Christopher M. Green
t: 914 749 8244
f: 914 749 8300
Areas of Practice
University of Virginia School of Law, J.D., 1996; Virginia Law Review
University of Kentucky, B.A., English, 1993
United States Courts of Appeals: Second, Fourth, and Ninth Circuits
United States District Courts: Southern, Eastern, and Northern Districts of New York
Chris Green’s main practice area is complex civil litigation. He has represented clients in state and federal trial and appellate courts and before arbitrators and regulators, in cases that involve many areas of substantive law.
Mr. Green has played a significant role in several trials and arbitrations. In the last three years, these have included two separate confidential 2-week arbitrations under AAA rules, a 4-week bench trial in California state court, and a false claims act case in federal court in Texas. Four of the major cases on which Mr. Green has worked are described below:
- In 2014, Mr. Green was a member of the BSF trial team that represented whistleblower Joshua Harman in a federal False Claims Act case in the Eastern District of Texas against Dallas-based Trinity Industries and Trinity Highway Products. The jury agreed with Mr. Harman, who questioned the safety of thousands of Trinity-manufactured guardrail end terminals on the nation’s roads, finding that Trinity had defrauded the federal government by making false statements about modifications to its guardrail end terminals and awarding the federal government and Mr. Harman $175 million in damages. Based on the jury’s verdict, the District Court entered judgment in June 2015 in favor of Mr. Harman and the US Government for $663 million plus attorneys’ fees, expenses and costs.
- In 2009-10, Mr. Green was a member of the BSF trial team that successfully represented Barclays Capital Inc. in adversary proceedings brought by the debtor and others in the Lehman Brothers bankruptcy and SIPA liquidation proceedings. These proceedings concerned a multi-billion dollar dispute over Barclays’ purchase of Lehman Brothers Inc. during the financial crisis of 2008.
- In 2008-09, Mr. Green was a member of the BSF trial team that successfully defended American Express in the fourteen-week bench trial of a nationwide consumer class action seeking over $500 million for alleged unfair business practices relating to travel insurance services for cardholders. The court entered judgment for American Express on all claims and ordered the class representatives to pay almost $400,000 in costs.
- In 2007, Mr. Green led a BSF team that tried breach of fiduciary duty, fraud and conversion claims in a case concerning the undisclosed sale of syndicate shares and breeding rights in leading thoroughbred stallions. After an eight-day trial in federal court in Las Vegas, the jury awarded the firm’s client $795,000 in compensatory damages and $1.6 million in punitive damages. When the trial judge held that the jury’s punitive damages award was “outrageous” and reduced it by almost half, Mr. Green argued two successive appeals to the Ninth Circuit, which twice reversed the trial court and ultimately instructed it to reinstate the jury’s original award.
Since joining the firm in 1999, Mr. Green has also worked on a variety of other matters:
- Representation of Pfizer in products liability litigation;
- Representation of the NFL in a labor dispute with the NFL Players Union;
- Representation of a hedge fund founder in litigation and regulatory investigations arising from multi-billion dollar investment losses by the fund;
- Litigation concerning the non-payment of a multi-million dollar finder’s fee earned in connection with the acquisition of a preeminent NFL franchise;
- Litigation arising out of the NFL’s refusal to approve the sale of another franchise;
- Defense of NASCAR in an antitrust challenge to its methods of allocating races;
- Antitrust litigation concerning anticompetitive practices in the movie theater business;
- Defense of Phillip Morris against claims that its wholesaler incentive program violated the antitrust laws;
- Securities fraud and breach of contract litigation involving hedge fund call option agreements; and
- Prosecution of a citizen’s suit seeking damages and declaratory relief under the Clean Air Act.
Mr. Green has also represented numerous clients on a pro bono basis:
- In one case, Mr. Green defended an aged widow in an eviction action brought by her former law firm. The law firm relied on a default judgment it had obtained against the widow for not paying a contingency fee in a matter in which it originally agreed to represent her pro bono. After Mr. Green and other firm lawyers successfully moved to vacate the default judgment and sought discovery of the other law firm’s pro bono files, the eviction action was dismissed and the case settled.
- Mr. Green represented the legal guardians of minor victims of sexual abuse in a civil suit against one of the perpetrators that resulted in a $1 million settlement for the victims – substantially all of the defendant’s assets.
- Mr. Green worked with other BSF lawyers on a number of cases brought on behalf of prisoners seeking to prove their innocence through post-conviction DNA testing. In one such case, the United States District Court for the District of New Hampshire found that “there is a federal constitutional right to post-conviction access to genetic material evidence for DNA testing purposes.” This holding rejected the conclusions of three U.S. Courts of Appeals which had each declined to find such a constitutional right.
From 1996 to 1999, Mr. Green was an associate in the law firm of Debevoise & Plimpton, where he helped defend a major insurance company in state and federal court against claims of improper sales practices, and helped defend a New York statute allocating natural resources against a constitutional challenge by Connecticut.
Before attending law school, Mr. Green spent more than fifteen years in the thoroughbred horse business as an owner, breeder and trainer. He has been a playing member of the United States Polo Association since 1979, currently serves on the USPA Rules and Rules Interpretation Committee, and is rated 1 goal in arena polo and A in outdoor polo.
Selected Professional Awards and Associations
2008 Thurgood Marshall Award for Capital Representation, presented by The Committee on Capital Punishment of the Association of the Bar of the City of New York, in recognition of the contribution of time and legal expertise in the representation of inmates under a sentence of death.
2006 Partner in Justice Award, presented by the Board of Directors of Legal Services of the Hudson Valley, for excellence in and commitment to the provision of pro bono legal services to indigent residents of New York’s Hudson Valley.
Martindale-Hubbell Peer Review Rated AVTM (Preeminent)
New York Metro Area Super Lawyer (2013-2015)
New York State Bar Association
New York City Bar Association
American College of Equine Attorneys
Dean’s National Strategy Council, University of Kentucky College of Arts & Sciences
Note, Justice Scalia and Ancillary Jurisdiction: Teaching a Lame Duck New Tricks in Kokkonen v. Guardian Life Insurance Company of America, 81 Va. L. Rev. 1631 (1995)
CLE Presentation, Ethical Issues Arising in Settlement Negotiations, WESFACCA Chapter, Association of Corporate Counsel (Oct. 20, 2011)
$663 Million in Penalties for Maker of Guardrail (The New York Times)
An Election Mulligan (In the News)
54 BSF Attorneys Recognized as Top Lawyers in 2013 Super Lawyers Magazine (2013 Super Lawyers)
BSF Wins Court Battle for Barclays in Lehman Purchase Suit (Firm Newsletter Spring 2011)
Firm Report: July 2008 (07.28.2008)
Firm Report: January 2008 (Vol. 3, Issue I) (01.22.2008)
BSF Wins Jury Trial in Las Vegas Federal Court (December 15, 2007)
Firm Report: July/August 2007 (Vol. 2, Issue II) (08.22.2007)
Firm Report: April 2007 (Vol. 2, Issue I) (04.01.2007)
Firm Report: November 2006 (Vol. 1, Issue III (11.01.2006)
Firm Report: March 2006 (Vol. 1, Issue I) (03.01.2006)