Gianluca Morello practices in the areas of securities litigation and regulation, antitrust litigation and counseling, financial services litigation, and other commercial litigation. Gianluca defends securities fraud class actions and other matters involving claims of fraud, civil racketeering, and other misconduct asserted against financial services firms and other businesses and their related individuals; antitrust claims asserted in class or other actions; and other claims asserted against businesses and individuals in the financial services and other industries. He also regularly represents court-appointed receivers in all facets of their responsibilities, including in the operation, sale, and liquidation of businesses; in “clawback” and other litigation; and in disputes with creditors. Gianluca has successfully argued several leading receivership decisions in the U.S. Court of Appeals for the Eleventh Circuit. He also counsels businesses on structuring business practices in compliance with securities and antitrust laws.
- Representation of issuer’s executive in federal securities fraud class action and parallel DOJ False Claims Act (Qui Tam) investigation.
- Obtained dismissal of federal securities fraud class action claim asserted against stock issuer’s independent auditor in putative class action.
- Obtained dismissal of fraud, civil RICO, conspiracy, and other claims asserted against global accounting network in connection with alleged fraudulent investment schemes purportedly involving over $3 billion of U.S. Treasury bonds.
- Defense of former homebuilder in connection with concurrent federal securities fraud putative class action and numerous individual state court suits asserting claims for fraud and civil conspiracy.
- Representation of federal receiver appointed in FTC and Florida Attorney General enforcement proceeding in connection with credit card debt relief telemarketing and credit card laundering scam.
- Representation of state court receiver appointed in Florida Office of Financial Regulation enforcement proceeding in connection with $17+ million Ponzi scheme involving purported investments in medical account receivables.
- Representation of federal receiver appointed in SEC enforcement proceeding in connection with $140+ million Ponzi scheme operated through several hedge funds, including concurrent prosecution of approximately 80 clawback cases.
- Representation of federal receiver appointed in SEC enforcement proceeding in connection with approximately $400 million fraudulent scheme operated through a series of hedge funds.
- Advised Fortune 1000 diversified financial services firm on structuring bank subsidiary loan program for broker-dealer subsidiaries’ customers.
- Obtained dismissal of claims, including for civil RICO, fraud, and conspiracy, asserted against leading international payment card network in a series of cases in state and federal courts relating to an alleged offshore foreign currency trading Ponzi scheme.
Significant Reported Decisions
- R. Thorpe et al. v. Walter Investment Management Corporation, 2015 WL 4063932 (S.D. Fla. 2015)
- Wiand, as Receiver v. Dancing $, LLC, 578 Fed. App’x 938 (11th Cir 2014)
- Wiand, as Receiver v. Lee, 753 F. 3d 1194 (11th Cir. 2014)
- Wiand, as Receiver v. Meeker, 572 Fed. App’x 689 (11th Cir. 2014)
- S.E.C. v. Quest Energy Management Group, Inc., 768 F. 3d 1106 (11th Cir. 2014)
- Morgan Stanley & Co., LLC v. The Core Fund, 2012 WL 3292408 (M.D. Fla. 2012)
- Walker v. Hallmark Bank & Trust, Ltd., 707 F. Supp. 2d 1317 (S.D. Fla. 2010)
- Grand Lodge of Pennsylvania v. Coast Financial Holdings et al., 2008 WL 697340 (M.D. Fla. 2008)
- In re Burton W. Wiand Receivership Cases Pending in the Tampa Division of the Middle District of Florida, 2008 WL 818504 (M.D. Fla. 2008)
- Fowler White Boggs P.A., Tampa, FL
Shareholder, Securities, Financial Services and White Collar Crime Practice Groups, 2006-2009
- Weil, Gotshal & Manges LLP, New York, NY
Litigation Associate, Antitrust and Financial Services Practice Groups,
- The Hon. Steven D. Merryday, U.S. District Judge, M.D. Fla., Tampa, FL
Law Clerk, Winter 2002-2004
- Clifford Chance LLP (formerly Rogers & Wells LLP), New York, NY
Litigation Associate, 1998-2002
- “Federal and State Receiverships: What’s Happening Now,” Panelist, Florida Bar, Business Law Section Mid-Year Meeting, January 28, 2016
- “Advanced Fraudulent Transfer Issues,” Producer and Moderator, National Association of Federal Equity Receivers Annual Conference, October 16, 2015
- “Hot Topics in Clawback Litigation,” Co-Speaker, The Knowledge Group webcast, December 15, 2014
- “Litigation Brought by Federal Equity Receivers,” Speaker, Federal Bar Association nationwide webinar, April 16, 2014
- “Managing Class Actions and Other Litigation,” Speaker, Hillsborough County Bar Association, Corporate Counsel Section Meeting, Tampa, FL, April 15, 2010
- “Dealing with Regulators in an Environment of Financial Crises,” Co-Speaker, ACC West Central Florida Chapter Meeting, Tampa, FL, June 18, 2009
- “Equity Receivers Can Bring Fraudulent Transfer Claims,” The Hillsborough County Bar Association Magazine, May-June 2015
- “U.S. Supreme Court Upholds States’ Right to Impose Laws on National Banks,” Client Newsletter, July 1, 2009
- “Eleventh Circuit Decides Two Issues of First Impression in Securities Class Actions,” Client Newsletter, May 14, 2008
- “Antitrust Claims Challenging Private Equity Firms’ Joint Bid Dismissed,” Client Newsletter, April 9, 2008
- Antitrust Litigation Best Practices: Observations and Tips for Antitrust Litigation, Aspatore Books, Thomson Reuters, 2008
- “Revisiting Absolute Immunity Protection for SRO Advertising & Marketing Activities,” Client Newsletter, November 7, 2007
- “U.S. Supreme Court Hears Argument in Credit Suisse First Boston v. Billing,” Client Newsletter, March 27, 2007
- “SRO Advertising & Marketing Activities Not Shielded by Absolute Immunity,” Client Newsletter, December 5, 2006
- “Diagnosing Monopsony and Other Issues: An Overview of the United/PacifiCare Investigation,” Co-Authored with F. Schaeffer and L. Protzmann, Antitrust Health Care Chronicle, March 2006
- “Big Six Accounting Firms Shop Worldwide for Law Firms: Why Multi-Discipline Practices Should Be Permitted in the United States,” 21 FORDHAM INT’L L. J. 190, 1997
- National Association of Federal Equity Receivers: Chair, Amicus Committee
- American Bar Association: Section of Litigation, Class Actions & Derivative Suits; Antitrust Law, Committee Member; Securities Litigation, Committee Member
- American Inn of Court: Past Barrister, Justice J. Clifford Cheatwood Inn
- Fordham Int’l Law Journal Alumni Association: Associate Director
- Hillsborough County Bar Association: Member, Securities Section
- J.D., Fordham University School of Law, 1998 (Special Publications Editor, Fordham Int’l Law Journal; Moot Court Board)
- B.A., Hamilton College, 1993 (Omicron Delta Epsilon)
State & Federal Bar Admissions
- New York
- U.S. Supreme Court
- U.S. Court of Appeals, Ninth Circuit
- U.S. Court of Appeals, Eleventh Circuit
- U.S. District Court, Middle District of Florida
- U.S. District Court, Southern District of Florida
- U.S. District Court, Southern District of New York
- U.S. District Court, Eastern District of New York
- AV Preeminent Peer Review Rating by Martindale-Hubbell®
- The Best Lawyers in America, Commercial Litigation
- Florida Rising Star, Florida Super Lawyers Magazine, 2011