Chris’s practice is focused in the area of complex commercial litigation, government investigations and white collar defense, and construction litigation. He has broad experience in litigating commercial, employment, criminal, and construction matters in federal and state court, in arbitration proceedings, and at the appellate level. Chris provides thoughtful representation to a variety of clients, including public and private corporations, banks, hospitals, public agencies, construction firms, energy companies, financial services providers, law firms/attorneys, and individuals. Chris is a former law clerk to the Hon. Mae A. D’Agostino, United States District Court, Northern District of New York.
Recent representative matters include:
Litigation, Arbitration & Appeals
Complex Commercial Disputes
- Successfully represented co-founder of a multi-billion dollar global beverage corporation in a breach of contract action on summary judgment and appeal.
- Representing the former CEO of a publicly-traded renewable energy company in the largest Sarbanes-Oxley whistleblower retaliation claim.
- Won dismissal of breach of contract and fraud claims against a paper manufacturing company and its executives on motions to dismiss.
- Frequent representation of businesses and individuals in post- asset and stock purchase disputes, business divorces, and breach of contract/business tort actions.
Government Enforcement & White Collar Defense
- Successful representation of a health care executive in defense of False Claims Act and obstruction of justice claims resulting in dismissal of civil claims and federal prosecutors declining prosecution.
- Negotiation of favorable plea and settlement agreements with federal and state prosecutors in False Claims Act, mail fraud, and illegal structuring cases.
- Frequently advises doctors, attorneys, and other professionals regarding civil and criminal exposure to government investigations, claims, and prosecutions.
- Won confirmation in federal district court and court of appeals of a $10 million arbitration award on behalf of a general contractor in a dispute with a supplier.
- Won dismissal of breach of contract, breach of warranty, fraud and related claims on behalf of a New York condominium developer arising out of alleged construction defects.
- Routinely advises and represents owners, developers, general contractors, project managers, and government entities in construction, insurance, leasing and other contract disputes.
- 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.
- Represented the operator of a biomass-fueled cogeneration plant in a dispute with equipment vendor and engineer regarding operation of the plant.
Labor & Employment
- Successfully represented client against prevailing wage class action resulting in favorable settlement.
- Defending general contractor against FLSA unpaid overtime claims.
- 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.
- Successfully represented contractor in insurance coverage dispute with CGL and excess carriers, broker, surety, and owner resulting in favorable settlement.
- 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.
- Defending bank client against fraudulent transfer claims brought by bankruptcy trustee.
- Regularly 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.
- Representing owner of private aviation booking company against fraud and conversion claims brought by ex-wife of a former business partner.
- Representing 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.
- Representing 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.
- 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
- Defending a regional 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.
- Defended a non-profit against claims brought by a co-borrower on a loan arising out of co-borrower’s breach of loan covenants.
- 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.
- Advises and represents clients in trademark and patent disputes.
- Successfully negotiated on behalf of a county comptroller for access to time and attendance audit documents in a dispute with county officials.
- Won motion to dismiss for an attorney in a legal malpractice.
- Advised a law firm regarding conflict of interest and ethics issues.
- Successfully represented several students in university Title IX proceedings, winning dismissal of claims.
Corporate and Business Advice
- Provides advice regarding CFTC and NFA compliance.
Banking & Financial Institutions
- Regularly advises regional banks on compliance and litigation matters.
- Conducted an extensive internal investigation for a university-affiliated research foundation arising out of whistleblower allegations of mismanagement and harassment.
- 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)
- Albany County Bar Association
- American Bar Association
- New York State Bar Association
- Northern District of New York Federal Court Bar Association
- New York
- United States Court of Appeals, Second Circuit
- United States Court of Federal Appeals
- United States District Court, New York: Northern, Eastern, Western, and Southern Districts
- United States Bankruptcy Court, New York: Southern and Eastern Districts
News & Insight
In the COVID pandemic world, businesses are increasingly reliant on digital means of communicating with their customers. It is no surprise, then, that websites have taken center stage. With the greater emphasis on websites to conduct business, it is more i…
Sexual Misconduct Allegations: Prompt, Thorough and Coordinated Response and Prevention Strategies Are CriticalDecember 21, 2017
In today’s environment, following the almost daily allegations and revelations of sexual misconduct in media, government, academia, and the private sector, it is clear that no industry, and no company or organization, is immune from these incidents. Th…
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…
Hinckley Allen is pleased to announce that Super Lawyers has selected 33 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 rece…
The Super Lawyers has selected 38 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 receive this honor.Super Lawyers, a Thomson…
Hinckley Allen today announced that the following attorneys have been elevated to Partner: John L. Arnold, Christopher V. Fenlon, David S. Hirsch, Seth M. Pasakarnis, Nathan R. Sabourin, and Michael J. Tentindo. These attorneys assumed their new positions …
The Super Lawyers has selected 39 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 receive this honor.Super Lawyers, a Thomson…
Hinckley Allen Attorneys Christopher V. Fenlon and Nathan R. Sabourin Both Named a 2016 “Rising Star” by Super LawyersAugust 16, 2016
Christopher V. Fenlon and Nathan R. Sabourin have been named 2016 Rising Stars by Super Lawyers. Based on peer nominations and evaluations of attorneys in the Upstate New York and Metro areas, the Rising Star recognition places these Hinckley Allen associa…
Hinckley Allen is proud to welcome a new attorney to its Albany office. Christopher V. Fenlon has joined the firm as a member of the litigation practice group.Chris most recently worked as a Law Clerk for the Honorable Mae A. D’Agostino in the United Sta…