Mike Crisp has nearly twenty years of courtroom experience as a trial attorney in complex federal court litigation involving banking, capital markets, manufacturing, healthcare and technology. He represents banks, servicers, special servicers, investment banks and non-financial businesses such as integrated healthcare systems and manufacturers in trials and arbitrations related to asset securitization, bankruptcy, patents, insurance coverage, post-closing purchase price disputes, class actions, product liability, accounting practices, breach of contract and commercial torts. Mr. Crisp also represents compliance departments, boards of directors and board committees in connection with the investigation of financial matters including fraud, regulatory compliance and whistle-blower allegations. Mr. Crisp has served as national trial counsel and as coordinating counsel in multi-district litigation in product liability matters involving construction materials, consumable products and consumer products implicated in significant property damage, deaths and serious bodily injury. He has also represented clients in numerous commercial arbitrations in the United States and Europe under the Rules of the American Arbitration Association, the International Court of Arbitration of the International Chamber of Commerce and the International Institute for Conflict Prevention and Resolution. Mr. Crisp has substantial experience in alternative and fixed fee billing while representing corporate plaintiffs and defendants, early case assessment, and other innovative litigation solutions designed to reduce the cost of complex litigation and he is frequently asked to speak on these topics. He has appeared as a legal commentator on CNN to discuss the credit crisis and he has been quoted in numerous publications regarding such matters as the government takeover of Fannie Mae and Freddie Mac and litigation arising out of the failure of financial firms. From 2007 through the end of 2010, Mr. Crisp was the leader of the firm's business litigation practice group with responsibility for managing the practice in the firm's U.S. offices. In 2009, he relocated from Atlanta to the firm's New York office to lead the effort to expand the firm's New York litigation practice. Experience Real estate related Chapter 11 bankruptcy litigation for special servicer, Represented special servicer of approximately $125 million of secured mezzanine debt in a real estate related Chapter 11 bankruptcy proceeding in the Southern District of New York. The matter included lengthy litigation of the debtors' efforts to obtain bankruptcy court approval of a Plan Support Agreement, bid-procedures and a stalking-horse bidder that unduly favored certain insiders. After significant briefing and a lengthy trial the bankruptcy court wholly rejected the debtors' efforts and sided with the opposing secured lenders including our client. As a result, the debtors remarketed their businesses which led to a satisfactory resolution of the claims of the firm's client. Whistle-blower claims investigation for venture bank, Represented audit committee of well-known venture bank in internal investigation of whistle-blower claims alleging expense and accounting fraud by senior executives and assisted bank with subsequent disclosures to and investigation by regulators. Regulatory investigation resulted in no action against the bank. Internal investigation for board of directors of large community bank, Conducted internal corporate/regulatory investigation for the board of directors of a large New Jersey community bank involving whistle-blower allegations of breaches of banking laws and regulations, as well as internal corporate governance and personnel policies. Class action suit for major hospital, Represented a major hospital in a multimillion dollar, putative class action involving billing practices for managed care patients. During discovery, plaintiffs' counsel agreed to settle the matter for pennies on the dollar. Interface, Inc. v. Hartford Fire Insurance Company, The firm served as lead counsel in representing Interface Flooring Systems, Inc. and affiliated entities (Interface), the world's leading producer of soft-surfaced modular floor coverings (carpet tiles), against Hartford Fire Insurance Company (Hartford) with an important and complex insurance coverage case. Interface filed suit against Hartford in August 2005, in the United States District Court for the Northern District of Georgia, seeking millions in damages for Hartford's refusal to defend or indemnify Interface under commercial general liability policies with respect to several lawsuits across the country that were filed against Interface alleging that Interface's carpet tiles and the manner of their installation were defective, leading to damage to concrete slabs and an unpleasant odor in buildings. Following the successful resolution of the underlying cases, Interface received favorable rulings in the Hartford insurance litigation with respect to a motion to disqualify counsel, and on important discovery issues, including orders compelling Hartford to produce certain underwriting and claims documents. The case then settled on a confidential basis shortly thereafter in June 2008.
