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James R. Serritella counsels clients on a broad range of commercial matters with a particular focus on complex contractual disputes in the financial services and bankruptcy litigation sectors. He routinely defends clients in claims relating to residential mortgage-backed securities (RMBS) and commercial mortgage-backed securities (CMBS) transactions, as well as preferential and fraudulent transfer claims brought by bankruptcy trustees and lawsuits commenced by borrowers alleging violations of federal and state consumer protection laws.

James also advises clients regarding insurance coverage, including professional liability, directors and officers liability, employment practices liability and cybersecurity.

In recognition of his achievements, James was named a Rising Star by New York Metro Super Lawyers (2015-2019).

Representative Matters

  • Global financial institutions in litigation commenced by the Madoff trustee seeking recovery of alleged cross-border fraudulent transfers under the Bankruptcy Code and state law.
  • Global financial institutions in litigation commenced by liquidators of Madoff feeder funds seeking recovery of redemptions under common law equitable doctrines and foreign law.
  • A sponsor in residential mortgage-backed securities (RMBS) transactions against fraud and negligent misrepresentation claims arising from statements made in offering materials.
  • A sponsor in RMBS transactions against putback claims concerning alleged breaches of representations and warranties.
  • Shareholders in fraudulent transfer litigation in the SDNY arising out of the 2007 leveraged buyout of the Tribune Company.
  • Directors and officers in various lawsuits concerning common law fraud and breach of fiduciary duty claims commenced in state court and bankruptcy court.
  • A broker-dealer in litigation concerning complex issues of jurisdiction, sovereign immunity and cross-border discovery.
  • Financial institutions in prosecuting and defending claims in connection with commercial mortgage-backed securities transactions.
  • A co-founder of a major tech company in prosecuting fraud and fraudulent transfer claims against his former partners.
  • A financial institution in defending claims brought by individuals under state and federal consumer protections laws.

Honors & Awards

  • Super Lawyers, Rising Star

Memberships

  • American Bar Association
  • New York State Bar Association

Publications

  • Co-Author, “Federal Vs. State: The Fight To Regulate Student Loans,” Law360, April 10, 2018
  • Co-Author, “Recent Decisions Have Shed Light on General Jurisdiction, But Ambiguity Remains for Defendants That Are Members of Affiliated Groups,” Pratt's Journal of Bankruptcy Law, April/May 2016
  • Co-Author, “When Is It Too Late for Investors to Bring RMBS-Related Claims?” The Banking Law Journal, October, 2013

Admitted To Practice

New York

New Jersey

U.S. District Courts, Southern District of New York; U.S. District Court, Eastern District of New York

U.S. District Court, District of New Jersey

U.S. District Court, District of Connecticut

U.S. Court of Appeals, Second Circuit

Education

J.D., Cornell Law School, 2007

B.A., Binghamton University, 2003