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Paul Spagnoletti
Partner
As a member of Davis Polk’s Litigation Department, Mr. Spagnoletti has successfully represented Wall Street banks and Fortune 100 companies in some of the most complex and high stakes civil, criminal and regulatory matters around the world. He has substantial experience in securities, civil RICO, antitrust, and professional liability litigation, and he regularly advises clients in connection with civil and criminal investigations by the Department of Justice, the Securities and Exchange Commission and the New York State Attorney General’s Office. Mr. Spagnoletti also has extensive experience serving as counsel to independent audit and special committees in the context of internal corporate investigations.
Contact
  • New York
    450 Lexington Avenue
    New York, NY 10017
    P: 212-450-4577
    F: 212-701-5577
Bar Admissions
  • State of New York
  • State of California
  • State of New Jersey
  • U.S. Court of Appeals, Third Circuit
  • U.S. Court of Appeals, Fourth Circuit
  • U.S. District Court, E.D. New York
  • U.S. District Court, S.D. New York
Education
  • B.A., Cornell University, 1995
    • Phi Beta Kappa
  • J.D., Harvard Law School, 1998
    • cum laude

Work Highlights
  • Represented a multinational industrial client in connection with multi-billion dollar civil RICO and Robinson-Patman Act claims involving allegations of bribery and anti-competitive conduct
  • Led an international internal investigation of a large European bank in connection with allegations of money-laundering, bribery and drug-trafficking; settled threatened parallel civil RICO litigation regarding same allegations
  • Represented Siemens in the largest FCPA investigation in U.S. history, which resulted in a landmark settlement of civil and criminal corruption-related charges with the DOJ and SEC; also advised on the company’s global defense to investigations in multiple jurisdictions and a settlement with the World Bank
  • Lead counsel to JPMorgan Chase in federal antitrust actions in Louisiana relating to allegations of price-fixing through the use of complex derivatives in the gold industry
  • Lead counsel to a large European broker and investment adviser in connection with an SEC investigation into alleged violations of the U.S. broker-dealer registration requirements under the ’34 Act
  • Lead counsel to Deloitte in connection with U.S. and Canadian securities-related matters concerning alleged misconduct by former executives of Canadian telecommunications giant, Nortel Networks Corporation
  • Lead counsel to multinational industrial client in connection with SEC whistleblower allegations relating to bribery and accounting irregularities in China; resolved matter without any charges brought against client
  • Represented large European bank in connection with SEC investigation into alleged securities law violations relating to trading in mortgage-backed securities; resolved matter without any charges brought against client
  • Won a dismissal with prejudice in favor of Ingram Micro in connection with a suit brought by a Refco trustee (of a litigation trust established in the Refco bankruptcy) claiming that Ingram aided and abetted in Refco's fraudulent conduct through its participation in "round-trip loans"
  • Lead counsel to a large multinational corporation in connection with internal investigation in Brazil involving allegations of bribery, fraud and anti-competitive conduct
  • Represented the audit committee of a large European telecommunications company in connection with cross-border internal investigation into bribery and fraud
  • Won summary judgment and an award of attorneys’ fees in connection with a breach of duty lawsuit filed by the heirs of the IBM fortune in New York State Supreme Court against JPMorgan Chase Bank
  • Advised insurance broker Marsh & McLennan Companies in connection with $850 million settlement relating to New York State Attorney General Spitzer’s investigation into bid-rigging and price-fixing in the insurance brokerage industry
  • Represented Silicon valley software maker Mercury Interactive Corp. in connection with one of the first options backdating cases brought by the SEC

In addition to his accomplishments above, Mr. Spagnoletti has established a reputation as a “go to” lawyer in the professional liability space. He has represented numerous law firms in investigations and litigations in state and federal courts throughout the United States. Among his recent work in this area, he won a judgment in favor of Paul, Hastings, Janofsky & Walker in connection with a fraudulent transfer and breach of duty action filed by a creditor of Paul Hastings’ client in the District Court of Delaware, and is currently defending the firm against claims of legal malpractice in New York State Supreme Court relating to Paul Hastings’ representation of its former client, Ableco Finance LLC, the finance arm of the hedge fund giant Cerberus.

Recognition
Professional History
  • Partner, 2006-present
  • Associate, 1998-2000; 2001-2006
  • Law Clerk, Hon. Michael B. Mukasey, U.S. District Court, S.D. New York 2000-2001