Marty Krolewski’s practice focuses on litigating complex commercial matters in state and federal courts throughout the United States for domestic and foreign business clients in industries including banking/financial services, energy, retail, and manufacturing, among many others. Over his nearly two decades of practice, Marty has been involved in cases ranging in value and complexity from several hundred thousand dollars to billions of dollars. His substantive areas of law include contract disputes, bankruptcy and restructuring, environmental, trade secrets, white collar, antitrust, legal malpractice, fraud, employment, class actions, securities, and other business-related claims. Marty is also experienced in all phases of e-Discovery and counsels clients on how to comply with their discovery obligations, how to minimize the risks associated with electronically stored information (“ESI”) and how to effectively, efficiently and defensibly navigate through this ever-changing legal and technological landscape. Further, Marty is responsible for the management of Kelley Drye’s internal e-Discovery resources and advises the firm’s litigation teams on best e-Discovery practices and strategy.
Known for being prepared, diligent, diplomatic, persuasive, and a consensus builder, Marty is a dedicated team player who is astute at spotting issues and using the details of a case to make an influential and successful argument. Marty delivers proven skill in managing and supervising all aspects of litigation. His experience includes trials and trial preparation; discovery, with a particular focus on the management of e-Discovery and ESI-related issues; engaging in motion and appellate court practice; directing and participating in settlement negotiations; arbitrations and mediations and conducting internal investigations. Marty also advises clients on various commercial and business related matters.
Marty is inherently focused on understanding his client’s business and the nature of the conflict, identifying potential areas of exposure, analyzing avenues for pretrial resolution, and formulating an aggressive strategy that has the best chance of succeeding both in and out of court. Regardless of the matter, Marty is committed to serving as an effective advocate who is able to achieve successful, efficient and cost-effective representation for his clients.
United States Bobsled and Skeleton Federation, Board of Directors, Judicial Committee, member
Currently representing numerous states and private sector clients in state and federal litigations pending throughout the country involving environmental contamination by a class of man-made chemicals known as perfluorinated compounds (PFAS), including perfluorooctane sulfonate (PFOS) and perfluorooctanoic acid (PFOA). This includes numerous litigations related to the use of firefighting foams – aqueous film-forming foam (AFFF) – that contain PFAS compounds, which are pending in a multi-district litigation in the U.S. District Court for the District of South Carolina.
Represented JPMorgan Chase Bank in an adversary proceeding brought by the unsecured creditors’ committee in the U.S. Bankruptcy Court for 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 General Motors. A favorable settlement for the client was reached in mediation.
Successfully represented multiple foreign clients in district courts across the country to obtain cross-border discovery from U.S.-based persons and entities pursuant to 28 U.S.C. § 1782 for use in foreign proceedings.
Counsel and assist clients with drafting and effectively implementing document retention and destruction polices as well as implementing and managing litigation holds in anticipation of and during litigation.
Represented 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 based on allegations related to Lehman’s 2008 collapse, which was favorably settled, as well as an adversary proceeding seeking to recover $41 million in transfers under constructive trust and conversion claims, which was successfully dismissed.
Represented JPMorgan Chase Bank in multiple adversary proceedings filed in connection with the Enron bankruptcy 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. Managed all aspects of discovery in connection with these proceedings involving millions of documents.
Member of a trial team that represented JPMorgan Chase Bank in a lawsuit against eleven insurance companies relating to surety bonds on commodities transactions with Enron. Conducted all aspects of litigation on an accelerated schedule, and prepared for trial and second-chaired the direct and cross-examinations of witnesses during a month-long trial in the Southern District of New York. A favorable settlement for the client was reached during jury deliberations.
Represented the bankruptcy trustee for a national electronics retail chain in over 100 lawsuits brought against creditors that received preferential payments prior to bankruptcy. Successfully resolved these lawsuits and recovered over $60 million for the bankrupt estate.
Represented the bankruptcy trustee for a national electronics retail chain in multiple multimillion-dollar lawsuits brought by unsecured creditors of a national electronics retail chain estate involving claims of personal injury, wrongful termination, defamation and age discrimination. Favorable settlements for the client were reached in these lawsuits.
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 in favor of the client in Minnesota state history–more than $30 million–in a case involving the misappropriation of trade secrets.
Successfully represented a leading global energy and commodity trading company and its head trader in Russia in connection with a Department of Justice investigation with potential FCPA and criminal exposure.
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 repayment agreement and confession of judgment with the former employee.
Member of the litigation team that prosecuted the breach of a non-compete agreement, breach of fiduciary duty, unfair competition, violations of the Lanham Act and related claims. A successful settlement for the client was reached just prior to trial.
Represented a start-up that 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 the client.