Seth Kruglak

Seth M. Kruglak Partner

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Seth has spent two decades representing corporate clients and individuals in high-stakes disputes and complex investigations.

Seth has obtained favorable jury verdicts and brought investigations and matters to successful resolution for a wide range of clients, including major corporations, financial institutions, insurers, utilities, private equity funds, individuals and other clients. He also represents clients in international and domestic arbitrations, government enforcement actions, and litigation brought by and against governments. In addition, Seth advises companies on the impact of securities and other regulations in connection with environmental, social and governance (ESG) matters.

Seth’s extensive experience encompasses a broad spectrum of legal matters in the commercial, financial, energy and other sectors, including complex commercial and corporate disputes, financial services, securities, class actions, post-acquisition disputes, insurance, oil and gas, real estate, RICO, antitrust, intellectual property, international arbitration and litigation, white collar/investigations, regulatory, project finance, products liability, commodities, art law, civil rights, and national security issues.

Prior to McGuireWoods, Seth served as a partner in the New York office of an international law firm where he represented domestic and international clients in major disputes and government actions. He clerked for the Honorable Stanley Marcus of the United States Court of Appeals for the Eleventh Circuit and served as a senior editor of the Columbia Law Review.

Experience

Financial Institutions, Securities and Insurance Matters

  • Tried litigation brought by insurer against third party claims administrator to jury verdict in the Southern District of New York, obtaining multi-million dollar judgment for tort and contract claims and an award of punitive damages from the jury. Litigated related insurance claims-related matter until resolution on eve of trial.
  • Defended major bank in connection with inquiry and hearing by the United States Senate Permanent Subcommittee on Investigations regarding the activities of bank holding companies in connection with physical commodities.
  • Defended large issuer in enforcement action brought by the SEC in the Southern District of New York alleging violations of Regulation FD.
  • Defended major reinsurer in confidential arbitration concerning coverage arising from alleged defective products under product liability insurance policy.
  • Advised global financial institutions in connection with US securities laws arising from ESG and climate change matters.
  • Represented putative class of holders of structured finance securities in a Southern District of New York litigation alleging corporate restructuring by bond insurer constituted a US$5+ billion fraudulent conveyance and breached the implied covenant of good faith and fair dealing.
  • Defended certain officers of major financial institution in securities fraud suit in the Southern District of New York arising from exposure to real estate, mortgage-backed securities and mortgages.
  • Defended major banking institutions and lenders in breach of contract and fraud litigations brought in New York by monoline financial guaranty insurers in connection with securitizing residential mortgage loans.
  • Defended insurance companies against claims of aiding and abetting breaches of fiduciary duty and waste in high profile dispute in Delaware Chancery Court.
  • Represented private equity fund in connection with litigation arising out of foreclosure of interests in wind farm project in California.
  • Represented “winning investor” in alleged Ponzi scheme in connection with the SEC and CFTC’s opposition to the investor’s settlement of potential clawback litigation in the Southern District of New York.
  • Represented private equity funds seeking relief against former members and defaulting limited partners.
  • Represented banks in connection with consumer finance litigation.
  • Conducted fairness hearing argument to approve settlement of securities fraud litigation.

Energy Matters

  • Represented royaltyholder in successful international arbitration and rehearing against major oil and gas producers to recover substantial overriding royalty payments on oil and gas produced offshore Victoria, Australia.
  • Defended former CEO of major energy company in connection with highest profile criminal Sherman Act investigation and indictment brought by the Department of Justice against an individual in decades.
  • Represented Canadian utility in breach of long-term fuel supply agreement dispute with Venezuelan national oil company before the Southern District of New York and Second Circuit Court of Appeals.
  • Defended anchor line manufacturer in US$100+ million suit in the Southern District of Texas alleging defective anchor lines caused oil drilling rigs in the Gulf of Mexico to break free during Hurricane Ike.
  • Represented wind and solar project companies for facilities in California in suits brought against the federal government in the Court of Federal Claims seeking recovery of shortfalls in cash grant payments paid by the Department of the Treasury under Section 1603 of the American Recovery and Reinvestment Act of 2009.
  • Advised international infrastructure and energy company on US$1billion purchase of energy generation assets in Louisiana and Texas.
  • Advised corporations and banks in connection with project finance transactions and regulatory matters.

Additional Complex Disputes and Investigations

  • Defended Ivy League university in suit seeking return of an endowment and other spending by the university exceeding US$950 million.
  • Pursued federal RICO and antitrust matter arising from alleged bribery in connection with television broadcasting of prestigious South American soccer tournaments.
  • Represented off-shore investor in connection with real estate dispute arising from impact of Covid-19 on multi-purpose sports arena in New York.
  • Represented foreign parties seeking recognition and enforcement of nearly $40 million in Singapore international arbitration awards in proceedings commenced in the Southern District of New York, as well as domestic parties seeking confirmation of domestic arbitration awards.
  • Represented clients in connection with Department of Justice investigations involving the False Claims Act, the Financial Institutions Reform, Recovery, and Enforcement Act, the Foreign Corrupt Practices Act, tax law, and related civil litigations.
  • Represented clients in enforcement action brought by the New York State Attorney General.
  • Conducted internal investigations in response to criminal and civil government investigations.
  • Represented parties in dispute regarding the purchase, sale, and disposition of high-valued artwork.
  • Defended individual subject to civil health care fraud judgment in California in connection with post-trial motions for relief.
  • Defended corporations alleged to have violated the Fair Labor Standards Act.