Thomas B. Kinzler
  Partner, New York
   
     
  Practice Area:
Litigation
 
     
 
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Phone: (212) 808-7775 Fax: (212) 808-7897
Email: tkinzler@kelleydrye.com
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Mr. Kinzler's practice focuses on assisting clients in securities litigations, arbitrations and commercial disputes. Although Mr. Kinzler represents clients in a range of industries, his knowledge of and experience working with financial services clients enables him to provide hands-on advice reflecting the industry's current legal issues.

Mr. Kinzler represents clients in jurisdictions throughout the United States and has handled numerous jury and non-jury trials, and has been involved in more than 30 arbitration proceedings before the American Arbitration Association in New York City, as well as proceedings before the New York Stock Exchange, NASD and the American Stock Exchange.
 
Representative Experience:
Currently represents BP Amoco in a dispute involving the operation of a co-generation steam plant.

Currently representing Wells Fargo against claims arising out of the failure of subprime lender American Business Financial Services.

Currently represents Shinhan Bank against claims arising out of the failure of L&H, Belgium, N.V.

Trial counsel to JPMorgan Chase in an action to recover more than $1 billion from eleven insurance companies who issued surety bonds in connection with a series of Enron transactions. The matter was favorably settled after a 1 month trial.

Represented Shinhan Bank against securities fraud, common law fraud and RICO claims in two separate lawsuits arising out of the sale of Dragon Systems and Dictaphone to Learnout & Hauspie.

Represented JPMorgan Chase against claims of breach of fiduciary duty and breach of contract arising out of the failure of Global Crossing.

Represented Deutsche Telekom, Inc. in connection with several disputes relating to the construction of collocation space in New York and the purchase of dark fiber and bandwidth in the Northeast corridor.

Represented BBC Ltd., a U.S. licensee, against patent infringement involving a children's sneaker light module. We were retained after client had lost at trial and had been found to have violated the court's order enjoining further infringement. We were able to successfully defend client against new claims of infringement and obtain summary judgment. The decision was upheld on appeal.

Represented Hyundai Securities in securities fraud claims against a major U.S. banking institution.

Represented Lucent Technologies in connection with various disputes involving the sale of pools of leasehold assets.

Represented PaineWebber in connection with various security law claims, SEC investigations and Stock Exchange representations.

Represented Travelers in connection with the disputes arising out of the sale of home mortgage asset pools to G.E. Capital.

Defended Travelers against claims of fraud, breach of fiduciary duty, material misrepresentations and breach of contract arising out of statements made in the offering memoranda for a series of real estate limited partnerships.

Involved in the Firm's representation of the Examiner in the Revco, D.S., Inc. chapter 11 bankruptcy proceedings, which resulted in the seminal report regarding fraudulent conveyance claims in connection with public company mergers.

Successfully represented Communications Diversified ("CD") in a lawsuit involving GM's credit card program. The claims centered on CD’s development of the program and GM's refusal to honor its obligations to jointly develop and run the program. Complex contractual issues as well as damage issues, including the calculation of damages for a new venture, are involved. The $35 million-plus jury verdict was affirmed on appeal.

Represented Unistrut (an LBO of a GTE division) in a dispute involving the effect of certain representations and warranties in the asset purchase agreement.

Successfully defended CIGNA against $200 million in claims stemming from a dispute over title to 633 Third Avenue, a 40-story office building in New York.

Involved in the Agent Orange and the Beverly Hills Fire litigations, both complex claims of product defect.
 
Bar Admission:
New York, 1976
 
Education:
Boston University School of Law, JD, 1975
Columbia University, BA, 1971
 
Office Location:
101 Park Avenue
New York, NY 10178-0002