Chris B. Fontenelli

Chris is a dedicated litigator with a focus on complex commercial litigation. He handles class actions and commercial disputes for banks, trusts, private equity firms, portfolio companies, asset managers, loan servicers, and insurance companies. Chris also advises these clients on labor and employment issues, such as trade secret misappropriation, restrictive covenants, discrimination, harassment, wage and hour violations, and employee misclassification.

Chris has extensive experience in New York and New Jersey state courts, as well as federal courts nationwide.

Chris provides pro bono services to KIND, a leading organization founded by Angelina Jolie and the Microsoft Corporation dedicated to providing compassionate and quality legal counsel to unaccompanied refugee and immigrant children in the U.S. He appears in state and federal courts to represent numerous unaccompanied children who enter the U.S. immigration system alone to help advance their best interests, safety, and well-being. Chris secured permanent residency for five children.

Before attending law school, Chris was a student athlete at Seton Hall University and played baseball in the Big East Conference.

Complex Commercial Litigation

• Represents various student loan trusts in connection with several class action lawsuits brought in federal district courts throughout the U.S.
• Represented student loan owners and servicers in bankruptcy adversary proceedings and in bankruptcy class actions involving a variety of bankruptcy law compliance issues and other consumer protection statutes.
• Represents loan servicers in residential mortgage-backed securities (RMBS) litigation, including ongoing RMBS actions pending in the New York Commercial Division arising out of repurchase litigation brought against the sponsor of securitizations of mortgage loans alleged to have breached its representations and warranties.
• Represents special servicers in connection with commercial loan disputes, including guarantor and foreclosure litigation.
• Counseled one of foremost universities and medical centers in the U.S. in connection with more than a year-long intensive internal investigation in response to congressional inquiries and a Pulitzer Prize-winning investigative report, which accused the university and hospital’s doctor of more than 20 years of improper expert consulting work.
• Defended a division of the largest private snack food company in the U.S. in a class/collective action in Florida and Alabama alleging misclassification of route salespersons as exempt from overtime.
• Resolved a significant fee dispute between a pharmaceutical company and a contractual counterparty.
• Defended a global manufacturer and seller of sunscreen products against a putative class action alleging false advertising and consumer fraud causes of action in federal court.
• Defended one of the nation’s largest dialysis providers against a putative class action alleging consumer fraud and product liability causes of action in federal court (and in related federal multidistrict litigation) for injuries and deaths allegedly resulting from the use of a prescription medical device.
• Defended a global manufacturer of organic and specialty foods against multimillion-dollar claims arising from a nationwide product recall.
• Defended a global food manufacturer in connection with claims brought against alleging product defects.
• Defended a loan servicer in connection with a nationwide class action alleging Fair Debt Collection Practices Act (FDCPA) violations.
• Represented a national movie theater chain in connection with a commercial contract dispute relating to advertising. 

Labor and Employment Litigation and Dispute Resolution

• Secured permanent injunction for a portfolio company of a private equity firm whose trade secrets were misappropriated.
• Represented an asset management firm and several of its portfolio companies in connection with employment-related disputes.
• Secured a dismissal of a private equity firm in connection with restrictive covenant claims brought against it.
• Defended a portfolio company in the horse racing industry in connection with an Equal Employment Opportunity Commission (EEOC) complaint.
• Defended a movie industry employer in connection with alleged discrimination.
• Resolved a significant dispute between a private equity company and a former executive relating to employment termination claims.
• Obtained dismissal of multimillion-dollar wage claims against an insurance company in connection with independent contractor misclassification allegations.
• Obtained the dismissal of a multicount complaint filed in Arkansas state court against a leading food manufacturing client in connection with independent contractor misclassification allegations.
• Obtained summary judgment in a CEPA matter in New Jersey state court.
• Settled a threatened litigation in a sexual harassment and retaliation claim under New York law.
• Obtained a judgment in New Jersey state court in favor of a foreign aerospace employer against a former employee for the employee’s wrongdoing.
• Obtained dismissal of a complaint brought against an employer alleging wrongful termination.

Insurance and Health Care 

• Regularly represents health insurance companies in provider disputes brought in both arbitration and litigation, arising out of alleged breach of contract, fraud, and a variety of other disputes.

• Super Lawyers® New York Metro Rising Star, Business Litigation (2020-2023)
• New Jersey State Bar Association, Pro Bono Award, New Attorney (2015)
• New Jersey Law Journal, Products Liability Litigation Department of the Year (2015)