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Howard L. Vickery II

Partner
New York

t: 212 446 2300
f: 212 446 2350

hvickery@bsfllp.com
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Area of Practice

Litigation


Education

University of Chicago Law School, J.D., 1975; Associate Editor, University of Chicago Law Review

University of California, Berkeley, M.A., Political Science, 1971

Swarthmore College, B.A., Social Sciences, 1970; Honors


Language Spoken

Portuguese


Admissions

New York, California, and District of Columbia

United States Supreme Court

United States Courts of Appeals: Second Circuit

United States District Courts: Southern and Eastern Districts of New York

Howard Vickery specializes in the area of complex commercial litigation, securities class actions, and private international law.  Much of his practice has involved cross-border disputes. 

In 37 years of private practice, Mr. Vickery has acquired broad experience with securities law, class actions representing both plaintiffs and defendants, conflict of laws, civil law legal systems, recognition of foreign judgments in the United States and abroad, parallel judicial proceedings, the Foreign Sovereign Immunities Act, transnational discovery, proof of foreign law, provisional remedies, long-arm jurisdiction, forum non conveniens, bankruptcy, construction and suretyship law, and cross-border litigation. 

Since 2009, Mr. Vickery has played a pivotal role in representing the class of investors in the Fairfield Sentry Fund, the largest fund investor in the Bernard Madoff Ponzi scheme, in a securities class action against the Fairfield Greenwich Group, PricewaterhouseCoopers, and the Citco Group.  The District Court certified a class composed of investors in more than forty countries finding that a class action was superior to other methods of adjudicating the dispute.  Mr. Vickery worked closely with eight experts on foreign law to demonstrate to the court that the countries included in the class were more likely than not to recognize the preclusive effect of a judgment entered in an U.S. opt-out class action.  He also took the lead role in prosecuting the case against the Dutch and Canadian accounting firms employed by the funds, working with consulting and testifying experts on auditing standards, forensic accounting and derivatives, and deposing defendants’ experts in these fields.

Mr. Vickery was part of a team defending a securities class action against Tyco International, where he collaborated with experts on loss causation and damages, and participated in the successful settlement negotiations.

Mr. Vickery speaks Portuguese and has represented many of the leading companies in Brazil over the course of his career.

From 1978 to 1981, Mr. Vickery was a defense analyst in the Office of the Under Secretary of Defense for Policy.

Mr. Vickery spoke on Developments in Provisional and Enforcement Remedies Affecting International Litigation at the C5 Forum on Fraud, Asset Tracing and Recovery (September 2014) and litigating international construction and performance bond disputes at the 2004 Offshore Technology Conference in Houston. He has written articles and given presentations on loss causation in securities fraud cases, drafting shipbuilding contracts, recovering assets from offshore asset protection trusts, money-laundering, international bank regulation, and judicial appeals of informal agency action.

  • Advised BM&SBovespa S.A., the São Paulo stock exchange, in connection with the licensing of its live feed and unauthorized use of its signature ibovespa index
  • Lead counsel for a major insurance company in an action against an offshore bank alleged to be complicit in a fraudulent hedge fund scheme. 
  • Lead counsel for the Spanish government’s Sociedad Estatal Quinto Centenario in an ICC arbitration with Ringling Brothers Circus arising out of the 1992 tour of the replicas of the Niña, Pinta and Santa Maria.
  • Lead counsel for an institutional sponsor of fund of funds in a lawsuit alleging that the portfolio manager of an offshore hedge fund concealed unauthorized trades.
  • Advised Braskem America in a dispute with Sunoco over the threatened breach of a long-term supply contract for petrochemical feed stocks.
  • Advised JBS, S.A., the world’s largest producer of animal protein, in a dispute with Hartz Mountain involving an alleged breach of a supply contract.
  • Submitted an economic study to the SEC on behalf of Brazilian hedge funds seeking to block the restructuring of a Brazilian telecommunications company.
  • Collaborated with a Yale law professor to submit an expert opinion on the U.S. law of insider trading in defense of a company charged with securities violations by the Brazilian SEC.
  • Represented Construtora Norberto Odebrecht in a lawsuit arising out of an alleged breach of an exclusive dealing contract relating to the construction of the Rio Madeira hydroelectric plant in Brazil.
  • Assisted Odebrecht Overseas Ltd. to resolve bankruptcy disputes involving derivatives contracts with Lehmann Brothers U.S. and Lehmann Brothers Europe.
  • Obtained a RICO judgment against the foreign owners and principals of Bedford House, a quasi-bank in New York that failed.
  • Defended a hedge fund against a clawback action brought by the Lyondell Creditor Trust.
  • Represented a prominent Brazilian portfolio manager in an action brought by Brazilian journalists in New York Supreme Court arising out of a Kroll, Inc. investigation in Brazil and succeeded in getting lawsuit dismissed.

Selected Professional Awards and Associations

American Bar Association New York City Bar Association Federal Bar Council

Publications

Drafting Construction Contracts to Avoid Disputes, Offshore Technology Conference (May 2004)

Judicial Review of Informal Agency Action, 28 Hastings Law Journal 307 (1976)

The Trustee as Target, Offshore Trust Conference (1977)

Related News

Fifty-three Attorneys Recognized as New York Metro Super Lawyers (October 10, 2016)

Boies, Schiller & Flexner Attorneys Recognized as New York-Metro Super Lawyers (October 2015)

Boies, Schiller & Flexner Attorneys Recognized as New York Metro Super Lawyers (October 19, 2014)

54 BSF Attorneys Recognized as Top Lawyers in 2013 Super Lawyers Magazine (2013 Super Lawyers)

The BSF Report: Spring 2013 (03.08.2013)

BSF Attorneys Negotiate Settlement for Madoff ‘Feeder Fund’ Investors (November 6, 2012)

After Trial, Delaware Court Rules that Hedge Fund Breached Fiduciary Duties to BSF Client Lerner Master Fund (08.10.2011)

Shareholder Derivative Action Filed by BSF Against CEO of Modell's Sporting Goods (June 9, 2011)

BSF Assumes Lead Role in Emerging Legal Matters Arising from the Bernard Madoff Ponzi Scheme (In The News)

Sixteen BSF Attorneys Named 2010 New York Super Lawyers -- Metro Edition (2010 New York Super Lawyers -- Metro Edition)

Thirteen BSF Attorneys Named 2009 New York Super Lawyers -- Metro Edition (2009 New York Super Lawyers -- Metro Edition)

Firm Report: July 2006 (Vol. 1, Issue II) (07.01.2006)

Government Service

Office of the Undersecretary of Defense (Policy), 1978-81