Chael Clark
Partner
Overview
Chael J. Clark is a litigation attorney in Holland & Knight's New York office, where his practice focuses on claims, controversies and trial litigation involving high-stakes matters related to mergers and acquisitions (M&A) disputes. In connection with his M&A disputes practice, Mr. Clark represents purchasers (private equity and strategic investors), sellers, representations and warranties insurance (RWI) underwriters and other transaction participants in M&A disputes that impact domestic and international transactions involving small, middle-market and large businesses. His experience includes post-transaction negotiations, purchase price adjustments, working capital issues, indemnification disputes, RWI claims investigation and litigation or arbitration of these issues.
Mr. Clark's practice also involves a wide range of complex commercial litigation and investigation matters. He has represented corporations and individuals in an array of disputes, including those related to antitrust, market manipulation, securities fraud, insider trading, business torts, corporate governance, shareholder rights and other contract and business disputes. Mr. Clark has also represented financial institutions in connection with internal, regulatory and criminal investigations and proceedings.
Representative Experience
- Represent representations and warranties insurance (RWI) carriers in claims adjustment process under RWI policies addressing alleged RWI breaches across multiple sectors and fact patterns
- Defend RWI carriers in litigation, arbitration and mediation where disputes over alleged RWI breaches arise
- Represent financial and strategic investors in indemnification claims arising under fraud theories or RWI breaches in multiple jurisdictions and forums
- Represent financial and strategic investors in purchase price adjustment and working capital disputes
- Represent companies in multiple post-closing controversies involving accounting irregularities and financial valuation methodologies, among others
- Advise on enforcement of non-compete, non-solicit, and confidentiality agreements and rights on behalf of multiple clients
- Represented a private equity purchaser of a telecom project management firm in post-acquisition corporate governance disputes, and in subsequent litigations involving allegations of fraud and breach of contract
- Represented an international banking group in a class action lawsuit regarding alleged manipulation of foreign exchange rates
- Represented a brokerage company and its president in litigation alleging a violation of SEC Rule 10b-5 in connection with transfer of common stock and warrant purchased in private placement
- Represented director of a New York not-for-profit corporation in successful defense of judicial dissolution proceedings
- Represented homeowners in litigation asserting design and construction defect claims
- Represented a New York distribution company in arbitration alleging violation of a noncompetition agreement and breach of fiduciary duty
- Represented a foreign corporation and individual in litigation seeking vacatur of a multimillion default judgment
- Represented a multinational financial advisor in employment arbitration against the former CEO of its U.S. subsidiary
- Represented a digital marketplace company in litigation defending claims for breach of contract and consumer fraud
- Represented a hedge fund portfolio manager in the successful defense of a U.S. Securities and Exchange Commission (SEC) investigation alleging insider trading
- Represented an international banking group in connection with investigations by the U.S. Department of Justice, Commodity Futures Trading Commission, Federal Reserve Bank of New York, and New York State Department of Financial Services into alleged manipulation of foreign exchange rates
- Represented an international ground handling service provider in connection with an investigation by the New York Attorney General into bribery and corruption
Credentials
- Fordham University School of Law, J.D.
- New York University, B.A., Economics
- New York
- U.S. District Court for the Southern District of New York
- U.S. District Court for the Eastern District of New York
- Rising Star, New York Metro Super Lawyers magazine, Business Litigation, 2022-2024
- The Best Lawyers in America guide, Commercial Litigation Ones to Watch, 2022