Marty Krolewski is special counsel in the firm’s New York office. His practice focuses on civil litigation, including complex commercial, business, bankruptcy, securities, employment, anti-trust and class action litigation. Marty has experience with managing and supervising all aspects of litigations in federal and state courts, including trials and trial preparation; conducting discovery and depositions; engaging in motion practice and appellate court practice; directing and participating in settlement negotiation and mediations; conducting internal investigations; and counseling and advising clients on various commercial and business-related matters.
United States Bobsled and Skeleton Federation, Board of Directors, Judicial Committee, member
Currently representing JPMorgan Chase Bank in lawsuit brought by the unsecured creditors’ committee in bankruptcy court in the Southern District of New York for the return of $1.4 billion in payments made by the estate of General Motors to the bank and other secured creditors of GM. Obtained dismissal of suit by bankruptcy court. Case currently on appeal before the Second Circuit.
Currently representing JPMorgan Chase Bank in multiple matters in the Lehman bankruptcy, including an adversary proceeding filed by the unsecured creditors’ committee seeking to recover billions of dollars on based on allegations that JPMorgan helped cause Lehman’s 2008 collapse by demanding billions of dollars in collateral prior to the bankruptcy.
Representing bankruptcy trustee for the Circuit City Stores in over 100 lawsuits against creditors that received preferential payments prior to bankruptcy. Have successfully resolved many of these lawsuits and recovered over $60 million for the bankrupt estate.
Representing bankruptcy trustee of Circuit City Stores in multiple multi-million dollar lawsuits brought by unsecured creditors of the Circuit City estate involving claims of personal injury, wrongful termination, defamation and age discrimination.
Successfully dismissed an adversary proceeding filed against JPMorgan Chase Bank in connection with the Lehman bankruptcy in the U.S. Bankruptcy Court for the Southern District of New York seeking to recover $41 million in transfers under constructive trust and conversion claims.
Prosecuted a misappropriation of trade secrets and breach of fiduciary duty action on behalf of a leading provider of media replication services in the Minnesota state court. After successfully petitioning for a temporary injunction and defeating summary judgment, obtained one of the largest judgments – more than $30 million - in a case involving the misappropriation of trade secrets in Minnesota State history in favor of our client.
Led an internal investigation and insurance recovery efforts in connection with employee theft for a leading provider of power generator maintenance services. Successfully recovered the maximum amount under the insurance policies for our client and negotiated a re-payment agreement and confession of judgment with the former employee.
Member of litigation team that represented Reader’s Digest in prosecuting claims of breach of non-compete agreement, breach of fiduciary duty, unfair competition, violations of the Lanham Act and related claims. A successful settlement for our client was reached just prior to trial.
Lead associate representing JPMorgan Chase in multiple adversary proceedings filed by Enron in the U.S. Bankruptcy Court for the Southern District of New York seeking to avoid and recover billions of dollars in transfers made in connection with structured finance transactions and Enron’s commercial paper repurchases. Participated in all phases of the adversary proceedings, including preparing and defending dozens of JPMorgan traders in their depositions. Drafted and delivered presentations to Enron and its counsel in connection with settlement negotiations and involved in finalizing favorable settlements on behalf of our client.
Member of a trial team in a billion dollar lawsuit commenced on behalf of a major banking and financial institution client against 11 insurance companies relating to surety bonds on commodities transactions with Enron. Conducted all aspects of litigation on accelerated schedule, including document review, depositions, motion practice, and trial. During the month-long trial, assisted trial counsel with preparation for – and second-chaired – direct and cross-examinations of witnesses. A favorable settlement for our client was reached during jury deliberations.
Represented a start-up, which developed an Internet-based securities trading platform in a business dispute with an affiliate of Global Crossing, Ltd. Participated in all phases of the AAA arbitration and related New York state court practice, and in negotiating and finalizing a favorable settlement for our client.