Matthew L. Tuccillo

Matthew L. Tuccillo

Attorney Profile

Top Rated Securities Litigation Attorney in New York, NY

Pomerantz LLP
 | 600 Third Avenue, 20th Floor
New York, NY 10016
Phone: 212-661-1100
Fax: 917-463-1044
Selected To Super Lawyers: 2016 - 2020
Licensed Since: 2012
Practice Areas:
  • Securities Litigation (50%),
  • E-Discovery (10%),
  • Class Action/Mass Torts: Plaintiff (10%),
  • Civil Litigation: Plaintiff (10%),
  • Appellate (10%),
  • Alternative Dispute Resolution (10%)
    Attorney Profile

    Matthew L. Tuccillo, a Partner at Pomerantz LLP with over 20 years of experience, has a Martindale AV® Preeminent™ peer rating, is a recommended securities litigator by The Legal 500, and was honored by Super Lawyers® from 2016 onward. 

    He is responsible, on an ongoing basis, for the Firm’s litigation of numerous securities fraud class actions pending nationwide, currently including:  Edwards v. McDermott Int’l, Inc., No. 4:18-cv-4330-AB (S.D. Tex.) and Chun v. Fluor Corp., et al., No. 3:18-cv-01338-S (N.D. Tex.).

    Mr. Tuccillo is Pomerantz’s lead litigator overseeing securities fraud lawsuits related to BP’s 2010 Gulf oil spill, pending in Multidistrict Litigation 2185, In re BP p.l.c. Secs. Litig., No. 4:10-md-2185 (S.D. Tex.).  He has briefed and/or argued successful oppositions to three rounds of BP’s motions to dismiss the claims of over 100 institutional investors, securing many ground-breaking rulings.  In May 2017, he successfully argued that foreign and domestic investors had asserted viable “holder claims” seeking to recover investment losses due to their retention of already-owned shares (rather than newly-purchased shares) in reliance upon the fraud, believed to be the first ruling by a U.S. court sustaining that theory under English common law.  Previously, he successfully argued against dismissal under the forum non conveniens doctrine, in what are believed to be the only rulings after the Supreme Court’s decision in Morrison v. Nat’l Australia Bank Ltd., 130 S. Ct. 2869 (2010), permitting foreign and domestic investors to pursue foreign law claims seeking recovery for losses on a foreign stock exchange in a U.S. court.  He also successfully argued against extension of the Securities Litigation Uniform Standards Act’s dismissal provisions to foreign law claims.  He oversees the Individual Action Plaintiffs’ Steering Committee and serves as sole Liaison with BP and the Court.  He regularly advises Pomerantz’s BP clients, which include public and private pension funds, investment firms, limited partnerships, and investment trusts from the U.S., Canada, Europe and Australia. 

    As the Firm’s lead litigator in In re Toronto-Dominion Bank Securities Litigation, No. 1:17-cv-01735 (D.N.J.), Mr. Tuccillo relied on extensive confidential witness statements from former employees to successfully defeated a motion to dismiss by one of Canada’s largest banks in an action alleging a multi-year fraud arising from underlying retail banking misconduct, such as unauthorized bank accounts and transactions, that was revealed by investigative news reports.  He negotiated a $13.25 million class-wide settlement that was approved by the court in 2019.

    As the Firm’s lead litigator in Perez v. Higher One Holdings, Inc., et al., No. 14-cv-00755-AWT (D. Conn.), Mr. Tuccillo persuaded the court, after initial dismissal, to uphold a 2nd amended complaint asserting five distinct fraud by an education funding company and its executives.  Among other rulings, court agreed that the company’s reported financial and operating results violated Regulation S-K, Item 303, 17 C.F.R. §229.303, for failure to disclose known trends regarding underlying misconduct and its impacts on reported results – a rare ruling absent an accounting restatement.  He negotiated a $7.5 million class-wide settlement that was approved by the court in 2018. 

    As the Firm’s lead litigator in In re KaloBios Pharmaceuticals, Inc. Securities Litigation, No. 15-cv-05841 (N.D. Cal.), Mr. Tuccillo negotiated two court-approved class-wide settlements in 2017-2018 worth over $3.25 million in the aggregate, from a bankrupt pharmaceutical company, its jailed former CEO, and two separate D&O insurers.  Significantly, he secured payments of cash and stock directly from the bankrupt company, which also required bankruptcy court approval. 

    As the Firm’s lead litigator in In re Silvercorp Metals, Inc. Securities Litigation, No. 1:12-cv-09456 (S.D.N.Y.), Mr. Tuccillo worked closely with mining, accounting, damages, and market efficiency experts to defeat a motion to dismiss and oversee discovery in a securities class action involving a Canadian company with mining operations in China and stock traded on the NYSE.  After two mediations, the case was resolved for a $14 million all-cash fund.  In granting final approval of the settlement, Judge Rakoff noted that the case was “unusually complex,” given the technical nature of mining metrics, the need to compare mining standards in Canada, China, and the U.S., and the volume of Chinese-language evidence requiring translation. 

    Mr. Tuccillo’s prior casework also includes litigation and resolution of complex disputes over roll ups of consulting companies and of commercial real estate interests. At Pomerantz, he was on the multi-firm team that litigated and settled In re Empire State Realty Trust, Inc. Investor Litig., No. 650607/2012 (N.Y. Sup. Ct.), representing investors in public and private commercial real estate interests against the long-term lessees/operators, the Malkin family and the Estate of Leona Helmsley, regarding a proposed consolidation, REIT formation, and IPO centered around New York’s iconic Empire State Building.  These efforts achieved broad relief for the class, including a $55 million cash/securities settlement fund, a restructured deal creating a $100 million tax benefit, expansive remedial disclosures, and important deal protections.

    Mr. Tuccillo regularly counsels Pomerantz’s institutional investor clients, both foreign and domestic, regarding pending or contemplated complex litigation in the United States.  He has extensive experience collaboratively working with outside investment management firms retained by clients to uncover evidence supporting securities claims.  His investigative skills enable him to identify potential securities frauds early, regularly providing institutional clients with the first opportunity to evaluate and pursue litigation.  Mr. Tuccillo’s full legal biography can be found here:  http://pomerantzlawfirm.com/matthew-tuccillo

    About Matthew Tuccillo

    Admitted: 2012, New York

    Professional Webpage: http://pomerantzlawfirm.com/matthew-tuccillo

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    Office Location for Matthew L. Tuccillo

    600 Third Avenue
    20th Floor
    New York, NY 10016

    Matthew L. Tuccillo:

    Last Updated: 3/18/2020

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