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James DeCristofaro joined Crosby & Higgins LLP in 2010. He received his law degree from Georgetown University Law Center in 2001, and has been practicing law in New York ever since. Mr. DeCristofaro represents large and small companies and individuals facing financial distress and insolvency situations, in challenging “bet the farm” commercial litigation, in complex financial transactions, in arbitration, and in the appeals process. He is focused on achieving superior results for clients, always mindful of the end game at every stage of the representation. Mr. DeCristofaro utilizes an efficient, creative, and practical approach in all of his matters, and knows when to be an aggressive advocate and when to be an effective negotiator during settlement and other deal-making discussions.
Mr. DeCristofaro has a global practice. His previous representations include multinational insurance and reinsurance companies, banks, commodities trading institutions, telecommunications companies, and semiconductor manufacturers, as well as domestic mortgage lenders, government agencies, automotive suppliers, entertainment companies, and REITs.
Recent Experience
Mr. DeCristofaro’s recent engagements include representing:
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Officers and directors in defending $75 million in fraud and other claims and prosecuting substantial counterclaims on their behalf in a heavily contested and complex arbitration initiated by private equity shareholders.
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A major insurance and reinsurance company in litigating complex, multi-million dollar setoff and other claims against an insolvent insurance and reinsurance company domesticated in New Hampshire.
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A California-based semiconductor manufacturer in connection with its Chapter 11 bankruptcy proceedings, which included an unprecedented bankruptcy auction of assets and contested evidentiary sale hearing, as well as the shut down and related insolvency proceedings of the company’s offices in China, Shanghai, Taiwan, France, Germany and the Cayman Islands.
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Two major Icelandic banks in connection with their Chapter 15 recognition proceedings in the U.S., which included working with non-U.S. counsel in formulating asset protection strategies.
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The fourth largest debtor to file a Chapter 11 bankruptcy case in 2007 (a subprime mortgage lender with offices in approximately 15 states) in connection with pre-filing matters, post-filing management of the case, and ultimate liquidation, as well as defending related litigation commenced under the WARN Act and the FLSA.
Publications
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Managing Credit Bids when Secured Creditors Clash, BankruptcyLaw360 (November 12, 2009).
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Bankruptcy Setoff and Recoupment, in 26TH AND 27TH ANNUAL CURRENT DEVELOPMENTS IN BANKRUPTCY & REORGANIZATION (2005).
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Confirmation of Plans, in DEALING WITH SECURED CLAIMS & STRUCTURED FINANCIAL PRODUCTS IN BANKRUPTCY CASES (2004).
Family and Community
Mr. DeCristofaro resides in Manhattan and has a three-year-old daughter. He is admitted to practice law in the States of New York and Arizona, and is admitted to practice before the Supreme Court of the United States. Mr. DeCristofaro has served as a volunteer lawyer for Advocates for Children, an organization dedicated to helping disadvantaged children navigate through the New York City school system to get the education they are entitled to receive under state and federal law.
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