Michael B. Kruse

Michael’s practice focuses on complex commercial litigation. Michael’s practice focuses on commercial litigation, and his focus is on matters relating to financial services, structured finance and securitization.

In addition to his experience in the financial services industry and securitization, Michael has represented clients in cases involving loan repurchase demands and factoring contracts. He also has experience in SEC and CFTC enforcement actions and product-liability cases.

Michael is admitted to practice before the US District Courts for the Southern and Eastern Districts of New York and the United States Supreme Court. He is committed to the practice of law pro bono and has recently represented veterans seeking disability and educational benefits.

• Asset-Backed Securities Litigation: Counsel for mortgage servicer in dispute with investor concerning allocation of rights among stakeholders in securitized mortgage trusts, in contract dispute with loan originator concerning investor access to mortgage loan files, and in RMBS cases seeking repurchase of loans that breached the originator’s representations and warranties. Advised financial institution regarding its potential obligations arising under several pooling and servicing agreements.
• Telephone Consumer Protection Act Litigation: Counsel for mortgage servicer in nationwide and state TCPA class actions and individual TCPA actions; obtained favorable class settlements and coordinating litigation strategy for portfolios of opt-outs.
• Lender-Placed Insurance Litigation: Counsel for mortgage loan servicer in state and nationwide class actions arising from the provision of lender-placed insurance; obtained favorable state and nationwide class settlements.
• Privacy Litigation: Counsel for mortgage loan servicer in California invasion of privacy class action.

Other Litigation:

• Represented insurer in an arbitration with reinsurer resulting in a favorable settlement.
• Represented renewable energy company in dispute concerning fraudulent inducement to enter into purchase of faulty generation equipment.
• Represented Fortune 500 firm in a case alleging environmental exposure claims; obtained dismissal of complaint on a forum non conveniens motion.
• Represented CDO investors with claims against a credit default swap counterparty arising out of the 2008 financial crisis.
• Represented a Fortune 500 lender in factoring contract disputes.
• Represented a real estate entity in case involving breach of a commercial sales agreement.
• Represented national retail chain in settlement of ADA complaint.

Pro Bono:

• Represented pro bono clients in connection with disputes regarding obtaining disability military benefits and educational benefits.
• Counsel for parent seeking the return of his child under the Hague Convention, contributing to the appellate briefs and participating in the oral argument before the United States Supreme Court.
• Represented author of amicus brief submitted in support of a motion for certiorari by the United States Supreme Court in an insider-trading case.
• Represented a charitable organization matters in New York state court involving a dispute over a trust and a breach of contract claim.
• Represented pro bono clients seeking asylum from China and Kazakhstan.

• Selected as a “Rising Star,” New York Super Lawyers, 2012-2018

• Part of team that successfully represented an ethnic Korean seeking asylum from Kazakhstan.