Featured in the American Lawyer for her win of a nationwide preliminary injunction against the Administration’s immigration fee waiver rule, Niketa Patel is an experienced member of the Litigation & Dispute Resolution practice in New York. She conducts a general litigation practice, counseling clients in complex commercial disputes, product liability lawsuits, civil and criminal securities fraud actions, and False Claims Act cases. She is also a thought leader in the artificial intelligence (AI) and data privacy space. Her work focuses on the legal, regulatory, ethical, and reputational risks associated with the use of AI-powered technologies in the private sector, as well as the potential impacts of government policy regarding AI use. Her litigation experience includes:
Complex Civil Litigation. Represents local, national, and global corporate clients in federal and state courts in a variety of civil actions, including commercial actions, contract disputes, class actions, breach of fiduciary duty claims, and antitrust matters.
Life Sciences Product Liability Litigation. Represents pharmaceutical manufacturers in product liability disputes across multiple jurisdictions, including suits premised on a theory of innovator liability.
False Claims Act Litigation. Represents corporations in whistleblower FCA 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.
Trial Practice. Experienced with developing strategy for complex trial litigation (bench and jury), and has handled many aspects of trial preparation, including dispositive motions, mock jury panels, motions in limine, witness preparation, directed-verdict and post-trial motions, proposed jury instructions and verdict forms, and evidentiary issues.
Pro Bono. In 2019, Niketa argued and won a nationwide preliminary injunction against the Trump Administration’s immigration fee waiver rule. The rule made it harder for immigrants to qualify for waivers of the citizenship application fee. The decision was reported on by major news outlets, including the Washington Post, CNN, and Law360, and featured in the National Law Journal’s 2020 Pro Bono Hot List. Niketa has also represented a New York City charter school network, and individuals in compassionate release, 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. 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 comparable to space provided to district schools. In 2020, Mayer Brown awarded Niketa “Pro Bono Associate of the Year” in recognition of her dedication and achievements in this space.
Niketa earned 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 also obtained 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.
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. In 2021, she was selected to join the Fellows Program for the Lawyers for Civil Justice organization.
- Defeated $80 million damages claim for mortgage-services company in False Claims Act litigation, and secured summary judgment ruling that plaintiff had failed to demonstrate that any purported underwriting defects were material, or that such defects were causally connected to a loan’s default. United States ex rel. Calderon v. Carrington Mortgage Services, LLC, No. 1:16-cv-00920-RLY-MJD (S.D. Ind. Mar. 9, 2022).
- Won summary judgment ruling dismissing all indemnification claims against DIRECTV, and defeating $94 million damages claim. Hughes Communications India Private Limited v. The DIRECTV Group, Inc., Case No. 20-cv-02604 (S.D.N.Y. Nov. 16, 2021).
- 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).
- Obtained nationwide preliminary injunction against the Trump Administration’s immigration fee waiver rule on behalf of the City of Seattle and immigrant-rights organizations. The City of Seattle et al v. Department of Homeland Security et al, No. 3:19-cv-07151-MMC (N.D. Cal. Dec. 11, 2019).
- Defended major mortgage-services company in connection with False Claims Act litigation and obtained summary judgment ruling that whistleblower must prove her claims with respect to FHA-insured loans “on a loan-by-loan basis at summary judgment.” United States ex rel. Calderon v. Carrington Mortgage Services, LLC, No. 1:16-cv-00920-RLY-MJD (S.D. Ind. Mar. 12, 2020).
- Won summary judgment ruling dismissing claims against residential mortgage-backed securitization trustee The Bank of New York Mellon, which was affirmed by the Tenth Circuit. American Fidelity. v. The Bank of New York Mellon, Case No. 18-6210 (10th Cir. July 7, 2020).
- Settled several drugs product liability suits threatened against major brand-name pharmaceutical manufacturer based on innovator liability theory (where brand name manufacturers may be liable to patients who used only competing generic versions of the product).
- Represented prominent telecommunications company in putative securities fraud class actions and shareholder derivative suits that were dismissed by the court. In re Frontier Communications, Corp. Stockholders Litigation, Case No. 3:17-cv-01617-VAB (D. Conn. Mar. 8, 2019).
- Briefed successful motion to dismiss 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).
- Won 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).
White Collar Defense & Compliance Experience
- Serve as counsel to individual in connection with DOJ investigation of market manipulation.
- Served 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, BA, cum laude
The Wharton School of the University of Pennsylvania, Cert. in Mgmt.
University of Amsterdam Law School, Exchange Program in European Private, Competition & Consumer Law
Journal of Business Law
- Lawyers for Civil Justice, 2021 Fellow
- American Bar Association, Corporate Counsel Committee
- South Asian Bar Association of New York
- National Asian Pacific American Bar Association