David A. Crichlow is engaged in all aspects of trial and appellate practice before federal and state courts as well as administrative agencies and arbitration tribunals.With a focus on complex commercial disputes, Mr. Crichlow has extensive experience in contract, commercial fraud, securities, banking, government contracts and class action litigation, as well as internal corporate investigations.
- 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.
- 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.
- Defense of a Cayman Island hedge fund against a $324 million preference action brought by the creditors’ committee in the Refco bankruptcy.
- Representation of 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.
- 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.
- Class action defense of European financial institutions and Japanese industrial companies in litigation arising out of the atrocities of World War II, including the representation of a Japanese industrial company in a class action filed by American prisoners of war for atrocities allegedly suffered during World War II.
- Defense of a French commercial bank, a European central bank and a German insurance company in separate class actions alleging the misappropriation of certain assets by the respective financial institutions during, and subsequent to, World War II.
- Completion of an extensive internal corporate investigation of the allegedly corrupt practices of management of a multinational pharmaceutical company at the behest of an independent committee of the board of directors.
- 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 FERC ruling.