Mr. Caruso is a leading expert in discovery in the U.S. for use in foreign proceedings. His matters have involved discovery for use in proceedings in many foreign jurisdictions, including England, Switzerland, Italy, Spain, Chile, the Cayman Islands, Jersey, Guernsey, Hungary and Australia. Mr. Caruso also has leading expertise in litigation involving enforcement of U.S.-issued subpoenas, writs of execution and other process seeking documents and property held offshore.

Mr. Caruso has extensive experience with the recognition and enforcement of foreign country judgments. He recently won the first case in New York involving the recognition of a Hong Kong judgment following Hong Kong's reversion to China.

Mr. Caruso also has experience with international claims litigation, having handled matters involving foreign expropriation decrees in Germany, Iran, Iraq and Turkey, as well as matters involving the act of state doctrine, foreign sovereign immunities, the Alien Tort Statute, treaty interpretation, proceedings before claims tribunals and other recurring issues.

Domestically, Mr. Caruso's practice involves all types of business and financial disputes, internal corporate and bank investigations, civil and criminal tax investigations and controversies, and family and estate disputes. Substantive areas in his practice include banking, securities, money laundering, insider trading, civil RICO, fraud and media law (including libel and related torts). He has served as legal adviser to ESPN and frequently has appeared on television in that capacity.

Representative Matters
International and Transnational Litigation
The Bank of New York v. Norilsk Nickel, 14 A.D.3d 140, 789 N.Y.S.2d 95, 1st Dep't 2004. Winning summary judgment in an interpleader case involving federal pre-emption of state law and title to certain wire transfers. The wire transfers were blocked pursuant to the Treasury Department's Yugoslavian asset-blocking regulations and later attached pursuant to private civil process. On appeal after remand, the Appellate Division also awarded the full amount of damages sought, including attorney's fees.

The Bank of New York v. Norilsk Nickel, 26 A.D.2d 301, 810 N.Y.S.2d 32, 1st Dep't 2006.

Funderburke v. New York State Dep't of Civil Service, Sup. Ct. Nassau Co. A case of first impression, which held that New York will not recognize a same-sex marriage, celebrated in Canada, for the purpose of extending health insurance coverage to the same-sex spouse. The defendant agency administers the New York State Health Insurance Plan, the largest public employer health insurance program in the nation, outside the federal government.

Hernandez v. Robles, N.Y. July 6, 2006. Holding that New York law does not authorize, and that the New York State Constitution does not require, same-sex marriage.

In re New Cap Ins. Ltd., S.D.N.Y. Winning affirmance on appeal from an order of the Bankruptcy Court. The case involved parallel proceedings in Australia, Pennsylvania and New York, issues of international judgment recognition, anti-suit injunctions and whether the McCarran-Ferguson Act allows state insurance law to reverse-preempt section 304 of the Bankruptcy Code.

In re Spiegel Inc., S.D.N.Y. Representation of the Official Unsecured Creditors Committee of this catalogue retailer, now in liquidation, in adversary proceedings involving recovery of preferential payments, asset-freezing injunctions against transfers of funds from the U.S. to Luxembourg and parallel SEC and bankruptcy litigation

Maymin v. The Fuji Bank Ltd., S.D.N.Y. Defense of a breach of contract action against a Japanese bank involving issues of contract formation and extensive cross-border discovery.

MCP Pension Trustees v. Goldman Sachs, Sup. Ct. N.Y. Co., N.Y.L.J., Jan. 24, 1995. Counsel for one of the pension schemes looted by the late Robert Maxwell in litigation arising out of the collapse of the Maxwell empire.

Jugobanka v. Intertrade, Sup. Ct. N.Y. Co. Winning dismissal on grounds of forum non conveniens of an action by a Serbian bank against a Slovenian company on a loan guarantee.

BI Bank v. Samuel Montagu & Co., Sup. Ct. N.Y. Co. Winning dismissal on grounds of forum non conveniens of the first action concerning the sale of so-called Brady Bonds issued in connection with the Latin American debt crisis of the early 1990s.

Recognition of Foreign Country Judgments
Downs v. Yuen, 298 A.D.2d 177, 748 N.Y.S.2d 131, 1st Dep't 2002. Granting recognition to a Hong Kong judgment following Hong Kong’s reversion to China. The case also involved parallel proceedings in Hong Kong, New York and New Jersey, a multi jurisdiction asset search, fraudulent conveyances and issues of collateral estoppel.

Discovery for Use in Foreign Proceedings
Application of Gianoli-Aldunate, 3 F.3d 54, 2d Cir. 1993. One of the leading precedents in the field of discovery for use in foreign proceedings. The discovery led to asset-freezing injunctions and related civil proceedings in the U.S. and several other countries. This case was the first in the country to allow discovery in the U.S. without regard to whether the evidence would have been discoverable in the foreign country. That decision started a trend, which culminated in Intel Corp. v. Advanced Micro Devices Inc., 542 U.S. 241, 2004, in which the Supreme Court agreed with, and cited, Gianoli. See id. at 254 n.7, 260.

In re a Sealed Case, N.D. Ill. 1995. Obtaining discovery of trade secrets in the U.S. for use in foreign proceedings.

