by Broker Dealers through the Paycheck Protection Program of CARES Act," Thompson Hine Business Litigation Update, April 2020
- “FINRA Regulatory Guidance Provides Broker-Dealers Limited Relief Amid COVID-19 Outbreak,” Thompson Hine COVID-19 Update, March 2020
- “INSIGHT: FINRA Guidance Offers Broker-Dealers Minor Relief on Business Continuity Plans,” Bloomberg Law, March 2020
- “CARES Act: Implications for Businesses,” Thompson Hine COVID-19 Update, March 28, 2020
- “CARES Act: Paycheck Protection Program – Forgivable Loans for Small Businesses,” Thompson Hine COVID-19 Update, March 2020
- “New York Changes the Landscape of State Workplace Discrimination and Harassment Litigation,” Thompson Hine Labor & Employment @lert, August 2019
- "IM Coffee Chat – Crypto Update: What Was Included in the Infrastructure Bill?," Thompson Hine's Investment Management Coffee Chat Webinar Series, October 13, 2021
- Selected for inclusion New York Super Lawyers Rising Stars, 2016, 2017 and 2018
March 31, 2020
Thompson Hine Elects New PartnersThompson Hine LLP
January 09, 2019