Senior counsel in Willkie's Litigation Department, Richard Mancino focuses on complex commercial and corporate litigation, including insurance and reinsurance disputes, fraudulent transfer actions, and alter ego and corporate veil litigation. He also represents insurance clients in regulatory hearings concerning change of control and division/IBT transactions.
Richard's trial and appellate practice brings him frequently into federal and state courts around the country. He was lead counsel in an extended bench trial in California Superior Court which resulted in a decision dismissing fraudulent transfer claims against his clients arising out of a complex recapitalization transaction involving a prominent P&C insurer. He also served as lead trial counsel for a foreign reinsurer in a federal securities class action litigation in which the district court, in a ruling that predated the Supreme Court's decision in Morrison v. Australian National Bank, denied class certification to foreign purchasers who bought his client's stock on the Swiss and London stock exchanges. At the appellate level, Richard has successfully argued appeals before the New York Appellate Division, the California Court of Appeals, and the Wisconsin Supreme Court, as well as the U.S. Courts of Appeal for the Second, Third, Fourth and Seventh Circuits.
Some of his more notable appellate victories include the Fourth Circuit’s decision holding that the McCarran-Ferguson Act does not permit a South Carolina statute prohibiting arbitration of insurance disputes to reverse-preempt the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, and affirming the district court's order compelling an insurance coverage dispute to be arbitrated in Sweden. Another was a unanimous victory in the Wisconsin Supreme Court affirming the dismissal of fraudulent transfer and successor claims against a private equity firm that had acquired the assets of an insolvent steel fabricating company by means of a strict foreclosure.
Richard has extensive arbitration experience, particularly in the insurance and reinsurance fields. He has obtained arbitration victories for both ceding companies and reinsurers in disputes arising under A&H, D&O, ILS and other reinsurance covers.
Richard is recognized as a leading practitioner in the 2019 edition of Insurance and Reinsurance Expert Guide,
Experience
Richard has consistently been recognized over the past two decades by clients and his peers as a leading insurance and reinsurance law adviser in Legal Media Group’s "Guide to the World's Leading Insurance and Reinsurance Lawyers,” Who's Who Legal: Insurance & Reinsurance, and Super Lawyers.
Richard is certified as a reinsurance arbitrator by ARIAS-US, the reinsurance arbitration organization. He is a member of the Board of Directors of The City Bar Fund, the non-profit parent of the New York City Bar Association’s pro bono organizations (including the City Bar Justice Center). Richard is past chair of the New York City Bar Association’s Products Liability Committee and, as a member of the Federal Courts Committee, helped write the Committee's post 9/11 report: "The Indefinite Detention of Enemy Combatants: Balancing Due Process and National Security in the Context of the War on Terror."
Richard also serves as a court-appointed mediator in the Southern and Eastern Districts of New York.
-
“How Lawyers Can Help the Uyghur Human Rights Crisis,” New York Law Journal (February 11, 2019)
-
"Are Arbitration Clauses in International Insurance Contracts Enforceable? The Fourth Circuit Joins Debate," Insurance Coverage Law Report (August/September 2012)
-
"U.S. Supreme Court to Decide Effect of Contractual Forum-Selection Clauses in Federal Courts," Willkie Client Memo (April 8, 2013)
-
"Lost Horizon: International Securities Litigation in a Post-Morrison World," presented at The Knowledge Congress’s Live Webinar Legal Series: International Securities Litigation, (January 16, 2013)
-
"Seventh Circuit Emphasizes Necessity for Timely Selection of Party Arbitrator," Metropolitan Corporate Counsel (2007)
-
"The Doctrine of Adequate Assurances and Potential Year 2000 Litigation Risks," N.Y.L.J., Sept. 1, 1999 and Corporate Law Weekly, Sept. 23, 1999 (with Scott Rose)
-
"Should Congress Try to Stop All Those Lawsuits Over Spilled Coffee and Declining Stock Prices," The Marsh & McLennan Companies Quarterly: Civil Justice in a Changing World (Fall 1995)
-
ESAB Group, Inc. v. Zurich Insurance plc, 685 F.3d 376 (4th Cir. 2012): Adopting Richard’s statement at oral argument that in matters of foreign commerce the United States must speak with one voice, the Fourth Circuit affirmed the district court’s order compelling insurance claims to arbitration in Sweden, and rejected plaintiff-appellant’s argument that the McCarran-Ferguson Act enabled a South Carolina statute prohibiting arbitration of insurance disputes to reverse-preempt the N.Y. Convention on Recognition and Enforcement of Foreign Arbitral Awards.
