Perry A. Napolitano

Perry chairs Reed Smith’s Litigation & Dispute Resolution Group and is a member of the firm's Executive Committee. Perry’s commercial litigation practice focuses on class, derivative and individual actions concerning banking, consumer finance, investment management, and corporate and individual trust issues, as well as class actions and commercial disputes of all sorts, and representation of loan servicing operations regarding inquiries by the United States Trustee and Chapter 13 Trustees in bankruptcy. He also provides risk management counseling concerning such issues. Additionally, Perry counsels clients regarding corporate witness training, as well as attorney-client privilege and work product issues. Perry has broad experience in general commercial and other complex litigation, and has defended dozens of putative class actions in Alabama, California, Florida, Indiana, Maine, Michigan, New York, New Jersey, North Carolina, Ohio, Pennsylvania, Tennessee, Washington, and West Virginia.

Experience

Representative matters

Defending $330 million breach of fiduciary duty claim in Pennsylvania Orphans’ Court and federal court by income beneficiary of family trust.

Defending breach of fiduciary duty class action against contractual trustee relating to investment in affiliated mutual funds.

Defended multi-million dollar lender liability claims in state and federal courts in New York, Texas, and Pennsylvania.

Defending $330 million breach of fiduciary duty claim in Pennsylvania Orphans’ Court and federal court by income beneficiary of family trust.

Defending breach of fiduciary duty class action against contractual trustee relating to investment in affiliated mutual funds.

Defended multi-million dollar lender liability claims in state and federal courts in New York, Texas, and Pennsylvania.

Defended multi-million dollar commercial contract claim in Tennessee federal court regarding acquisition of target company.

Defended class action in Minnesota federal court challenging repossession practices.

Defending National Bank in multiple class and individual actions challenging issuance of loans under Coronavirus Aid, Relief and Economic Security (CARES) Act Paycheck Protection Program.

Defended joint venture in two putative class actions challenging fees charged to merchants for credit card processing services.

Defeated class certification in nationwide putative class action in California State court alleging that Indenture Trustee breached its fiduciary duties following default.

Obtained temporary restraining order in federal court and before AAA panel against competitors in enforcement of restrictive covenant.

Represented National Bank in responding to numerous subpoenas from federal and state agencies, as well as private parties nationwide, in connection with high profile transactions and events.

Obtained dismissal of FCRA class action in Florida federal court alleging improper foreclosure practices.

Obtained dismissal of FDCPA class action in federal court in California alleging improper collections after bankruptcy discharge

Obtained stay on forum non conveniens grounds of California state breach of trust action in favor of proceedings in Pennsylvania Orphans’ Court

Represented one of the nation's largest mortgage servicers in litigation with the Office of the United States Trustee and Chapter 13 Trustees in dozens of bankruptcy courts throughout the country.

Obtained dismissal of TILA class action in federal court in Maine, challenging student loan origination practices

Represented one of the country's largest mutual fund advisers in seven derivative suits in various federal courts challenging allegedly excessive advisory fees under the Investment Company Act and seeking $600 million in damages.

Defeated class certification in Pennsylvania federal court in a challenge to mortgage servicing practices of national mortgage lender and successfully defended appeal

Represented lender and trustee of residential mortgage-backed securities in individual and class litigation concerning obligations to record mortgages transferred pursuant to securitization and sale

Representing bank defendant and affiliated reinsurer in class action alleging RESPA violations in connection with reinsurance of private mortgage insurance

Defended bank in consumer fraud class action in New Jersey challenging fees assessed in connection with repossession of automobiles

Defended federal class action challenging bank’s calculation of minimum payment during repayment period under a variable-rate home equity line of credit

Defended investment manager against claims relating to management of trust account

Defended company and executives in class action alleging violations of the Section 10(b) and 20(a) of the Securities Exchange Act of 1934

Defended client against claims relating to sale of annuities

Defended TCPA class action in federal court in Chicago on behalf of prominent regional consumer bank

Advised global financial institution in connection with annual shareholders meetings

Represented global bank in injunction action brought in Court of Common Pleas of Allegheny County to enjoin Occupy Pittsburgh from continuing to camp on bank property

Advised global manufacturer in high profile proxy dispute

Defeated class certification in the Third Circuit Court of Appeals in Americans with Disabilities Act class action brought against one of the nation's largest employers claiming that client had a "100% healed" policy preventing injured employees from returning to work

Obtained summary judgment in oft-cited Pennsylvania federal court opinion holding that mortgage servicer cannot be held liable for alleged breaches of note and mortgage

Defended putative class action in Ohio federal court challenging fees charged in connection with foreclosures

Coordinated a team of lawyers from Reed Smith and other firms in securing dismissal of an ERISA class action — stemming from the bankruptcy of Allegheny Health Education and Research Foundation (“AHERF”), the largest-ever bankruptcy of a nonprofit institution — on behalf of defendants that included former AHERF Trustees and a major financial institution

Obtained voluntary dismissal of putative class action challenging treatment of payroll practice as exempt from ERISA

Defended client against putative class actions brought by alleged home loan assignees in Michigan state court, arising from secondary mortgage loans and including claims under Michigan Secondary Mortgage Loan Act, Credit Reform Act and Consumer Protection Act

Negotiated favorable settlement of nationwide class action in SDNY challenging processing of disability insurance claims

Successfully defended Alabama bank in a state court putative class action challenging order of posting in processing checks and the assessment of overdraft/NSF fees; obtained a writ of mandamus in a landmark decision by the Alabama Supreme Court, requiring that the state court action be abated pending a ruling in a parallel federal action

Successfully defended Alabama bank and its brokerage subsidiary in state court putative class action challenging sales of mutual funds; obtained summary judgment concerning two of three named plaintiffs; obtained 8-0 decision in Alabama Supreme Court rejecting class treatment of remaining claims

Negotiated favorable settlement of more than 60 individual "opt-out" cases spun off of nationwide class action challenging life insurance sales practices

Successfully defended a class action claiming that bank trust department charged excessive fees for its daily "sweep" of uninvested cash into investment vehicles; obtained Third Circuit reversal of an adverse trial court judgment, valued as high as $100 million, and prevailed in a parallel state court proceeding, obtaining a ruling that the sweep fees were lawful and reasonable

Defended putative nationwide class action alleging illegal payments in return for referrals in violation of Section 8 of the Real Estate Settlement Procedures Act

Obtained dismissal of putative class action in Ohio state court on behalf of seven defendants in action challenging collection of counsel fees in connection with reinstatements of residential mortgages in default and related resolutions of defaults

Defended novel putative ERISA class action challenging "mapover" of pooled trust funds to mutual funds; defeated class certification in North Carolina federal court and defeated petition for allowance of appeal to the Fourth Circuit

Credentials

Education

University of Notre Dame Law School, 1989, J.D., summa cum laude, Graduated as salutatorian; Editor-in-Chief, Notre Dame Law Review
Duquesne University, 1986, M.A., Political Science
Duquesne University, 1986, B.A., Political Science, summa cum laude, Graduated as valedictorian; Named to the GTE Academic All-American Baseball Team; Member of the Duquesne University Sports Hall of Fame