David N. Crapo

David N. Crapo

Counsel, Financial Restructuring & Creditors’ Rights

Mr. Crapo has extensive experience in the fields of bankruptcy, debtor/creditor law, commercial law, and equipment leasing. He represents debtors, secured lenders, creditors, landlords, governmental entities, non-debtor licensees of debtor’s intellectual property, bidders at bankruptcy sales, and trustees and other fiduciaries. His experience includes the negotiation and preparation of loan agreements and pleadings in connection with debtor-in-possession financing and/or use of the cash collateral of financial institutions and other lenders, as well as the analysis of commercial, corporate, and municipal bond transactions to assess bankruptcy and insolvency-related risks and to make recommendations for minimizing those risks. Mr. Crapo has also drafted numerous insolvency-related bankruptcy opinions in connection with corporate and municipal bond transactions and has authored and co-authored many articles on bankruptcy-related subjects.

Mr. Crapo, who holds an LL.M. in Health Law and Policy, also represents hospitals and other institutional healthcare providers, medical practices, lenders, bidders, insurers and insurance agencies, employers, and a pharmacy chain in connection with healthcare issues. His experience includes:

    • drafting and updating HIPAA compliance manuals;
    • advising on the impact of HIPAA, the HITECH Act, and the Breach Notification Rule on transactions;
    • analyzing and drafting business associate agreements;
    • evaluating and assisting in the structuring of transactions to meet the requirements of the Anti-Kickback Laws and the Stark law;
    • revising medical staff bylaws to meet changes in the Joint Commission standards;
    • preparing hospital access agreements and Medicare Advantage provider agreements; and
  • representing creditors in healthcare bankruptcies and potential purchasers of the assets of healthcare related debtors.

He was awarded the designation, Certified International Privacy Professional – US. He has written and spoken extensively on healthcare related issues, particularly in the area of data privacy and security. He has also edited the newsletter of the Health Law Committee of the American Bankruptcy Institute.

Areas of Focus

Representation of Parties in Healthcare Matters

Mr. Crapo represents hospitals and other institutional healthcare providers, medical practices, secured creditors, potential purchasers, insurance agencies, employers, and a pharmacy chain in connection with healthcare issues. He prepares and revises such healthcare related documents as medical staff bylaws and Medicare Advantage provider agreements. He counsels clients on issues concerning the Anti-Kickback Statute, the Stark Law, and the Affordable Care Act and analyzes proposed transactions in light of those laws, and he assists in structuring those transactions to comply with these laws.

Healthcare Privacy

A Certified International Privacy Professional, Mr. Crapo has developed a niche in the area of healthcare privacy and data security. He advises clients on how to become and remain compliant with HIPAA and other healthcare privacy laws and prepares HIPAA compliance materials for clients. He has also advised clients on privacy and security breach responses.

Healthcare Insolvency

Combining his two main areas of experience, Mr. Crapo has represented creditors in healthcare bankruptciesthe potential purchasers of assets of health care related entities and a pharmaceutical companyin obtaining the return of property from a debtor who had conducted clinical trials.

Creditor Representation

Mr. Crapo has represented trade creditors, secured lenders, landlords, and equipment lessors in numerous substantial bankruptcies, including: Lehman Brothers, Nortel, Lyondell Chemical, BearingPoint, Chrysler, GM, Quebecor, Covanta Energy, GRA-Black Angus, Circuit City, and Bridge Communications. In those cases, Mr. Crapo has asserted claims on behalf of creditor clients and defended those clients in various avoidance actions, including complex multimillion-dollar preference and fraudulent transfer actions. He has negotiated cash collateral agreements, debtor-in-possession financing agreements, plans of reorganization, and exit financing agreements on behalf of creditors.

Debtor and Trustee Representation

Mr. Crapo represents individual and corporate debtors and fiduciaries in both chapter 11 and chapter 7 bankruptcy cases. In doing so, he has drafted and negotiated plans of reorganization (as well as exit financing agreements) and financing and cash collateral agreements, and he has prosecuted avoidance actions.

Equipment Leasing

Mr. Crapo represents equipment lessors in various bankruptcy and insolvency-related proceedings, defending their claims and defending them against claims by debtors or trustees. He also analyzes equipment leasing transactions to determine whether they constitute “true sales” and has issued numerous “true sale” opinions.

Insolvency-Related Transactions

Mr. Crapo analyzes complex commercial, corporate, and municipal bond transactions to assess bankruptcy and insolvency-related risks, including the potential effect of chapter 9 of the Bankruptcy Code on those transactions. He has drafted and issued numerous opinions in connection with those transactions.

Credentials

Education

Seton Hall University School of Law (LL.M., Health Law and Policy)

University of Houston Law Center (J.D., with honors)

University of Wisconsin (M.A.)

Boston College (A.B., summa cum laude)

Professional Admissions

State of New Jersey

State of Texas

United States District Court for the District of New Jersey

United States District Court for the Southern District of New York

United States District Court for the Northern District of Texas

United States District Court for the Southern District of Texas

United States Bankruptcy Court for the District of New Jersey

United States Bankruptcy Court for the Southern District of New York

United States Bankruptcy Court for the Northern District of Texas

United States Bankruptcy Court for the Southern District of Texas

United States Court of Appeals for the Third Circuit

United States Court of Appeals for the Second Circuit

Awarded the designation, Certified International Privacy Professional--US by the International Association of Privacy Professionals on January 4, 2016

Professional Activities

Member, International Association of Privacy Professionals

New Jersey Bankruptcy Lawyers Foundation
Trustee

Member, Health Information Management & Systems Society (including the New Jersey Chapter)

Newbridge Services
Trustee

American Bankruptcy Institute
Health Law
Secured Transactions
Bankruptcy Taxation

American Bar Association
Health Law Section
ACO Task Force, Health Law Section
Business Law Section
Business Bankruptcy Committee,    Legislation Subcommittee

American Health Lawyers Association

New Jersey State Bar Association
Bankruptcy Law and Health Law Sections
Lecturer, Bench Bar Conference of the Bankruptcy Law Section (on tax related issues in bankruptcy)

State Bar of Texas

ABA Taxation Division
Lecturer

Essex County Bar Association
Lecturer, Creditor/Debtor Committee

Law Education Institute, Inc.
Lecturer, National CLE Conference in Colorado, January 2002 (on bankruptcy-remote entities)