Richard A. McGuirk

Practice Areas

Litigation

Class Actions & Aggregate Litigation

Complex Disputes

Financial Institution Investigations

Arbitration, Mediation & Alternative Dispute Resolution

Construction & Real Estate Litigation

Securities & Governance Litigation

Career

Rick is a partner in Nixon Peabody’s Litigation group. Rick represents companies and individuals in complex litigation matters, including domestic and international arbitrations. He is experienced in a variety of high-stakes litigation areas, including complex commercial litigation, construction litigation, securities class actions and derivative litigation, consumer class actions, intellectual property litigation and litigation arising from merger and acquisition transactions, including post-transaction valuation and indemnification controversies.

/My focus

Complex Litigation

I have litigated cases involving a broad spectrum of complex business disputes, including consumer class actions, contract, breach of fiduciary duty, business torts, construction, real property disputes, enforcement of non-compete agreements and all types of fraud claims. I have also represented clients in domestic and international arbitrations in a variety of venues, including the ICC, in disputes involving major energy projects, and commercial and financial disputes. Additionally, I regularly counsel clients on ways to avoid or minimize the risks attendant to their businesses and transactions.

Securities and Governance Litigation

I focus on defending officers and directors, broker-dealers, securities issuers and companies in securities fraud claims, SEC enforcement actions and breaches of fiduciary duty. I also have extensive experience with derivative litigation, and litigation arising from changes in corporate control and M&A transactions.

Investigations

In addition to litigating disputes, I have represented clients in investigations by numerous regulatory authorities. I also have worked on and led numerous internal investigations for clients, including matters dealing with trading issues at financial institutions, employee dishonesty and breaches of fiduciary duty and accounting issues in a variety of industries.

Intellectual Property

I represent companies in a variety of intellectual property disputes including patent, trademark and copyright infringement, licensing disputes, trade secret issues and other types of unfair competition. In addition to experience in traditional court litigation, I have experience with matters litigated before the Patent Trial and Appeal Board under the America Invents Act.

/Looking ahead

A close watch on evolving legal issues and trends affecting the entertainment, aerospace, medical, and educational industries is more important than ever as entities in those industries look to achieve goals and protect work.

Professional Memberships

Rick is a member of the Federal Bar Council, the New York State and the Monroe County bar associations. Rick is also a member of the Board of Directors of the Foundation of the Monroe County Bar.

Education