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Experience:
Anthony Diana focuses his practice on commercial litigation, electronic discovery, internal and regulatory investigations, and bankruptcies.
Commercial litigation. Anthony has represented clients in complex litigations, including class actions and multi-district litigations, involving alleged violations of state and federal securities laws, antitrust and anti-competitive laws, and RICO laws. He has prosecuted and defended breach of contract, breach of fiduciary duty, fraud, and lender liability claims, and counseled clients regarding mass tort liability, settlement strategy, and potential claims against plaintiffs' counsel and experts.
Electronic Discovery. As a member of Mayer Brown's Electronic Discovery and Records Management group, Anthony has counseled large financial institutions and pharmaceutical companies on all aspects of the discovery and management of electronic information, including: the development of policies and procedures for the preservation, collection, review, and production of electronically stored information; the development of data source catalogues, disclosures, and responses relating to electronically stored information; the remediation of large volumes of legacy data (paper and electronic); and the defense of electronic discovery procedures before federal regulators and the courts.
Investigations. Anthony has conducted numerous internal investigations for potential liability and violations of laws and/or regulations on behalf of audit committees and general counsel offices in connection with inquiries from regulators, auditors, and plaintiffs.
Bankruptcy. He has also represented creditors in prosecuting claims against debtor's estate, and defended parties in adversary actions involving preference claims, fraudulent conveyance claims, and commercial non-bankruptcy law claims.
Prior to joining Mayer Brown in 1997, Anthony practiced at another prominent New York law firm. Previously (1993-1994), he served as Law Clerk to The Honorable Jay C. Waldman, US District Court for the Eastern District of Pennsylvania.
Notable Engagements:
Shirin Ebadi v. United States Department of the Treasury - Pro bono representation of Shirin Ebadi, the 2003 Nobel Peace Prize recipient and champion of human rights, in an action against the Office of Foreign Asset Control and the US Treasury Department seeking injunctive and declaratory relief against the enforcement of regulations that prohibited publishing activities in the United States on behalf of foreign nationals in Iran, Cuba, and Sudan.
Apple Corp. (the Beatles) v. EMI/Capitol - Representation of EMI/Capitol in a New York State court action against the Beatles and Apple Corporation, in which the Beatles and Apple Corp. alleged breach of royalty agreement, breach of fiduciary duty, and fraud.
E*TRADE Financial Corp. v. MarketXT - Representation of E*TRADE in the bankruptcy proceedings of MarketXT, including: the prosecution of an adversary proceeding against MarketXT alleging securities law violations, fraud, and breach of a merger agreement in connection with E*TRADE's acquisition of subsidiaries of MarketXT; the defense of counterclaims alleging securities law violations, fraud, and breach of merger agreement in connection with the same transaction; and the prosecution of claims against an escrow fund established as a result of the same transaction.
Credit Lyonnais Rouse, Ltd. - Represented Credit Lyonnais Rouse, Ltd. in a series of state and federal actions, including state and federal class actions and multidistrict litigation, involving allegations of violations of state and federal antitrust and anti-competitive laws, RICO, and market fraud concerning an alleged worldwide conspiracy to manipulate the price of copper futures and copper prices in the 1990s.
The Center for Claims Resolution (CCR) - Represented the CCR in a number of adversary proceedings against bankrupt former members of the CCR (including Armstrong, Federal Mogul, and USG) involving claims for hundreds of millions of dollars from surety bonds posted as security for obligations owed to the CCR.
In re September 11th Liability Insurance Coverage Cases - Represented Westfield WTC llc and related entities, the leaseholders of World Trade Center (WTC) retail space, in an action against insurance companies for personal liability coverage in connection with the destruction of the WTC on September 11, 2001.
Education:
Columbia University Law School, JD, 1993; Senior Editor, Columbia Law Review, University of Pennsylvania, BA, 1990; BS, cum laude, 1990. |
