Niketa K. Patel

Life Sciences Litigation: Pharmaceutical manufacturers turn to Niketa in product liability disputes across multiple jurisdictions, including suits premised on a theory of innovator liability, and in antitrust suits involving market allocation and reverse payment claims.

False Claims Act Litigation: Niketa represents corporations in whistleblower and qui tam FCA matters.

Artificial Intelligence: Clients leverage her experience with building AI governance frameworks, trusting her advice 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.

Discovery Experience: Clients benefit from Niketa’s high skill level in all aspects of the e-discovery lifecycle, including preservation, collection, review, privilege logging, and production. She regularly leads and manages fact and expert discovery, including expert reports, witness preparation and depositions, discovery and Daubert motion practice, and oversight of third party e-discovery firms.

Trial Practice: Clients seek out Niketa’s pre-trial and trial experience, which includes developing strategy for complex trial litigation (bench and jury), dispositive motion practice, mock jury panels, motions in limine, preparing trial witnesses, directed-verdict and post-trial motions, proposed jury instructions and verdict forms, and evidentiary issues.

Niketa has been recognizedfor arguing and winning a nationwide preliminary injunction against an immigration rule that made it harder to qualify for waivers of the citizenship application fee. Niketa’s pro bono work also includes obtaining a critical decision for a New York charter school network, in which the Albany County Supreme Court held that the Department of Education must offer space to charter schools comparable to space provided to district schools.

Niketa is the co-lead of the Cost Sharing in Discovery Committee at Lawyers for Civil Justice, and is actively involved in federal and state civil rule reform efforts. Niketa was also previously seconded to HSBC Bank plc in London, serving as senior legal counsel to the Chief of Staff in Group Legal.

• Summary judgment ruling dismissing $80 million damages claim against mortgage-services company in False Claims Act litigation. The court ruled that plaintiff had failed to demonstrate that any purported underwriting 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). The ruling was affirmed by the Seventh Circuit. United States ex rel. Calderon v. Carrington Mortgage Services, LLC, Case No. 22-1553 (7th Cir. June 14, 2023).
• 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).
• 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).
• 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).
• Dismissal of securities fraud class actions and shareholder derivative suits against prominent telecommunications company. In re Frontier Communications, Corp. Stockholders Litigation, Case No. 3:17-cv-01617-VAB (D. Conn. Mar. 8, 2019).
• 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).
• Complete defense victory for the Bank of New York Mellon after a four-week bench trial, defeating all claims for liability and more than $100 million in damages. This was the first trial of noteholders against a residential mortgage-backed securitization trustee. Western & Southern Life Ins. Co. v. The Bank of New York Mellon, No. A1302490 (Ohio Ct. Common Pleas, Hamilton Cty. Aug. 4, 2017).
• Appeal for Public Prep Charter School Network, affirming 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).
• 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).

Settled:

• Sherman Act and state antitrust claims brought by direct purchaser and end payor plaintiffs against pharmaceutical manufacturer based on reverse payment/pay-for-delay theory.
• Several Fair Credit Reporting Act suits brought against software marketplace company across multiple jurisdictions.
• 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).

Other key engagements include:

• Representing leading automotive manufacturer in dispute alleging breach of contract, misappropriation of trade secrets, and fraudulent misrepresentation.
• Representing leading cybersecurity and cloud connectivity company in negligence and indemnification dispute relating to use of its publicly available services.
• Led and participated in mock jury exercise on failure to warn claims for pharmaceutical client.
• Advised on discovery and preservation implications of AI usage at prominent technology and streaming service company.
• Advising on and assisting with building governance frameworks for artificial intelligence applications in the private sector, including for a global banking institution, an automotive manufacturer, and a cybersecurity company.
• Advising on and drafting policies and guidelines to govern the use of artificial intelligence for private sector companies, including the use of generative AI.
• Served 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.
• Represented individual in connection with government subpoenas relating to allegations of price-fixing conspiracy in the generic drug industry.

Pro Bono

• Argued and won a nationwide preliminary injunction against the Trump Administration’s immigration fee waiver rule. The decision was reported on by major news outlets, including the Washington Post, CNN, and Law360.
• Prevailed in a critical decision for the New York charter school network, where 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. New York City Department of Education v. Boys Preparatory Charter School of New York, No. 904187.
• Represented individuals in compassionate release, custody, and death penalty cases.

• Featured for winning nationwide preliminary injunction against Administration’s immigration fee waiver rule – American Lawyer, Law 360
• “Pro Bono Associate of the Year” in recognition of her dedication and achievements in this space – Mayer Brown
• Featured in Pro Bono Hot List for preliminary injunction decision against Trump administration – National Law Journal