Niketa Patel is an experienced associate in Mayer Brown’s New York office and a member of the Litigation & Dispute Resolution practice. She conducts a general litigation practice before state and federal courts, with cases ranging from complex commercial disputes to civil and criminal securities fraud actions. These include:
Trustee Litigation. Regularly represents securitization trustees in residential mortgage-backed securities matters.
Securities Litigation. Represents issuers, underwriters, corporations, and individual officers and directors in federal securities class actions and shareholder derivative suits, and counsels clients and boards of directors in connection with securities law issues.
DOJ, SEC, and AG Enforcement. Represents individuals and corporations, including financial institutions, in connection with criminal and regulatory investigations and related civil proceedings, including government subpoenas and third-party litigation subpoenas.
Internal Corporate Investigations. Performs internal corporate investigations on behalf of management groups and audit committees, and represents clients in connection with these investigations.
General Civil Litigation. Represents corporate and individual clients in federal and state courts in a variety of civil actions, including commercial actions, contract disputes, and breaches of fiduciary duty litigation.
Trial Practice. Experienced with developing strategy for complex trial litigation (bench and jury), and has handled many aspects of the pre-trial practice, including drafting motions in limine, dispositive motions, directed-verdict and post-trial motions, proposed jury instructions and verdict forms, and exhibit objections.
Pro Bono. Maintains an active pro bono practice, and has successfully represented indigent clients and institutions, including a New York City charter school network, and individuals in immigration, custody, and death penalty cases. In 2017, Niketa prevailed in New York City Department of Education v. Boys Preparatory Charter School of New York, No. 904187 (2017). In a critical decision for the New York charter school network, the Albany County Supreme Court held that the Department of Education must offer space to New York charter schools that is “reasonable, appropriate, and comparable” to space provided to district schools.
Niketa joined Mayer Brown in 2014, after earning her JD from the University of Pennsylvania Law School, where she was an editor on the Journal of Business Law and won the national championship for the ABA Labor & Employment Trial Advocacy Competition. She was also awarded a Certificate in Management from the Wharton School at the University of Pennsylvania, and spent six months at the University of Amsterdam Law School where she studied European Union law and European civil and commercial law. Before graduating from law school, Niketa worked as a judicial extern for the Honorable Lisa Rau of the Pennsylvania Civil Court of Common Pleas.
Niketa was previously seconded to HSBC Bank plc in London where she served as senior legal counsel to the Chief of Staff in Group Legal.
Notable Trial Experience
- Obtained unanimous jury verdict for Munich-based Bayerische Landesbank (BayernLB) in breach of contract case. BayernLB brought suit to recover damages for guaranteed investment contracts that should have terminated when the defendant repaid related bonds. Jury awarded BayernLB its full requested damages, and denied any recovery to the defendant on its counterclaims. Bayerische Landesbank v. Nebraska Investment Finance Authority, No. 1:15-cv-07287 (S.D.N.Y. Oct. 5, 2017).
- Represented The Bank of New York Mellon in the first trial of noteholders against a residential mortgage-backed securitization trustee. Secured complete defense victory after a four-week bench trial, defeating all claims for liability and more than $100 million in damages. Western & Southern Life Ins. Co. v. The Bank of New York Mellon, No. A1302490 (Ohio Ct. Common Pleas, Hamilton Cty. Aug. 4, 2017).
- Advise securitization trustee on trial strategy for RMBS investor suits pending in various jurisdictions.
Notable Appellate Experience
- Briefed successful appeal for Public Prep Charter School Network, winning affirmance of the New York State Commissioner of Education’s decision that charter schools are entitled to space comparable to that awarded to district schools. New York City Department of Education v. Boys Preparatory Charter School of New York, No. 904187 (Albany Sup. Ct. May 8, 2017).
- Drafted various appellate briefs for securitization trustees in connection with breach of contract and Trust Indenture Act claims.
Notable Securities Law and Shareholder Derivative Experience
- Represent prominent telecommunications company in putative securities fraud class actions and shareholder derivative suits pending in various jurisdictions.
- Counsel mortgage-industry client in putative class action asserting Rule 10b-5 claims.
- Briefed successful motion to dismiss (without prejudice) for lack of personal jurisdiction for Altisource Residential Corporation in case alleging shareholder derivative claims. Sokolowski v. Erbey, et al., No. 9:14-v-81601-WPD (S.D.Fla. Dec. 8, 2015).
Notable White Collar Defense & Compliance Experience
- Serve as counsel to major corporation in connection with an internal investigation relating to alleged federal securities fraud claims.
- Represented leading global financial institution in connection with a cross-border internal investigation arising from tax evasion and FIFA-related allegations.
- Represent individual in connection with government subpoenas relating to allegations of price-fixing conspiracy in the generic drug industry.
University of Pennsylvania Law School, JD, Journal of Business Law
University of Pennsylvania, BA, cum laude, Dean's List
- New York
- US District Court for the Southern District of New York
- US District Court for the Eastern District of New York