Xun Chen

Select representations include:

• An independent power producer in a bet-the-company environmental and Article 78 proceeding challenging a state environmental agency’s denial of a Clean Air Act operating permit renewal based on the agency’s determination that continued operation was inconsistent with the Climate Leadership and Community Protection Act, securing annulment of the denial and remand to the agency after the court found the agency’s determination arbitrary and capricious and affected by errors of law.
• Major petroleum industry trade associations in an Article 78 proceeding challenging New York’s newly adopted mandatory greenhouse gas reporting regulations.
• A regional banking and wealth-management company in a high-stakes dispute with a former senior executive and his newly formed competing wealth-management firm concerning alleged breaches of non-solicitation and confidentiality obligations, including successfully obtaining expedited discovery and emergency injunctive relief.
• Officers and directors of companies in a dispute with a major financial institution over alleged misrepresentations concerning collateral securing a $100 million credit facility, involving claims for negligent misrepresentation and aiding and abetting negligent misrepresentation.
• A renewable energy developer in a commercial contract dispute arising from the acquisition of interests in a portfolio of solar energy development projects, involving alleged breaches of a membership interest purchase agreement, resolved through a favorable settlement.
• A major paperboard manufacturer in a commercial dispute with a leading compressed natural gas provider arising from the supply of natural gas to the client’s manufacturing operations.
• A U.S.-based manufacturer and marketer of candles and home fragrance products in a dispute with an international commercial bank arising from the cross-border restructuring of a credit facility tied to the client’s foreign parent company.
• A nonprofit provider of residential and community-based services for individuals with intellectual and developmental disabilities in an Article 78 proceeding challenging a state agency’s regulatory and reimbursement requirements governing the development of a specialized residential facility for young adults transitioning from residential schools.
• A global medical imaging and healthcare technology company in a federal commercial dispute with an international distributor concerning contractual and distribution arrangements for advanced medical imaging equipment.
• Owners of a commercial party-goods business and related real estate interests in appeals arising from a complex, multi-party construction dispute concerning the defective design and construction of a commercial facility, involving claims against the project architect, contractors, engineers, and municipal building officials and more than $16.8 million in jury-awarded damages.
• A federally chartered credit union in a high-stakes cybersecurity and technology dispute against a financial technology company arising out of security vulnerabilities in the provider’s online banking platform, involving breach of contract, trade-secret misappropriation, and related claims concerning the protection of confidential member and institutional data.
• A battery technology and energy storage company in a federal dispute with a former senior executive over claims arising out of the executive’s employment arrangements.