Overview

Chael J. Clark is a litigation attorney in Holland & Knight's New York office, where his practice focuses on claims and controversies related to representations and warranties insurance (RWI) matters. Mr. Clark represents RWI underwriters in disputes that impact domestic and international transactions in small, middle-market and large businesses. He has experience in all aspects of RWI claims investigation and litigation, and has assisted clients in resolving claims across a broad spectrum of industries, including manufacturing, retail, healthcare, intellectual property, construction and franchising.

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, mergers and acquisitions (M&A), 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 RWI underwriters in claims adjustment process addressing alleged breaches of representations and warranties contained in mergers and acquisitions (M&A) agreements across multiple sectors and fact patterns
  • Defend RWI underwriters in litigation, arbitration and mediation where disputes over alleged breaches of representations and warranties arise

  • 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

Education
  • Fordham University School of Law, J.D.
  • New York University, B.A., Economics
Bar Admissions/Licenses
  • New York
Court Admissions
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York
Honors & Awards
  • The Best Lawyers in America guide, Commercial Litigation Ones to Watch, 2022
  • Rising Star, New York Metro Super Lawyers magazine, Business Litigation, 2022