David J. Fioccola is co-chair of Morrison & Foerster’s Financial Services Litigation Practice Group. He is a trial lawyer who focuses on the defense of complex commercial disputes, consumer class actions and financial services litigation. In addition to trying cases in federal and state courts, Mr. Fioccola has successfully led clients through International Chamber of Commerce (ICC) and American Arbitration Association (AAA) arbitrations. He regularly advises and defends Fortune 500 companies and financial institutions against claims involving violations of federal and state unfair and deceptive acts and practices statutes, federal banking laws and regulations, antitrust laws, and state-law claims for fraud (including consumer fraud) and breach of contract. His practice includes the representation of clients before federal agencies, such as the Department of Justice, the Consumer Financial Protection Bureau, the Office of the Comptroller of the Currency, the Federal Trade Commission, and the Securities and Exchange Commission, and state agencies, such as the New York Department of Financial Services and state attorneys general.
Mr. Fioccola has significant experience with the Consumer Financial Protection Act; the Unfair, Deceptive, or Abusive Acts and Practices Act (UDAAP); The Fair Credit Reporting Act (FCRA); the Sherman Act; the Securities Exchange Act; the RICO Act; the Truth in Lending Act (TILA); California’s Business and Professions Code § 17200, and various states’ consumer protection statutes. Mr. Fioccola also has experience in resolving complex electronic discovery issues. He is a member of Morrison & Foerster’s E-Discovery Task Force and regularly advises financial institutions on e-discovery issues and best practices.
Mr. Fioccola also maintains an active pro bono practice. He is currently representing New York State inmates in a purported class action challenging the use of solitary confinement on constitutional grounds. This case has been widely reported in the press, including coverage in The New York Times. From 2007 through 2013, Mr. Fioccola served as the editor-in-chief of the N.Y. Litigator, a publication of the Commercial & Federal Litigation Section of the New York State Bar Association. He is also an executive committee member of the Commercial & Federal Litigation Section of the New York State Bar Association.
Mr. Fioccola is a recommended lawyer by Legal 500 US, 2014 for his work in the Financial Services: Litigation practice area.
