Tom Kinzler is a partner in the firm’s New York office. He focuses his practice on complex commercial litigation, securities law and arbitration matters. Tom has also led the litigation team on complex patent matters in conjunction with Kelley Drye’s Intellectual Property group.
While Tom represents clients in a range of industries, his particular knowledge of and experience working with financial services clients enables him to provide hands-on advice reflecting the industry’s current legal issues.
Tom represents clients in jurisdictions throughout the United States. He has handled numerous jury and non-jury trials, and has been involved in more than 30 arbitration proceedings before the American Arbitration Association (AAA) in New York City, as well as proceedings before the Financial Industry Regulatory Authority (FINRA) and the International Chamber of Commerce (ICC).
Commercial Litigation
Representing US, Belgian and French manufacturers against claims brought by the Government of Iraq arising out of the “oil for food” program.
Representing Dragados, U.S.A., in claims arising out of its purchase of a U.S. construction company.
Represented a U.S. developer of New Songdo City, Incheon Korea, in a dispute over a co-development agreement.
Represented Shinhan Bank against claims arising out of the failure of L&H, Belgium, N.V.
Represented JPMorgan Chase against claims of breach of fiduciary duty and breach of contract arising out of the failure of a major telecommunication company.
Represented a Korean financial institution in securities fraud claims against a major U.S. banking institution.
Represented Travelers in connection with 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.
Represented Communications Diversified (CD) in a lawsuit against General Motors (GM) involving CD’s development of the GM credit card program and GM’s refusal to honor its obligations to jointly develop and run the program. The $35 million-plus jury verdict for our client 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.
Energy
Representing BP Oil in various lawsuits throughout the United States impacting the manner in which crude oil is traded in the United States.
Representing BP Amoco in a dispute involving the operation of a co-generation steam plant.
Served as trial counsel to JPMorgan Chase in an action to recover more than $1 billion from 11 insurance companies that issued surety bonds in connection with a series of Enron related natural gas trades.
Represented a developer of several co-generation plants.
Telecommunications
Representing a carrier and related companies in connection with the Illinois Attorney General regarding claims of violation of Illinois consumer fraud statutes.
Representing a prepaid phone card issuer in a California class action alleging claims of violation of California statutes.
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 Lucent Technologies in connection with various disputes involving the sale of pools of leasehold assets.
Creditors’ Rights
Represented the unsecured Creditors’ Committee in the RealMex bankruptcy in connection with disputes with service creditors.
Represented Wells Fargo against claims arising out of the failure of subprime lender American Business Financial Services.
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.
Broker Dealer/Financial Institutions/Securities
Represented Ryan Beck in numerous arbitrations ranging from customer disputes to raiding claims.
Represented PaineWebber in connection with various securities law claims, SEC investigations and stock exchange representations.
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 in connection with a dispute arising out of a CDO squared structure.
Intellectual Property/Patent Infringement
Representing XPRT Ventures LLC in a patent infringement matter against eBay, Pay-Pal and others in a dispute regarding e-commerce auction processes.
Represented BBC Ltd., a U.S. licensee, against patent infringement claims involving a children’s sneaker light module. Another law firm represented the client at trial, which resulted in the finding that the client had violated the court’s order enjoining further infringement. Defended the client against new claims of infringement and obtained summary judgment, which was upheld on appeal.
Construction
Represented a major U.S. construction company on various claims ranging from payment disputes to design defect.
Represented numerous New York area hospitals in connection with subcontractor disputes.
Real Estate
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.
Product Liability/Design Defect
Represented manufacturer of pressbrakes and other manufacturing equipment against claims of design and manufacturing defects.
Represented a major tire manufacturer against claims of manufacturing and design defects.
Involved in the Agent Orange and the Beverly Hills Fire litigations, both involving complex claims of product defect.
Pro Bono
Represented New York Lawyers for the Public Interest in obtaining a landmark decision against the New York Power Authority requiring it to do a full environmental impact review in connection with the site selection of power plants within New York City. This was the first case to recognize that 2.5 parts per million of fine particulate material presented a health hazard.