Dick Cirillo is a senior commercial litigation partner with extensive background and experience in securities, antitrust, healthcare, and contract matters. His practice mainly involves trials and arbitrations before domestic and international courts and tribunals, many brought as class actions or as derivative (or double derivative) actions, as well as governmental regulatory and enforcement proceedings.
At King & Spalding, Mr. Cirillo serves as Chair of the firm’s Business Review (Ethics) Committee, member of its Sarbanes Oxley and Diversity Committees, and is a former member of its Policy Committee and former head of the New York Litigation Practice Group. He served for nearly a decade on the Board of Directors of BioScrip, Inc., a Nasdaq healthcare company. As a member of the Association of the Bar if the City of New York, he has been appointed to its International Trade and Antitrust Committees. Mr. Cirillo speaks and writes about legal ethics, class action practice, contract remedies, evidence, securities, and antitrust topics. He has provided pro bono services to inMotion, Appleseed, Volunteer Lawyers for the Arts, Washington Legal Foundation, and other organizations. He is named for Business Litigation in the New York and Corporate Counsel editions of SuperLawyers and in Best Lawyers in America.
Mr. Cirillo recently served as lead counsel during a two-week AAA trial defending a Big Four accounting firm against allegations of audit malpractice over a long period, resulting in the dismissal of all claims and full award of the accounting firm’s counterclaim for unpaid audit fees. Other recent trial matters include his service as lead counsel in separate week-long trials for an electricity generating company before the AAA over the pricing of long term energy contracts, resulting in the client’s recovery of over two hundred of million dollars; in Delaware Chancery Court defending the members of a public company’s Board Special Committee against alleged breach of fiduciary duty claims; before the ICDR and SIAC in matters concerning international Indonesian wood pulp contracts; and before the AAA in cases involving an investment banking and securities investment contracts.
He has represented Ernst & Young LLP in several professional services and securities matters. He represented Credit Suisse in the IPO Allocation Antitrust Class Action (Billing v. Credit Suisse First Boston Ltd., 551 U.S. 264), in which the Supreme Court extended the securities industry’s broad immunity from the antitrust laws; IPO Securities Flipping Class Action, in which dismissal was affirmed by the Second Circuit (313 F.3d 796); the Nasdaq Market Makers Class Action (187 F.R.D. 465);lawsuits arising from the Oracle/PeopleSoft merger; and in other matters.
He also has represented Susquehanna Investment Group in the Stock Exchanges Options Trading Antitrust Class Action, dismissed by the Second Circuit (317 F.3d 134) and resolved favorably for the defendants, and he represents SIG in the pending NYSE Specialist Class Action and other matters. Mr. Cirillo recently represented BioScrip in obtaining dismissal of qui tam suits in Massachusetts and California under the False Claims and Anti-Kickback Acts, is defending BioScrip in an alleged nationwide class action pending in Eufaula, Alabama, over PBM pricing practices, and represents the company in other matters. He also is defending The Coca-Cola Company, BAE, and other international companies in pending and anticipated litigation.
During his career, Mr. Cirillo has represented clients in lawsuits in federal and state trial courts in forty states and in the Supreme Court, nine federal judicial circuits, and several state appellate courts besides New York’s. In addition to the AAA and ICDR, he has defended clients and tried cases before the London Court of International Arbitration, International Chamber of Commerce, the Singapore International Arbitration Centre, and Iran-United States Claims Tribunal in The Hague.
Mr. Cirillo has represented clients, including major securities firms, accounting firms, corporate issuers and individuals, as targets, subjects, and witnesses in substantial governmental investigations by the SEC, Justice Department, NY Attorney General’s Office, FINRA, several securities exchanges, and other regulators. He also has lead internal investigations for Boards and Board Committees of healthcare, pharmaceutical, banking, and securities firms, and has regularly advised them on corporate governance matters.
The industries in which Mr. Cirillo has advised leading firms on substantial securities, antitrust, corporate governance, commercial, and healthcare law issues include: aircraft leasing; alcoholic beverage distribution; anesthesia delivery devices; automobile and truck manufacture; branded pharmaceutical manufacture and distribution; boat engine manufacture; commercial banking and lending; commercial glass manufacture; computer software; consumer beverages; copper foil and piping; cosmetics; electrical contracting; electricity distribution; financial, life, and casualty insurance; foreign currency exchange; high-end wood product distribution; hotel management and development; industrial fabrics; investment banking; jet engine maintenance and repair; liquid natural gas transportation and storage; luxury watches; medical laboratory services; mutual funds, investment companies and unit investment trusts; news gathering and distribution; oil exploration and development; paper product production and distribution; radio and television station signal distribution; real estate investment trusts and partnerships; satellites; securities trading and market microstructure; silver flatware manufacture; specialty chemical production; steel manufacture; telecommunications; Thoroughbred breeding, racing, and wagering; and wine production.
Before joining King & Spalding in 1999, Mr. Cirillo was a partner in Rogers & Wells (now part of Clifford Chance), where he served as Chair of the firm’s Clients and Ethics Committee, member of its Operations Committee, and, for more than a decade, Chair of its Antitrust Practice.
Mr. Cirillo graduated from Yale College and Fordham Law School, with honors. He is a lifelong New York resident and, with his wife, Kathleen, has raised three children in Manhattan.