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Todd A. Higgins co-founder of Crosby & Higgins LLP, has an extensive corporate background and possesses significant complex litigation experience in state and federal courts, as well as in arbitration proceedings. Mr. Higgins focuses his legal practice on commercial disputes and complex civil litigation, and has built a track record by seeking out “difficult to win” cases where smart, creative, and aggressive advocacy can make all the difference in the outcome for the client. Mr. Higgins and the law firm frequently share the risks and rewards in these challenging cases through partial or blended contingency fee arrangements.
Recent Litigation Experience
Since co-founding Crosby & Higgins LLP in 2004, Mr. Higgins has tackled the firm’s most difficult legal matters. Mr. Higgins has successfully counseled individuals and businesses in a variety of commercial disputes, including prosecuting a number of cases all the way to trial and judgment in state and federal court, recovering millions of dollars for the firm’s clients. Selected representations include:
Securing a $1.5 million dollar federal jury verdict after a two-week trial on fraud and quantum meruit claims brought in the Southern District of New York in an M&A finders’ fee case arising out of an approximately $380 million dollar acquisition of a restaurant chain located in Europe.
Obtaining multi-million dollar judgment after bench trial in the commercial division of New York State Supreme Court in an action to pierce the corporate veil and recover damages from corporate defendant individually for a breach of contract claim arising out of the sale of 44 New York condominium units.
Successfully prosecuting claims in the commercial division of New York State Supreme Court against a venture capital firm and major investment bank shareholder in which the client alleged that defendants’ approximately 40% equity holding in client, acquired several years earlier in exchange for approximately $5 million in venture capital, was improperly and fraudulently transferred to an unaffiliated entity in violation of transfer and first refusal rights set forth in client’s stockholder agreement. After highly contested motion practice, the case was resolved with client recovering all of its shares held by the defendants.
Effectively litigating numerous infringement and breach of contract claims in the federal district court for the Southern District of New York by seeking preliminary injunctive relief ordering specific performance of an exclusive distribution agreement for a website portal company and content provider, pending out of state arbitration of the underlying claims. After complex motion practice and oral argument in contemplation of the grant of the injunction being sought, the underlying dispute was successfully settled on behalf of the client.
Securing substantial settlement on behalf of marketing company in multi-million dollar international arbitration dispute against well-known global corporation arising out of claims for fraudulent inducement, breach of contract and punitive damages, among other claims. After highly contested discovery and motion practice, the case was successfully resolved on the eve of the first day of hearings before the arbitrator.
Successfully negotiating a settlement in an employment dispute against a major clothing manufacturer in New York City, resulting from the employee's claims based on violations of the Fair Labor Standards Act, New York Labor Law, Title VII of the Civil Rights Act of 1964, New York Human Rights Law, and breach of an employment contract arising out of alleged religious discrimination in the workplace.
Assisting the plaintiff’s litigation team in a major high profile antitrust action brought in federal district court for the Southern District of New York by a professional football team against a large media and entertainment company alleging antitrust violations in connection with the construction of a new football stadium in New York City. After the district court denied the defendants’ motion to dismiss the complaint, the parties in a negotiated settlement successfully resolved the dispute.
Successfully resolving employment dispute and recovering attorneys' fees in confidential settlement on behalf of financial planner against major life insurance corporation arising out of defamatory regulatory filings, breach of contract, and potential sexual harassment and hostile work environment claims under Title VII.
Successfully resolving a $100 million dollar lawsuit against Lord & Taylor and The May Department Stores Company on behalf of Nicole Miller Men based on the breach of an alleged exclusive distribution agreement between the parties.
Additional Legal and Corporate Experience
Prior to Crosby & Higgins LLP, Mr. Higgins worked in Washington, D.C. and in New York City with the law firm of Gibson, Dunn & Crutcher LLP. At Gibson Dunn, Mr. Higgins gained valuable experience with commercial disputes, alleged securities and antitrust violations, and other complex litigation. As a member of the appellate group, Mr. Higgins also spent significant time working on appellate matters, including a number of cases pending before various federal courts of appeal as well as the United States Supreme Court. Subsequently, Mr. Higgins practiced law in Connecticut where he focused on business litigation, as well as ERISA, securities, consumer, and antitrust class action cases, including class action claims involving AT&T, AOL Time Warner, Electronic Data Systems, Sprint, Nortel Networks, American Energy and Power and Reliant Energy
Prior to practicing law Mr. Higgins worked for a number of years in business management and later joined the financial services field as an investment advisor and Vice President with the Chase Manhattan Bank. During this time, Mr. Higgins managed a portfolio of individual and business clients, providing sophisticated financial advice on investment management, business financing, insurance, and estate planning. More recently, Mr. Higgins served as the general counsel and Chief Operating Officer for CoKinetic Systems Corporation, a New York based leading provider of embedded software with offices located in New York and in Bangalore India.
Professional Education and Teaching Experience
Mr. Higgins entered into the study of law in 1998 and is a graduate of the Fordham University School of Law where he was awarded the Fordham Law Prize (first in class) and was elected to the Order of the Coif for high attainment in the study of law. Mr. Higgins was also a member of the Fordham Law Review, was the co-author of a revised annual treatise on the antitrust law of vertical restraints, and was a research editor for a casebook on First Amendment rights. Deeply interested in politics and the field of constitutional law, Mr. Higgins serves as an adjunct professor of political science for the University of Connecticut where he has taught courses in constitutional law since 2005.
Family and Community
Mr. Higgins is a resident of Stamford, Connecticut, where he is the proud father of four small children. Mr. Higgins is admitted to practice law in the state and federal courts of New York and Connecticut. He is also a member of the New York State Bar Association and the Connecticut Bar Association. Mr. Higgins strives to be an active member of the community and has served as a volunteer attorney with Lawyers for Children America, a non-profit organization that provides guardian ad litem services for abused and neglected children in crisis situations.
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