-
Veritas Steel, LLC v. Lunda Construction Company, 2020 WI 3 (Wis. 2020): Defended Veritas Steel LLC and Atlas Holdings in the trial court, appellate court, and Wisconsin Supreme Court against successor liability and fraudulent transfer claims brought following a strict foreclosure. Secured case-ending decision on question of first impression regarding application of the successor liability doctrine to strict foreclosures.
-
API Asbestos Settlement Trust v. Zurich American Ins. Co., 2012 WL 2589086 (D. Minn. Mar. 30, 2012): Richard obtained summary judgment dismissing with prejudice alter ego, agency, tortious interference and breach of contract claims of asbestos litigation trust arising out of recapitalization of insurance company that had insured plaintiffs. See also API Asbestos Settlement Trust v. Zurich American Ins. Co., 706 F. Supp. 2d 926 (D. Minn. 2010) (dismissing fraudulent transfer and tortious interference claims for plaintiffs’ lack of standing).
-
In re Scor Holding (Switzerland) AG Securities Litig., 537 F. Supp. 2d 556 (S.D.N.Y. 2008): As lead counsel for Scor (f/k/a Converium) in class action securities litigation, obtained dismissal from certified class of foreign purchasers who bought Converium stock on foreign exchanges.
-
General Motors Corp. v. Royal & Sun Alliance Insurance Group plc, et al., Case 05-063863 (Circuit Ct. Oakland County, Michigan) and General Motors Corp. v. Royal & Sun Alliance Insurance plc, [2007] EWHC 2206 (High Court of Justice, Commercial Court, England): Engineered Royal & Sun Alliance Insurance Group plc’s successful defense against alter ego claims and coverage litigation in Michigan, and then assisted English counsel in obtaining an anti-suit injunction against GM in London Commercial Court.
-
Allianz v. Kennecott Corporation, et al., High Court of Justice, Commercial Court, England (2002): Represented U.S. mining company in connection with business interruption claim resulting from catastrophic failure of copper smelter furnace and acid plant. Assisted U.K. counsel in coverage litigation in English court and in mediating successful settlement of claim.
-
Salton, Inc. v. Philips Domestic Appliances & Personal Care, B.V., 391 F.2d 871 (7th Cir. 2004): Represented Dutch appliance maker in copyright and patent litigation against U.S. electronics manufacturer. On appeal, obtained reversal of district court’s dismissal of action for failure to join Chinese original equipment manufacturing firm.
-
Wechsler v. Squadron, Ellenoff, Plesent & Sheinfeld, 994 F. Supp. 202 (S.D.N.Y. 1997): Represented trustee in litigation arising out of the Towers Financial Ponzi scheme and resulting bankruptcy. Persuaded district court that trustee had standing to bring malpractice claims against former SEC counsel to Towers, notwithstanding senior management’s role in the fraud.
Credentials
Education
Ohio State University Moritz School of Law, J.D., 1982 Michigan State University, B.A., 1978
Bar Admissions
Court Admissions
United States Supreme Court, 2012 United States Court of Appeals, 2nd Circuit, 1990 United States Court of Appeals, 3rd Circuit, 1990 United States Court of Appeals, 4th Circuit United States Court of Appeals, 7th Circuit United States Court of Appeals, 8th Circuit, 2012 United States Court of Appeals, 9th Circuit, 1989 United States District Court, Eastern District of New York, 1983 United States District Court, Southern District of New York, 1983 United States District Court, Western District of New York, 2008
