Cases
Experience: Bank
Investor Litigation Experience: Won, at trial, a complete defense verdict for a national bank as corporate trustee on claims of breach of fiduciary duty, civil conspiracy, misrepresentation
breach of contract arising out of an alleged customer fraud
plaintiff's damages claim peaked at $58 million.
Lead defense counsel to a national bank
its affiliate as corporate trustee
custodian in multiple actions in federal court
the Delaware Court of Chancery arising out of an alleged $350 million customer fraud.
Represented a national bank in suits across jurisdictions regarding administration of Paycheck Protection Program.
Won multiple judgments for lenders
lessors on a wide range of commercial real estate financing, equipment leasing,
asset-based lending, including the dismissal of lender liability counterclaims.
Lead defense counsel to a national bank on fraudulent transfer claims brought by an assignee for the benefit of creditors for transfers made by a grain cooperative's criminally-convicted manager.
Won, at two trials, separate multimillion-dollar arbitration awards for a lender for the borrower's breaches of a casino loan
an equipment lease, including the dismissal of a $39 million claim under the anti-tying provisions of the Bank Holding Company Act.
Defended breach of fiduciary duty claims in the Delaware Court of Chancery arising out of Refco's collapse due to criminal fraud
resulting bankruptcy case.
Defended a loan originator in a federal multi-district litigation against numerous claims arising out of Le-Nature's collapse due to criminal fraud
resulting bankruptcy case.
Obtained a settlement for full recovery on behalf of an international commodities trader in a federal suit for breach of coal purchase
sale contracts.
Defended multiple actions against lead lenders on participants' claims of breach of representations
warranties, fraud,
breach of fiduciary duty.
Defended multiple securities fraud actions against public companies, officers
directors,
underwriters.
Corporate Trust
Structured Products Experience: Regularly represent national banks in corporate trust, RMBS,
CMBS litigation in their capacities as trustee, custodian, master servicer,
/or securities administrator.
Won, at trial, judgment in favor of a securities administrator approving its distribution of payments to an RMBS trust
denying recovery to objecting hedge fund. Trial win affirmed on appeal.
Obtained, after trial in the Delaware Court of Chancery, a $155 million settlement of a fraudulent transfer
breach of indenture claims against the issuer for the benefit of bondholders. The settlement represented a 67.5% cash recovery to holders, which was a 60% premium to the bonds' trading price before litigation began.
Obtained judgment in New York state court for a national bank as indenture trustee for holders of $80 million of corporate bonds as a result of the issuer's misuse of asset sale proceeds.
Lead defense counsel to a national bank as indenture trustee on a municipal bond issuance in an action alleging breach of indenture
breach of fiduciary duty.
Insolvency
Bankruptcy Experience: Obtained a $6 million settlement-full recovery to creditors-on behalf of the chapter 7 trustee for the bankruptcy estate of a fintech services company on claims including fraud, breach of fiduciary,
aiding
abetting.
Obtained a $14.25 million settlement on behalf of the chapter 7 trustee for the bankruptcy estate of a large electronics distributor in an adversary proceeding against Fitbit, Inc.
Won, at trial, an order ousting the management of a money services company for fraud
appointing a chapter 11 trustee in Delaware bankruptcy court within weeks of the petition date.
Obtained a $42 million settlement on behalf of the receiver of an insolvent subprime construction finance company on claims of fraudulent transfer
breach of fiduciary duty.
The above representations were h
led by Mr. Krauss prior to his joining Greenberg Traurig, LLP.
Government Experience: Assistant United States Attorney, United States Attorney's Office for the Southern District of New York, 1999-2003
Represent financial institutions in DOJ, SEC,
related government investigations
enforcement actions.
