Martin S. Krezalek
|New York, NY||v. +1.212.885.5130||f. +1.917.332.3092|
Martin Krezalek concentrates his practice on complex corporate litigation and regulatory investigations, with a particular focus on matters concerning the financial services industry—including structured financial products & derivatives, securities litigation, regulatory and internal investigations, complex contractual disputes, closely-held business ownership disputes, and bankruptcy-related litigation.
While in law school, he published How to Minimize the Risk of Violating Due Process Rights While Preserving the BIA’s Ability to Affirm Without Opinion, 21 GEO.IMMIGR. L.J. 277 (2007). He also was the executive case comments editor for the New York Law School Law Review.
Mr. Krezalek is fluent in Polish.
- Successful defense of several hedge funds, including one of the world’s largest funds, in an action alleging that the funds breached various contracts by taking certain assets as collateral in connection with their post-bankruptcy financing of the debtor. Obtained complete dismissal of all claims.
- Representation of an independent audit committee of a premier NASDAQ-listed digital business solutions company in an independent investigation under Section 10A of the Securities Exchange Act of 1934.
- Defense of a major accounting company in an action alleging aiding and abetting the breaches of duties of several partners who defected from a rival accounting company.
- Representation of a prominent trusts and estates attorney against an Am Law 100 law firm in an action alleging the firm improperly reclassified him as an unpaid partner on the eve of collecting a multimillion dollar fee on a notable will probate representation for which the attorney was the principal originator.
- Successfully represented a major financial institution holding senior notes in a dispute involving two conflicting “waterfall” provisions in a CDO indenture. Obtained a summary judgment at the trial court and prevailed on appeal before the Second Circuit Court of Appeals.
- Represented a private holding company that purchased several steel mills in a purchase price adjustment dispute with the seller following the seller’s misrepresentations regarding the steel mills’ debt and working capital.
- Represented a private holding company in a dispute over whether the company and its owners had a duty to indemnify the operator of a mining and smelting operation for a massive judgment entered against the operator for personal injuries sustained from the operation of the smelter.
- Successfully represented an international pharmaceutical company in connection with defense against a hostile tender offer. Formed part of a team that secured a temporary restraining order based on the bidder’s violations of disclosure requirements under Section 14 of the Securities Exchange Act of 1934.
- Represented a global banking institution in several litigations concerning swap agreements affected by the downgrade of the institution by ratings agencies.
- Represented an international banking institution in a $700M fraud lawsuit accusing a large hedge fund of misleading the institution into restructuring a complex debt securities transaction.
- Successfully represented a large monoline insurer against an international financial institution in a dispute over which the party had the right to control the sale of credit-impaired reference obligations underlying a credit default swap. Achieved a favorable settlement following a partial summary judgment victory.
- Represented the co-founder of a significant annual electronic music festival in New York against his two co-founders for improperly ousting him from a 50-50 partnership in the festival.
- Drafted an amicus curiae brief to the Fifth Circuit Court of Appeals on behalf of the Brady Center to Prevent Gun Violence, in a significant case involving whether there exists a First and/or Second Amendment right to manufacture or produce firearms through the use of a 3D-printing machine. The brief supports the U. S. Department of State’s enforcement of regulations governing the export of defense articles to prohibit the creator of the first 3D-printed handgun from posting blueprints on the Internet that can be used to manufacture untraceable and undetectable 3D guns and gun components.
COMMUNITY SERVICE & AFFILIATIONS
Mr. Krezalek is a member of the Catholic Legal Immigration Network’s ("CLINIC") BIA Pro Bono Project, through which vulnerable immigrants who are facing deportation receive free legal representation in their appellate cases before the Board of Immigration Appeals ("BIA"). He regularly represents noncitizens before the BIA and, in 2010, secured the release of a detained noncitizen facing removal for two convictions for crimes allegedly involving moral turpitude. He has also represented several noncitizens facing deportation for violations of the federal Controlled Substances Act. In one such representation, Mr. Krezalek presented several constitutional issues to the Fifth Circuit Court of Appeals and ultimately to the U.S. Supreme Court on Petition for Writ of Certiorari.
- 2015–2017, New York “Rising Star” in Business Litigation, listed in Super Lawyers
A description of the standard or methodology on which the accolades are based can be found here.
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