David A. Crichlow

Partner
david.crichlow@kattenlaw.com
New York Office
p+1.212.940.8941
f+1.212.940.8776
vCard
Overview

David A. Crichlow represents large companies in some of their most important litigation in federal and state courts, administrative agencies and arbitration tribunals throughout the country. David counsels clients in contract, commercial fraud, securities, banking, government contracts and class action litigation, as well as internal corporate investigations.

David focuses his practice on complex commercial litigation, class action defense, creditors’ rights and bankruptcy litigation. His experience is wide ranging, and includes representing the equity committee in the Solutia bankruptcy in its $2 billion lawsuit against Solutia’s former partner asserting undercapitalization of Solutia at spin-off; defending a Cayman Island hedge fund against a $324 million preference action brought by the creditors’ committee in the Refco bankruptcy; and defending an indenture trustee against a “bet-the-company” putative class action related to a $40 million bond offering that was alleged to be part of a Ponzi scheme by the issuer. His clients include some of the largest banks in the United States and in Europe, as well as major oil companies and one of the largest pension funds in the United States.

In more than 24 years of practice, David has held the first chair position in litigation across the country. He manages his cases from discovery through verdict. His track record of successfully defending clients includes resolving cases before trial, through mediation and arbitration, as well as zealous representation in the courtroom.

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Experience
  • Lead trial counsel in the defense of a Boise Idaho company in a “bet-the-company” case against a putative class action related to the company’s role as indenture trustee to a $40 million bond issuance, and the indenture trustee’s alleged breach of fiduciary duties, and contractual obligations, after issuer of notes declared bankruptcy and was alleged to have been engaged in a massive Ponzi Scheme. Obtained dismissal of all claims prior to class certification, and without class discovery.
  • Representation of clients with claims against the Reserve Fund for redemption of investments after the fund historically “broke the buck” during the financial crisis in the fall of 2008.
  • Representation of a large domestic public utility company in its petition before the US Supreme Court for a writ of certiorari to review a lower court’s decision on the constitutionality of a Federal Energy Regulatory Commission (FERC) ruling.
  • Lead trial counsel to collateral and indenture trustee in the Circus and Eldorado joint venture bankruptcy proceeding in Reno, Nevada, involving the restructuring of $143 million of mortgage notes secured by Silver Legacy Resort Casino.
  • Representation of trustee for certificate holders under pooling and servicing agreements in connection with residential mortgage-backed securities (RMBS) litigation and claims brought by monoline insurer against trustee for alleged breaches of contract and various other purported duties. Obtained dismissal of all claims.
  • Lead trial counsel in the defense of one of the country’s largest automobile finance companies in a class action suit alleging violations of New York’s Motor Vehicle Retail Leasing Act. Obtained voluntary dismissal of nationwide class allegations, and resolved state class claims favorably to client after extensive commercial mediation.
  • Lead trial counsel in the defense of a Cayman Island hedge fund against a $324 million preference action brought by the creditors’ committee in the Refco bankruptcy. Obtained successful resolution prior to summary judgment hearing.
  • Lead trial counsel in the representation of one of the United States’ largest pension funds in its multimillion-dollar suit against a large commercial real estate developer and several construction contractors for the alleged defective design and construction of a New Jersey commercial retail shopping mall purchased by the pension fund. Favorably resolved case after multi-day binding mediation procedure.
  • Lead trial counsel in the representation of the equity committee in the Solutia bankruptcy in its $2 billion lawsuit against Solutia's former parent, asserting that Solutia's former parent undercapitalized Solutia at its spin-off, fraudulently transferred certain liabilities to Solutia and misrepresented the scope of Solutia's future environmental liabilities in public documents related to the spin-off. Representation resulted in global settlement under bankruptcy plan and recovery for pre-petition equity holders.
  • Lead trial counsel in multiparty plaintiff actions brought by certain upstream oil producers against several of the nation’s largest oil companies as downstream purchasers, for claims worth hundreds of millions of dollars alleging unjust enrichment, constructive trust and other equitable remedies.
  • Lead trial counsel for one of the country’s largest oil companies in several adversary proceedings brought against the Enron Corporation, or its affiliates, in the Enron bankruptcy, with respect to disputes arising from a pipeline joint venture between the company’s affiliates and Enron’s affiliates.

Recognition

Super Lawyers, 2006
Turnaround Atlas, Gaming & Hospitality Turnaround of the Year (2012)
Basic Resources Category (2011)

Hofstra University Alumni Achievement Award

Hofstra University Alumni Achievement Award, 2012

Metropolitan Black Bar Association

Metropolitan Black Bar Association, “Private Practitioner of the Year” (2011)

International Law Office Client Choice Award

International Law Office Client Choice Award, 2014
Legal 500, 2014

Education

  • JD, University of Pennsylvania Law School
  • BA, Hofstra University

Bar Admissions

  • District of Columbia
  • New York

Court Admissions

  • US Supreme Court
  • US Court of Federal Claims
  • US District Court, Eastern District of New York
  • US District Court, Northern District of New York
  • US District Court, Southern District of New York

Recognition

2006
Gaming & Hospitality Turnaround of the Year (2012)
Basic Resources Category (2011)

Hofstra University Alumni Achievement Award

2012

Metropolitan Black Bar Association

“Private Practitioner of the Year” (2011)

International Law Office Client Choice Award

2014
2014
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Memberships

  • Lawyers' Committee for Civil Rights Under Law, Board of Trustees
  • The Legal Aid Society, Board of Directors
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