Interface, Inc. v. Hartford Fire Ins. Co., No. 1:05-CV-02079TCB (N.D. Ga. filed Aug. 10, 2005). Litigation for Columbian cement supplier, Represented a Columbian cement supplier in Uniform Commercial Code dispute with buyer in the United States regarding the price the supplier paid for cement under a large multi-year supply contract. After developing a series of creative legal arguments in favor of altering the referenced contract price, the matter settled on favorable terms for the client. Suffolk Construction Company v. Interface Flooring Systems, et al., Successfully represented Interface, Inc., a leading manufacturer of carpet tiles, in a series of product liability cases filed in Massachusetts, Virginia, Vermont and Pennsylvania alleging more than $100 million in property damage caused by client's product. Settled cases following extensive motion practice and depositions of plaintiffs' experts. Breach of contract and breach of fiduciary duty for a large financial institution, The firm represented a large financial institution in defense of breach of contract and breach of fiduciary duty claims brought by another major bank arising out of the sale and servicing of a portfolio of subprime mortgages. Case settled following factual investigation and motion practice. Litigation for international event services company *, Obtained favorable settlement of fraud and breach of fiduciary duty case in Pennsylvania brought against international event services company by investor and investment bank arising out of client's acquisition of software development company. Commercial disputes litigation for health supplement manufacturer, Represented foreign health supplement marketer in numerous commercial disputes and cases following termination of long-term supply agreements after FDA recall. Litigation for hospital and affiliated healthcare companies, Defended hospital and affiliated healthcare companies in defamation and fraud case brought by former executives who were terminated following an investigation of allegations of Medicare and Medicaid fraud. Financial fraud investigation for financial services company *, Conducted investigation for financial services company of alleged financial fraud and theft by bank executive and senior lending officer arising out of fraudulent loans to companies owned by relatives of the subjects of the investigation. Assessing litigation risk for foreign investment bank, Assisting foreign investment bank in assessing litigation risk associated with potential acquisition of subsidiary in New York and advising on measures to mitigate that risk. Audit malpractice litigation for accounting firm, Obtained a defense verdict representing accounting firm in Georgia jury trial of audit malpractice action in Vidalia, Georgia related to client's audit of large construction firm. Financial fraud by CEO and CFO of manufacturing company *, Represented manufacturer's board of directors. Conducted lengthy investigation of financial fraud by CEO and CFO arising out of a large insurance claim by the company following a casualty loss. Securities litigation for financial services company *, Obtained large jury award for financial services client, providing factoring of accounts receivable and small business financing, in case arising out of breach of commercial lending agreement and fraud by corporate borrower. Investigation for a New York bank's compliance practices, Represented New York bank in connection with Federal investigation of bank's bulk mailing compliance practices. Contract litigation for investment fund companies, Represented four investment funds specializing in investments in Russia in a breach of contract action against a global depositary bank over the fees charged to holders of global depositary receipts in a complex spin-off transaction. Collection of substantial amounts for large healthcare system, Represented large integrated healthcare system in collection of substantial amounts due following settlement of class action pending in New York related to insurer billing and payment practices. Product liability litigation for health supplement marketer, Represented foreign health supplement marketer in connection with state and federal product liability actions and MDL proceeding initiated following FDA recall. Provided independent analysis of claims and settlement strategy to management. Toxic tort litigation for large chemical manufacturer *, Obtained defense verdict for large chemical manufacturer following lengthy trial in Alabama of multi-plaintiff toxic tort case related to chemicals used to manufacture paper. Arbitration award in dispute relating to proper accounting procedures *, Represented a U.S. holding company in AAA arbitration of a purchase price adjustment dispute following client's sale of a cruise line subsidiary. Dispute related to proper accounting treatment on closing balance sheet of items such as deferred taxes, accrued pension liability and deferred dry dock expense. A large award won for client in arbitration. Toxic tort litigation for a global manufacturer of automobile batteries *, The firm served as lead counsel for a global manufacturer of automobile batteries in multi-plaintiff toxic lead exposure litigation arising out of operation of a recycling facility. Successful defense of consumer products manufacturer in wrongful death case *, Successfully defended consumer products manufacturer in case involving a fire that resulted in the deaths of two children and an adult in rural Alabama. Case was settled prior to trial for a nominal amount because evidence, including substantial scientific testimony, did not support the plaintiff's theory that the client's product caused the fire. Arbitration regarding purchase price adjustment of a sale of an airline catering business subsidiary, Won large arbitration award for holding company in AAA arbitration of a purchase price adjustment dispute following client's sale of airline catering business subsidiary. Dispute related to proper accounting treatment on closing balance sheet of items such as deferred taxes and accrued pension liability. *Experience gained by attorney prior to joining Kilpatrick Townsend News 05 January 2009, Kilpatrick Stockton Expands Business Litigation Team in New York, News Releases (Also at New York, N.Y. Office) |