Chris Fenlon

Recent representative matters include:

Litigation, Arbitration & Appeals

Complex Commercial Disputes

• Represented the former CEO of a publicly traded renewable energy company in federal court in the largest reported Sarbanes-Oxley whistleblower retaliation claim.
• Successfully represented a real estate development company in efforts to place an Albany commercial lender into permanent receivership and recover a multi-million dollar line of credit deposit.
• Representing a major biomedical company in a breach of contract dispute arising out of the development of a cutting-edge medical device in federal court.
• Represented a beverage distributor in connection with the wrongful termination of its franchise with a multi-national beverage producer.
• Represented a large general contractor in connection with a dispute over the terms of a buyout of the owners of a subsidiary.
• Represented a national food manufacturer in a non-compete dispute with a former subsidiary.
• Frequent representation of businesses and individuals in post- asset and stock purchase disputes, business divorces, and breach of contract/business tort actions.

White Collar & Government Enforcement

• Defended a New York State public benefit corporation against False Claims Act allegations arising out of the employment of Governor’s office staff by the public benefit corporation, resulting in a favorable settlement payment and no suspension or debarment action by the federal agency.
• Successful representations of health care agency executives in defense of False Claims Act claims resulting in dismissal of civil claims and federal prosecutors declining prosecution in one matter, and beneficial settlement terms with civil prosecutors in others.
• Negotiation of favorable plea and settlement agreements with federal and state prosecutors in False Claims Act, mail fraud, and illegal structuring cases.
• Conducted an extensive internal investigation for a university-affiliated research foundation arising out of whistleblower allegations of mismanagement and harassment.
• Frequently advises doctors, attorneys, and other professionals regarding civil and criminal exposure to government investigations, claims, and prosecutions.
• Represents both relators and defendants in civil and criminal False Claims Act matters, and whistleblowers.

Construction Litigation

• Argued before the Federal Court of Claims and won summary judgment on behalf of a government contractor to convert a wrongful termination for default to termination for convenience, and successfully negotiated a $15 million termination payment to the contractor.
• Won at arbitration on behalf of a government contractor in defense of claims of fraud and breach of contract arising out of the installation of energy savings performance measures at a wastewater treatment plant, including recovery of attorneys’ fees.
• Won confirmation in federal district court and court of appeals of a $10 million arbitration award on behalf of a heavy and highway contractor in a dispute with a steel supplier.
• Routinely advises and represents owners, developers, general contractors, project managers, and government entities in construction, insurance, leasing and other contract disputes.

Energy

• Representing the developer and operator of a natural gas-fired cogeneration plant in a breach of contract dispute with the plant’s customer.
• Won confirmation of an arbitration award in favor of a wind energy project developer in dispute over allocation of project costs with a predecessor developer.
• Frequently represents energy savings performance contractors in disputes with owners.

Labor & Employment

• Representing individuals in disputes over non-competition and non-solicitation agreements with former employers in the financial services and construction industries.
• Successfully represented government contractor against prevailing wage class action resulting in favorable settlement.
• Successfully defended individual against unfounded claims of workplace harassment.
• Negotiated voluntary dismissal of former member of Governor’s executive staff from public employee union’s First and Fifth Amendment claims.
• Represents companies in disputes with former employees and competitors over theft of trade secrets and enforcement of restrictive covenants.

Insurance Coverage

• Successfully represented contractor in insurance coverage dispute with CGL and excess carriers, broker, surety, and owner resulting in favorable settlement.
• Argued and won summary judgment in the District of Connecticut in an insurance coverage dispute on behalf of a government construction contractor.
• Compelled CGL carrier to provide defense and indemnity to general contractor in a declaratory judgment action when carrier voluntarily agreed to provide defense following filing of summary judgment motion.
• Regularly advises and represents general contractors in insurance coverage disputes and declaratory judgment actions.

Bankruptcy/Creditors’ Rights & Workout

• Negotiated favorable settlement on behalf of non-profit who received donations from an insolvent debtor against fraudulent transfer claims brought by bankruptcy trustee.
• Regularly advises and represents clients with claims against bankruptcy estates.
• Defended bank client against fraudulent transfer claims brought by bankruptcy trustee.

