Nicholas R. Caputo
Phone: (212) 603-0491 Fax: (212) 956-2164
Nicholas Caputo is a Partner in the Firm’s Litigation & ADR Department who concentrates on commercial litigation and business transactions for Fortune 500 companies, closely-held corporations and high net worth individuals. Mr. Caputo also actively represents clients with regards to matters in the Firm’s Healthcare, Labor & Employment, Corporate Transactional and Real Estate Departments, and has particular experience representing clients in the real estate, licensing, technology, transportation, and manufacturing/sales industries.
Mr. Caputo’s litigation practice encompasses business and contract disputes, shareholder and other corporate controversies, bankruptcy, real estate, insurance coverage, municipal procurement and government contracting. His transactional experience includes real estate, asset and corporate acquisitions and dispositions and health care matters.
Mr. Caputo works with clients on risk/reward analyses that keep their ultimate business objectives in mind and minimize risk and potential exposure.
Selected Commercial Litigation Experience
- Won a landmark procurement case concerning the award of competitively bid contracts, in which New York’s highest court, the Court of Appeals, ruled that the Town of Southeast, improperly rejected our client AAA Carting’s bid for a waste removal contract. The case has significant ramifications for procurement in New York State, and benefited taxpayers by rewarding the true “lowest responsible bidder.”
- Obtained a multi-million dollar judgment (as well as a potentially greater amount in interest and attorneys’ fees) for client Rocheux International, a fast-growing New Jersey-based supplier of plastics, in a commercial contract dispute.
- Successfully represented Dell in obtaining a multi-million judgment in a real estate lease dispute involving complex surety and subrogation issues, as well as allegations that conditions in a multi-floor office space near the former World Trade Center site in downtown Manhattan were toxic.
- Represented Jamaica Public Service Co., the sole distributor of electricity in the nation of Jamaica, and Lloyd’s of London in a $100 million insurance dispute with insurer AIG following a boiler explosion and, in so doing, helped convince the New York Court of Appeals to establish a new standard governing the scope of a lawyer’s continuing duties to former clients regarding confidences and secrets gleaned during the prior relationship.
- Prevailed in litigation to successfully void the $6 million sale of a commercial office building in The Bronx, New York, due to fraud and misrepresentations by a purported agent who sought to convey title to the property.
Selected Transactional Experience
- Completed a complex lease and subsequent multi-million dollar purchase and sale agreement for a solid waste transfer station in Westchester County, New York that involved multi-party negotiations, eviction proceedings, and an application for a surface transport license for a federal railroad. Our client ultimately reacquired the property on favorable terms.
- Sale of a client’s multi-million dollar, 50% interest in a corporation providing diagnostic testing to nursing homes. The intricate transaction involved numerous regulatory issues including Medicare compliance, reimbursement, and related indemnities.
Past Employment Positions
Mendes & Mount, Associate Attorney
- New York, 1994
- New Jersey, 1994
- U.S. Court of Appeals 2nd Circuit
- U.S. District Court Southern District of New York
- U.S. District Court Eastern District of New York
- U.S. District Court District of New Jersey
New York Law School, New York, New York, 1993, J.D.
Honors: Magna Cum Laude
Member, Moot Court Association
Law Review: New York Law School Law Review, Editor
Boston University, 1989, B.A.