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Bradley J. Butwin

Partner


Brad Butwin is the Chair of O’Melveny & Myers LLP, an internationally acclaimed law firm of approximately 750 attorneys in 15 offices worldwide. With industry-leading lawyers in key commercial and financial centers throughout the United States, Asia, and Europe, O’Melveny helps clients manage the challenges and opportunities of the global economy. Placing second on The American Lawyer’s prestigious A-List in 2014, the Firm combines a century-long history with a culture of innovation to deliver practical advice and results. Under Brad’s leadership, O’Melveny returned once again to the finalists’ circle of The American Lawyer’s biennial “Litigation Department of the Year” competition in 2014. It was the seventh consecutive time the Firm has either won, placed among the finalists, or received honorable mention—making O’Melveny one of only two firms to have garnered acclaim in every year of the award’s history.

In addition to his leadership roles, which have included Chair of the Litigation Department, Brad maintains an active practice as a trial lawyer.

Chambers USA has ranked Brad among the top 25 commercial litigators in New York for the past five years. Benchmark Litigation named Brad a National Litigation Star and has consistently listed him as one of the top securities litigators in the country. Legal 500 has recognized Brad’s securities litigation practice for the past three years, and Lawdragon lists Brad among its 500 Leading Lawyers in America.

Brad is on the Board of Advisors of The American Society of Legal Writers. He is a member of the New York City Bar Association’s Committee on Financial Reporting and the City Bar’s Task Force on New Lawyers in a Changing Profession. He is also a member of the Leadership Council on Legal Diversity. A longtime advocate of pro bono legal services, Brad was presented with the New York City Bar’s Thurgood Marshall Award for his role in freeing a wrongly convicted man from Georgia’s death row. He received his J.D. from Fordham Law School, where he served as Commentary Editor of the Law Review, and his B.B.A. from the University of Wisconsin. Before entering private practice, Brad served as a law clerk for U.S. District Judge David N. Edelstein (S.D.N.Y.).

