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Fenlon_Chris

Chris Fenlon

Partner Albany

Chris Fenlon is a Partner in Hinckley Allen’s Litigation Group. His practice focuses on complex commercial and construction litigation, and white collar and government enforcement. Chris’s expertise, professionalism, and skills have earned him a stellar reputation as a legal champion for companies and individuals facing high-stakes legal battles. Chris is known for his unwavering commitment to protecting his clients’ interests. He has a track record of obtaining successful outcomes for clients in federal court, New York state court, and arbitration, including appeals.

In addition to his broad experience in business disputes, Chris has specialized expertise in construction law and has won landmark cases in the industry. He argued before the Federal Court of Claims in a case against the USDA, successfully converted the USDA’s Termination of Default into a more favorable Termination for Convenience, and recovered the full amount of damages sought by the client.

Chris was part of a team that won confirmation of a $10 million arbitration award in the Southern District of New York and the Second Circuit Court of Appeals on behalf of a heavy and highway contractor.

Chris is an effective white collar and government enforcement advocate. While representing a New York State public benefit corporation under investigation for federal False Claims Act (FCA) violations, he negotiated a favorable resolution for the client that was a fraction of the total exposure. Chris also successfully represented a healthcare executive resulting in dismissal of civil FCA claims and federal prosecutors declining prosecution.

Throughout his career, Chris has showcased his versatility and adaptability, handling cases across a broad array of industries, including banking and finance, construction, health care, real estate, and business aviation. Chris is known for his high-quality oral and written advocacy, and proficiency in federal procedure. Chris regularly advises and counsels clients in non-compete, labor and employment, government investigation, and insurance coverage matters.

Chris is a member of the United States Court of Appeals for the Federal Circuit, the United States Court of Appeals for the Second Circuit, the United States District Court for the Eastern District, Northern District, Southern District, and Western District of New York, the United States Bankruptcy Court for the Eastern District of New York, the United States Bankruptcy Court for the Southern District of New York, and the Bar of New York. He has been named a Super Lawyer, and Rising Star in Upstate New York, and is a member of the Northern District of New York Federal Court Bar Association, the New York State Bar Association, The American Bar Association, and the Albany County Bar Association. Chris is a former law clerk to the Hon. Mae A. D’Agostino, United States District Court, Northern District of New York.

Experience

Recent representative matters include:

Litigation, Arbitration & Appeals

Complex Commercial Disputes

  • 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 the former CEO of a publicly-traded renewable energy company in federal court in the largest reported Sarbanes-Oxley whistleblower retaliation claim.
  • 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.
  • Representing a large general contractor in connection with a dispute over the terms of a buyout of the owners of a subsidiary.
  • Representing 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 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

  • 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.
  • Representing 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 an energy savings performance contractor in an arbitration arising out of the installation of wastewater treatment upgrades.

Miscellaneous

  • Represented the New York State Governor’s Office in response to a subpoena.
  • 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.
  • 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.

Credentials

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

  • 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

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

Newsroom

Publication

September New York Labor Law Updates

New York State has implemented several changes to the State’s labor laws recently. Much of the new legislation is already in effect, with more becoming effective in the upcoming months. The changes highlight Governor Kathy Hochul’s administration’s f…

Publication

Digital Accessibility Lawsuits on the Rise and the DOJ is Taking Action

There is no question that in today’s world, businesses rely on websites and mobile applications (“apps”) to reach consumers. Over the past several years, the number of accessibility lawsuits being brought against businesses with consumer-facing websi…

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Firm News

Hinckley Allen Successfully Forces Albany Lending Company into Permanent Receivership

Hinckley Allen represents Compass-Charlotte 1031, LLC (“Compass-Charlotte”), in a federal dispute in the Northern District of New York against Prime Capital Ventures LLP (“Prime”), Berone Capital Fund LP (“Berone Capital”) and other related Def…

Firm News

29 Hinckley Allen Attorneys Recognized as 2020 Super Lawyers and Rising Stars

Hinckley Allen is pleased to announce that Super Lawyers has selected 29 Hinckley Allen attorneys as Super Lawyers and Rising Stars. Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to re…

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Case Study

Hinckley Allen Secures Federal Court Victory for Client Wrongfully Terminated from Energy Contract

Hinckley Allen obtained a successful summary judgment ruling for Schneider Electric Buildings Americas, Inc.Our attorneys were involved even before the termination, when the USDA began sending show cause notices to Schneider.  Relying on the terms of the …