Business Aviation

• Advises and represents private aviation carriers in debt collections, vendor disputes, government investigations, and breach of contract matters.
• Won $15 million judgment against former client of private aviation carrier for breach of contract.
• Successfully represented private aviation broker in theft of trade secrets and breach of restrictive covenant cases against former employees and competitor.

Health Care

• Frequently represents a hospital in New York Office of Mental Health, Justice Center for the Protection of People With Special Needs and other government investigations.
• Represented an ambulatory surgery center in a dispute with a member and others over the member’s breach of the center’s operating agreement.
• Successfully defended a medical practice against claims exceeding $10 million in an arbitration regarding the expulsion of one of its former members, resulting in a de minimis award against the practice.
• Represented a medical practice against its former medical malpractice carrier in claims for misrepresentation and breach of fiduciary duty.
• Successfully defended a doctor-member of a medical practice against claims for fraud and a breach of fiduciary duty.

Antitrust

• Representing a hospital on behalf of a plaintiff class in an antitrust class action alleging illegal tying in the medical device market.
• Defended a leading arts foundation in a lawsuit alleging collusion and monopolization in the market for the art works of a modern 20th century visual artist, resulting in dismissal of all claims.
• Represented a group of opt-out plaintiffs in In re TFT-LCD Antitrust litigation seeking damages for overcharges on purchases of flat panel displays from a worldwide price-fixing cartel, resulting in substantial settlements.

Banking & Financial Services

• Successfully defended a credit union in fraud and breach of contract claims arising out of construction loans.
• Represents a placement agent in fee disputes with clients.
• Defended a bank against fraudulent transfer claims arising out of repayment of a loan by an allegedly insolvent borrower.
• Represented a financial advisor in claims against a bank client for the bank’s breach of right of first refusal.
• Successfully represented an equipment manufacturer in dispute with insolvent customer for failure to pay, winning payment on several disputed letters of credit and negotiating beneficial resolution of bankruptcy claims.

Environmental

• Representing a subsidiary of an international conglomerate in groundwater contamination class action and individual personal injury claims.
• Representing a real estate developer in groundwater contamination claims by local water districts and individuals.
• Representing global manufacturer in PFAS turnout gear litigation.
• Successfully represented an energy savings performance contractor in an arbitration arising out of the installation of wastewater treatment upgrades.

Miscellaneous

• Successfully negotiated on behalf of a county comptroller for access to time and attendance audit documents in a dispute with county officials.
• Represented an attorney in a disciplinary action arising out of alleged breach of ethics.
• Won motion to dismiss for an attorney in a legal malpractice action in federal court.
• Advised a law firm regarding conflict of interest and ethics issues.

Work Experience

• Hinckley Allen
  • Partner (2018-Present)
  • Associate (2014-2017)
• Hon. Mae A. D'Agostino, United States District Court, Northern District of New York
  • Law Clerk (2013-2014)
• Boies, Schiller & Flexner LLP
  • Associate (2009-2013)
• Hon. Robert M. Levy, Magistrate Judge, United States District Court, Eastern District of New York
  • Judicial Intern (2007)

Honors & Awards

• Best Lawyers in America® (2026)
  • Commercial Litigation
  • Criminal Defense: White-Collar
• Super Lawyers, Upstate New York, Rising Star (2016-2020)

Professional Affiliations

• Albany County Bar Association
• American Bar Association
• New York State Bar Association
• Northern District of New York Federal Court Bar Association
  • Membership Committee and Public Relations, Co-Chair
  • Member

Bar Memberships

• New York
• United States Court of Appeals for the Second Circuit
• United States Court of Appeals for the Federal Circuit
• United States District Court for the Eastern District of New York
• United States District Court for the Northern District of New York
• United States District Court for the Southern District of New York
• United States District Court for the Western District of New York
• United States Bankruptcy Court for the Eastern District of New York
• United States Bankruptcy Court for the Southern District of New York