KCE Kft. v. H.J. Heinz Co., W.D. Pa. 2000. The first case allowing discovery of documents located not only in the United States, but also abroad, for use in foreign proceedings.

U.S. Process for Offshore Property and Documents
Matter of Kirkland & Ellis, counsel to Gallaher Ltd., an English tobacco company, in connection with Minnesota and New York subpoenas for offshore documents, Sup. Ct. N.Y. Co., N.Y.L.J., March 18, 1998.

Koehler v. Bank of Bermuda, 101 F.3d 863, 2d Cir. 1996. Counsel for amicus curiae Institute of International Bankers, urging the court to refuse to enforce, on grounds of international comity, a writ of execution seeking to levy in the United States on stock certificates held in Bermuda.

Other Business and Tax Litigation
Barr v. The NASDAQ Stock Market, Inc., S.D.N.Y. Winning dismissal of an action involving the duty of an issuer to make disclosure to the public regarding anomalous trading activity.

In re Citicorp Securities Litigation, S.D.N.Y., numerous opinions. As co-counsel, winning dismissal of numerous shareholder complaints challenging various actions by Citicorp's board of directors.

Forbes, Inc. v. Dep't of Finance, 66 N.Y.2d 243, 1985. Holding a provision of the New York City tax code unconstitutional under the Supremacy Clause.

Pidot v. State Tax Commission, 69 N.Y.2d 837, 1987. Holding that the State of New York cannot tax certain pension payments.

Lightwave Technologies v. Corning Inc., S.D.N.Y. As co-counsel, defending a two-month patent antitrust case in which the jury returned a defense verdict on all claims.

Criminal and Regulatory Investigations
Conducted an internal investigation into allegations of foreign commercial bribery by employees of a private equity fund and officials of a foreign government.

Conducted an internal investigation into allegations of fraud and embezzlement by a corporate officer.

Representation of a foreign bank in a proceeding brought by FinCEN involving allegations of money laundering and the constitutionality of the USA Patriot Act.

Representation of an individual in a grand jury investigation and related civil litigation involving allegations of fraudulent tax shelters.

Representation of an individual in a grand jury and related SEC investigation involving allegations of accounting fraud by a substantial multi-national company.

Defense of a criminal tax investigation involving the synthetic fuel industry, leading to closure of the investigation.

Defense of an attorney disciplinary proceeding involving alleged trial misconduct.

Representation of the target of a fraud and embezzlement investigation involving a university.

Conduct of an internal investigation and representation in connection with a related criminal investigation involving a New York State-regulated bank and the U.S. Attorney's Office.

Representation in connection with a state attorney general investigation into alleged market manipulation.

Representation in connection with a state attorney general investigation into alleged insurance fraud.

In re Solomon Brothers Trading Investigation, successful defense of an investment bank in the SEC investigation of allegedly fraudulent bidding in U.S. Treasury bond auctions.

Hunts Point Terminal Market, representation in connection with criminal and regulatory investigations by the U. S. Attorney's Office and the New York City Department of Investigation, respectively.

Media Law
Sharpton v. Giuliani, Sup. Ct. N.Y. Co., N.Y.L.J., October 16, 1997. Winning dismissal of a libel case in which Mr. Sharpton, a candidate for mayor, sought a prior restraint against Mayor Giuliani, who was running for re-election.

Jane Doe v. Daily News, L.P., 173 Misc. 2d 321, 660 N.Y.S.2d 604, Sup. Ct. N.Y. Co. 1997. Known as the Prospect Park Rape Case, winning dismissal of a defamation action against a New York City newspaper involving allegedly false charges of rape.

Metastorm, Inc. v. Gartner Group Inc., 28 F. Supp. 2d 665, D.D.C. 1998. Holding that the plaintiff in a trade libel (defamation of a product) case was a public figure subject to a heightened burden of proof.

New YorkPost v. McAlary, Sup. Ct. N.Y. Co. Denying an injunction in an action by a newspaper seeking to prevent a leading columnist from writing for a competitor.

Quasi-Judicial Service
In re EMAC Securities Litigation, S.D.N.Y., March 2004-September 2005. By court appointment, service as Special Master supervising all pre-trial proceedings in federal securities fraud cases consolidated in the Southern District of New York by order of the Judicial Panel on Multidistrict Litigation.

Silvershein v. Furman, S.D.N.Y., 1994-1998. By court appointment, service as Special Master supervising all pre-trial proceedings in a civil RICO case.

Publications and Speeches
Co-moderator, "Cross-Border Issues in Litigation and Bankruptcy," Federal Bar Council, U.S. District Court, Southern District of New York, September 21, 2005.

Co-author, "Blocked Wire Transfers: Can Funds Be Attached? Who Has Title?" 1 Journal of Payment Systems Law 156, 2005.

"The USA Patriot Act," Securities Institute, London, April 2003.

Co-author, "Auditor Independence US-Style," 55 Fraud Intelligence 5, March 2003.

Co-author, "The American Way -- New SEC Rules on Audit Committees," 55 Fraud Intelligence 13, April 2003.

"Getting Information and Provisional Remedies in the U.S.," Fraud Summit 2003, London, June 2003.

"Gathering Evidence in the United States For Use in Foreign Proceedings," Rev. 2005.