AV Preeminent Peer Review Rating by Martindale-Hubbell
Selected for inclusion in “Best Lawyers in America,” in the areas of Commercial Litigation and Litigation – Bankruptcy (2014)
Selected for inclusion in “Superlawyers,” in the area of Business Litigation (2014)
J.D., cum laude, Tulane University Law School (1977)
B.A., summa cum laude, Tulane University (1974)
Bar and Court Admissions
U.S. Court of Appeals for the Fifth Circuit
U.S. District Courts for the Eastern, Middle, and Western Districts of Louisiana
Mr. Farley’s practice currently focuses on resolving claims arising out of specialty lines of insurance, including financial institution bonds, commercial crime policies, director and officer liability policies, and fiduciary liability policies. Mr. Farley also has substantial experience in litigating claims under surety bonds, in the defense of extra-contractual claims, and in the representation of creditors and asset purchasers in corporate bankruptcies.
Mr. Farley received his B.A, summa cum laude from Tulane University in 1974, graduating with a 4.0 grade point average and winning the highest academic award given by Tulane’s College of Arts and Sciences. He received his J.D. cum laude from Tulane Law School in 1977, where he was a member of the Order of the Coif.
- Enron Creditors Recovery Corp. v. St. Paul Fire & Marine Ins. Co., U.S. District Court for the Southern District of Texas, No. H-06-3905
The firm successfully defended a major insurer in complex litigation concerning a $20 million claim asserted by the Enron Corporation.
- In re Cajun Electric Power Cooperative, Inc., U.S. Bankruptcy Court for the Middle District of Louisiana, No. 94-2763-B2
In the bankruptcy of Cajun Electric, the firm acted as lead litigation counsel for a consortium of bidders who were successful in acquiring electric power generating assets of Cajun Electric for a purchase price of $1 billion.
In Thompson v. Avondale, the firm represented the chairman of the ESOP administrative committee of a publicly held company.
OTHER REPRESENTATIVE CASES
First National Bank of Louisville v. Lustig, 961 F.2d 1162 (5th Cir. 1992), on remand, 96 F.3d 1554 (5th Cir. 1996). Mr. Farley litigated a financial institution bond claim that shaped the law of coverage for acts by dishonest employees and the claims-handling obligations of insurers.
Federal Insurance Co. v. Community State Bank, 905 F.2d 112 (5th Cir. 1990). Mr. Farley successfully represented a surety in a dispute with a secured lender over priority to construction contract funds.
Lambert v. Maryland Casualty Co., 418 So.2d 553 (La. 1982). Mr. Farley assisted the legendary Marian Mayer Berkett in her successful representation of a surety in litigation over the surety’s right to stop financing a contract and to assert its right to the contract balances.
In re: Friede Goldman Halter, Inc., No. 01-52173-SEG, Mr. Farley represented a surety in both the bankruptcy court and federal district court for the Southern District of Mississippi in connection with a cluster of disputes arising out of a $70 million ship construction bond.
The Impact of Stern v. Marshall on Fidelity and Surety Litigation, 37th Annual Meeting of the Surety and Fidelity Claims Institute (2012).
Post-Petition Financing and Extensions of Surety Credit, Wilcox, et al, The Surety and Bankruptcy, (Am. Bar Assoc. 2010).
The Chapter 11 Plan, Wilcox, et al, The Surety and Bankruptcy, (Am. Bar Assoc. 2010).
On Dealing with Dishonest Employees, Skyradio's "America's Premier Lawyers" Series (2006).
Why the Constitution Matters to Fidelity Insurers: State Farm Insurance Company v. Campbell, XII Fidelity Law Journal (2006).
Exclusions in the Commercial Crime Policy, Marmor and Tomaine, Commercial Crime Policy, 2d Ed. (Am. Bar Assoc. 2005).
The Regulatory Approval Issue in Cajun Electric Power Coop., Inc., Loyola Law Review (2000).
What Is Employee Dishonesty?, Commercial Crime Policy (Am. Bar Assoc. 1997).
Events & Speaking Engagements
Presenter, Fidelity and Financial Institution Bond Program, ABA Midwinter Meeting, Fidelity and Surety Law Committee of the Tort Trial & Insurance Practice Section (2012).
Presenter, Examination of Damages Experts from Both the Plaintiff and Defense Perspective, Ship of Fools: Fidelity Claims Made by Corrupt Insureds, ABA Fall Meeting, Fidelity and Surety Law Committee of the Tort Trial & Insurance Practice Section (2009).
Presenter, Trial Techniques for Fidelity Cases, The Butterfly Effect: How Surety and Fidelity Claims Handlers’ Responses Shape Perceptions, ABA Midwinter Meeting, Fidelity and Surety Law Committee of the Tort Trial & Insurance Practice Section (2008).
Advocate,Mock Trial of a Computer Theft Claim, ABA Midwinter Meeting, Fidelity and Surety Law Committee of the Tort Trial & Insurance Practice Section (2014).
Presenter, The Nuts and Bolts of Lustig, 13th Annual Sourthern Surety and Fidelity Claims Conference (2002).
Presenter, Computer Technology and Litigation of Fidelity Cases, Surety Claims Institute Annual Meeting (1998).
Lecturer in Construction Industry Law, Loyola University School of Law (1990-96).
- October 2014
- Krebs Farley’s founding partners selected by their peers for inclusion in The Best Lawyers in America© 2015August 2014The Best Lawyers in America© 2015
Professional and Civic Activities
American Bar Association, Fidelity and Surety Law Committee
Federal Bar Association:
Professional Liability Underwriting Society (PLUS)
American Bankruptcy Institute
Louisiana State Bar Association
Louisiana Bar Foundation