Michael S. Cryan

Partner

Michael focuses on complex commercial litigation, domestic and international arbitration, and bankruptcy litigation.

Michael Cryan Portrait

A partner of the firm, he is a member of the Health Care, Insurance, Intellectual Property, and Bankruptcy and Financial Restructuring practices.

Client Work

Complex Commercial Litigation
Michael’s representative complex commercial litigation cases include:

  • Won a decisive summary judgment victory in California Superior Court on behalf of a major oil and gas company in a complex commercial dispute against a Fortune 100 oil company and then successfully resolved remaining claims through mediation.
  • Obtained a judgment in the US District Court for the Southern District of New York in a commercial case on behalf of a major fashion, apparel, and specialty goods maker.
  • Secured a favorable settlement of an action before the US District Court for the Southern District of California in a commercial dispute on behalf of a consumer goods manufacturer against a former supplier.
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Privacy & Data Security

  • Developed privacy and cybersecurity program, including public-facing statements and notices, for investment fund.
  • Represented financial services company in matter adverse to credit bureau concerning credit bureau’s massive data breach.
  • Earned two separate certifications through the International Association of Privacy Professionals (IAPP) - the Certified Information Privacy Professional/United States (CIPP/US) credential, and the Certified Information Privacy Manager (CIPM) designation.
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Insurance and Reinsurance
Michael’s representative insurance and reinsurance cases include:

  • Secured the complete dismissal of an officer of a structured settlement company on personal jurisdiction grounds in an action before the California Superior Court.
  • Obtained contempt sanctions against an insurer for violations of a preliminary injunction in an action in the US District Court for the Southern District of Florida.
  • Won trial and appellate court victories on behalf of an insurance carrier on a fidelity claim litigated in New York Supreme Court and Appellate Division, First Department.
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Bankruptcy and Financial Restructuring
Michael’s representative bankruptcy and financial restructuring cases include:

  • Represented an indenture trustee in a bankruptcy case pending in the US Bankruptcy Court for the Central District of California.
  • Represented a creditor trustee in a bankruptcy case pending in the US Bankruptcy Court for the District of Delaware, including adversary proceedings involving claims of breach of fiduciary duty.
  • Represented a secured creditor – a company that owns health care facilities – in a bankruptcy case involving the lessee of nine skilled nursing facilities, in proceedings before the US Bankruptcy and District Courts for the District of Delaware.

Health Care
Michael’s representative health care cases include:

  • Secured a favorable settlement on behalf of a leading multinational health care provider in an action in the US District Court for the Southern District of New York against major insurance carriers concerning allegations of slow payment and improper coding of claims.
  • Represented a secured creditor – a company that owns health care facilities – in a bankruptcy case involving the lessee of nine skilled nursing facilities, in proceedings before the US Bankruptcy and District Courts for the District of Delaware.
  • Secured a judgment in New York Supreme Court for a leading health care provider in a commercial dispute concerning the development of a dialysis facility.

Intellectual Property
Michael’s representative intellectual property cases include:

  • Obtained injunctive relief including ongoing monitoring to prevent future infringement in a counterfeiting case brought in the US District Court for the Southern District of New York on behalf of a major luxury goods company.
  • Negotiated a favorable settlement of a case in the US District Court for the Central District of California involving alleged breaches of software license agreement and trademark and copyright infringement on behalf of a multinational software and services corporation against a former licensee.
  • Won a decisive trial court victory by defeating a preliminary injunction motion and then secured a favorable settlement in mediation of an action involving claims of false advertising, defamation and unfair competition between competitors in the structured settlement market in an action before the Circuit Court in Maryland.
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Domestic and International Arbitration, Litigation and Mediation
Many of the representations referenced above involved domestic or international arbitration and mediation. Some of these cases, and others, include:

  • Secured trial and appellate court victories on grounds of foreign sovereign immunity on behalf of a foreign head of state in a tort action before the US District Court for the Western District of Oklahoma and the US Court of Appeals for the Tenth Circuit.
  • Won an arbitration award issued by the Real Estate Board of New York on behalf of beverage industry client, a commercial tenant, in a proceeding filed by a real estate broker seeking a commission following the client’s lease transaction.
  • Represented a defense contractor in an international arbitration before the International Chamber of Commerce in a matter adverse to a foreign defense ministry.
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Previous Work

As an executive at major international public relations firms from 1984 to 1992, Michael counseled Fortune 500 corporations on marketing, investor relations, and public affairs.

Professional Activities

Michael is a member of the American Bar Association, the Association of the Bar of the City of New York, and the New York State Bar Association. He has served on the executive committee of the Commercial and Federal Litigation Section of the New York State Bar Association since 1997 and was secretary (1997-1998) and co-chair of the Antitrust Committee (1999-2001).

Publications, Presentations & Recognitions

Michael wrote Chapter 20: E-Discovery in Practising Law Institute’s Health Care Litigation and Risk Management Answer Book 2015.

Michael’s presentations include:

  • “Practice in Action: Business Litigation,” Fordham University School of Law; January 29, 2012
  • “Introduction to Commercial Litigation in the United States,” East China University of Political Science and Law, Shanghai, China; April 26, 2011
  • “Commercial Litigation in the United States: Export, Collection, Litigation and Enforcement of Judgments,” Sino-Foreign Economic & Trade Forum, Guangzhou, China; April 24, 2011
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