David N. Crapo

Practice Areas

Mr. Crapo’s practice includes bankruptcy, healthcare, data privacy and security, debtor/creditor law, commercial law, and equipment leasing. In bankruptcy, debtor/creditor, commercial, and equipment leasing matters, he represents debtors, secured lenders, creditors, landlords, governmental entities, equipment lessors, non-debtor licensees of debtors’ 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. 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. He has served as the Patient Care Ombudsman in a number of healthcare bankruptcies.

His experience includes:

—Drafting and updating HIPAA and other healthcare compliance and governance documents, including HIPAA policies and medical staff bylaws

—Analyzing and drafting healthcare transactional documents, including hospital access and Medicare Advantage provider agreements

—Advising on the impact on transactions of HIPAA, the HITECH Act, Anti-Kickback Law, Affordable Care Act, and Breach Notification Rule

—Representing creditors in healthcare bankruptcies and potential purchasers of the assets of healthcare related debtors

Focus Areas

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, Stark Law, and 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 bankruptcies–the potential purchasers of assets of health care related entities and a pharmaceutical company–in obtaining the return of property from a debtor who had conducted clinical trials. Mr. Crapo has served as the Patient Care Ombudsman in a number of healthcare bankruptcies, particularly for behavioral and mental health providers.

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. He has represented creditors in several significant filings of for-profit institutions of higher education. 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.

Honors & Awards

In addition to Chambers USA, Mr. Crapo is listed in the bankruptcy/restructuring categories of Best Lawyers® and New Jersey Super Lawyers and was awarded the designation of Certified International Privacy Professional – US.