Christopher J. Porzio

My focus

I practice in three main areas.

Financial Services Litigation and Arbitration

I represent financial services firms in matters such as FINRA arbitrations and litigations involving employee (broker) compensation and actions alleging business related-torts and the violation of restrictive covenants. I also draft and negotiate employment contracts and evaluate litigation risk in connection with proposed terminations in the U.S. and internationally. I recently spent several years as general counsel at a broker-dealer focused primarily on the interdealer credit and equity derivatives markets, where I managed the firm’s global legal affairs.

Healthcare Litigation

I represent healthcare entities, including hospitals, health systems, academic medical institutions and clinics in a broad array of matters with emphasis on internal medical staff fair hearings and related administrative and litigation matters, False Claims Act cases involving Medicare and Medicaid billing and federally funded research grants, discrimination actions and physician restrictive covenant cases.

Indian Law and Gaming

I play an integral role in developing and expanding the firm’s Indian Law and Gaming practice, primarily through the representation of the interests of non-tribal entities in negotiations and litigations involving Indian gaming initiatives and land claims. I have litigated matters involving land claims under the Indian Trade and Intercourse Act, issues of tribal sovereignty and immunity from suit, extinguishment of aboriginal title, the enforceability of local zoning codes on lands held in fee by tribes and the applicability of the Indian Gaming Regulatory Act.

Representative experience

• In 2012–13, acted as lead/sole counsel for broker-dealer in defense of compensation-related claims brought by head of brokerage desk in a FINRA arbitration before three-arbitrator panel spanning seven hearing sessions, which resulted in a favorable settlement prior to decision.
• As lead counsel for broker-dealer in several other compensation-related FINRA arbitrations brought by former employees, handled matters from arbitration selection through hearing preparation and was able to negotiate favorable settlements.
• Shared role as lead trial counsel in a Title VII race and national origin discrimination case resulting in full defense verdict for academic medical institution after a two-week jury trial.
• Represented the Town of Southampton in litigation relating to the Shinnecock Tribe’s effort to build a casino on the east end of Long Island, culminating in a 40-day federal court bench trial that, at the time, resulted in a permanent injunction in the Town’s favor.
• Shared role as lead counsel in defense of $30M tortious interference action in New York County Supreme Court, Commercial Division and obtained summary judgment dismissing all claims against brokerage firm and two of company’s co-founders, which was affirmed by the New York State Court of Appeals.
• Acted as lead counsel in one week jury trial for hospital client, resulting in full defense verdict on all claims arising out of allegedly tortious acts of employees, including claims of assault, battery, false arrest and false imprisonment.
• Defended large hospital client in False Claims Act case involving Medicare and Medicaid billing and federally-funded research grants and obtained significant ruling from court on calculation of the number of claims, which led to favorable settlement for client.
• Defended hospital client against tort claims brought against it in its capacity as temporary operator of adult home appointed by the Department of New York State Health pursuant to the New York Social Services Law, culminating in two-week trial that resulted in defense verdict on five of six claims.
• Has significant experience defending colleges and universities in Article 78 proceedings and plenary actions relating to student discipline, breach of contract arising out of student handbooks, disability accommodations, tenure revocation, academic fraud and plagiarism.
• Defended numerous municipalities, including in cases involving civil RICO, the Fair Housing Act, 42 U.S.C. section 1983 and other constitutional claims.

Looking ahead

Increased automation and use of technology in the financial services industry, combined with regulatory restrictions arising out of the Dodd-Frank Act, will continue to displace brokers, traders and other revenue producers, particularly those in higher risk markets and products. I expect to see an increase in the number of compensation-related claims these employees will bring against broker-dealers and am looking at new strategies to help my clients anticipate and respond to these claims.

Insights

• “Risk Management in Medical Staff Matters,” Stony Brook School of Health Technology and Management’s Patient Safety and Management of Risk course, September 2014 (Presenter)