Illustrative Professional Experience

  • Representing large banks in their subprime-related matters
  • Representing major financial institutions in their auction-rate securities matters
  • Representing large financial institutions in Bernard Madoff-related matters
  • Representing securities underwriter syndicates in securities class actions throughout the country
  • Obtaining dismissal of a securities underwriting syndicate in a putative securities class action.  Arfa v. Mecox Lane Limited, Credit Suisse Securities (USA) LLC, UBS Securities, Inc.
  • Obtaining dismissal as a sanction against opposing counsel and lead plaintiff in a US$4 billion putative securities class action alleging that a major securities firm artificially depressed a company’s stock price through false or misleading research reports to allow hedge funds to reap billions in short-selling profits. Del Giudice v. S.A.C. Capital Mgmt., Banc of America Sec. LLC, et al., No. 2:06-CV-01413 (D.N.J.)
  • Obtaining dismissal of a New Jersey state RICO action alleging a short-selling conspiracy between securities analysts and hedge funds. The case received widespread national press coverage, including from The Wall Street Journal, The New York Law Journal and The American Lawyer. See Biovail v. S.A.C. Capital Mgmt., ESX-L-1583-06
  • Obtaining dismissal for a major financial institution in a putative class action alleging that the defendant violated federal and state statute and common law duties by switching investors’ “cash sweep” accounts. DiBlasio v. Merrill Lynch, Morgan Stanley, et al., No. 07-CV-318 (S.D.N.Y.)
  • Defending a large bank in multiple litigations seeking more than US$1 billion for alleged breaches of financing agreements relating to the failed Fontainebleau Las Vegas hotel and resort development. In re Fontainebleau Las Vegas Contract Litig., No. 1:09-md-02106-ASG (S.D. Fla.).
  • Representing a major financial institution in the Tribune Company bankruptcy case in Delaware in actions alleging that a multi-billion dollar leveraged buyout constituted a fraudulent conveyance
  • Defending two large financial institutions in a putative class action and related bankruptcy proceedings arising out of an alleged Ponzi scheme
  • Obtaining dismissal of financial institution and its officers and directors in a class action under the Securities Act of 1933 alleging that the financial institution’s offering materials for several convertible and preferred stock offerings of billions of dollars of stock were materially false and misleading. Montgomery v. Bank of America Corp. 
  • Obtaining dismissal of a major securities firm in antitrust class actions alleging that the leading prime brokers engaged in a conspiracy by which they routinely “failed to deliver” stock they were required to borrow to cover short stock sales, but nonetheless billed their customers for the borrowing costs
  • Representing the Securities Industry and Financial Markets Association as an amicus in one of the most important securities law cases before the United States Supreme Court in decades. Stoneridge Inv. Partners, LLC v. Scientific Atlanta, 552 U.S. 148 (2008)
  • Representing a securities underwriting syndicate in a putative securities class action alleging that the issuer, a large solar-energy company, failed to disclose the imminent defection of its largest customer in its IPO registration and prospectus. Braun v. GT Solar Int’l, Inc., No. 1:08-CV-00312-JL (D.N.H.)
  • Representing an investment bank in litigation brought by an investment management firm, claiming that our client misappropriated confidential and proprietary information and otherwise tortiously interfered with a potential US$800 million “life settlement” transaction. Lotus Capital Advisors, LLC v. Morgan Stanley & Co., Inc., Index No. 602113/07 (N.Y. Sup. Ct.)
  • Representing a securities underwriter in class actions filed in the Southern District of New York against major securities underwriters, alleging antitrust conspiracies in connection with the amount of their underwriting spread. See In re Public Offering Fee Antitrust Litig., No. 98 Civ. 7890, 2006 WL 1026653 (S.D.N.Y. Apr. 18, 2006)
  • Representing the New York Stock Exchange’s independent directors in a putative class action challenging the Exchange’s historic merger with Archipelago Holdings. In re New York Stock Exchange/Archipelago Merger Litig., Index No. 601646/05 (N.Y. Sup. Ct.)
  • Representing an investment bank in several securities actions in Jackson, Mississippi, alleging violations of Section 11. Pittman, et al. v. UBS Paine Webber, Inc., et al., No. 257-03-689 (Miss. Cir. Ct.); Am. Wireless License Group, L.L.C. v. White, No. 251-03-692 (Miss. Cir. Ct.); Whittington v. UBS PaineWebber, Inc., Arb. No. 03-04155
  • Representing an investment bank in a breach of fiduciary duty action in the Southern District of New York seeking US$1.3 billion in damages. See American Tissue, Inc. v. Donaldson, Lufkin & Jenrette Sec. Corp., et al., 351 F. Supp. 2d 79 (S.D.N.Y.)
  • Representing a large broker-dealer in a class action filed in the Southern District of New York against major securities underwriters, challenging various practices by which lead underwriters of IPO syndicates allegedly sought to discourage “flipping” of IPO shares. See Friedman v. Salomon/Smith Barney, Inc., 313 F.3d 796 (2d Cir.), cert. denied, 520 U.S. 822
  • Representing all defendants in a putative securities class action in Denver, Colorado, arising from the failure of a large telecommunications company. In re ICG Communications, Inc. Sec. Litig., No. 00-RB-1864 (D. Colo.)
  • Representing a public company and its directors in Section 11 actions in Tampa, Florida, arising from the company’s restatement of its financial results. Meigs v. Quality Distribution, Inc., et al., No. 8:04-CV-335-T-24MSS (M.D. Fla.); Steamfitters Local 449 Pension & Ret. Security Funds v. Quality Distribution, Inc. et al.,  No. 04-03013 (Fla. Cir. Ct.)
  • Representing an investment bank, an underwriter of mortgage-backed securities, in a securities fraud lawsuit brought by a purchaser of mortgage-backed securities
  • Representing a large money manager that issued and managed collateralized bond obligations in a New York state court fraud and breach of contract action. See Beaford Ltd. v. Morgan Stanley & Co., Index No. 126678/02 (N.Y. Sup. Ct.)
  • Representing a large financial consultant in an action brought by a municipal retirement plan. City of Coral Gables Ret. Sys. v. UBS Fin. Serv., Inc., No. 04-19496 (Fla. Cir. Ct.)
  • Representing a large financial institution in litigation arising from the sale of a private equity fund. See Gunthel, et al. v. Deutsche Bank AG, et al., Index No. 603668/04 (N.Y. Sup. Ct.)
  • Representing an outside director and audit committee member of a public theater production company in three large securities class actions in the Southern District of New York. See In re Livent, Inc. Noteholders Sec. Litig., 174 F. Supp. 2d 144 (S.D.N.Y.); In re Livent, Inc. Sec. Litig., 78 F. Supp. 2d 194 (S.D.N.Y.)
  • Representing the former CEO of an Internet-based e-mail services company in a Section 11 putative class action. See In re Crayfish Co., Inc. Sec. Litig., No. 00 Civ. 6766 (S.D.N.Y.)
  • Representing equity research analysts of large broker-dealers in connection with regulatory investigations arising from the broker-dealers’ target stock prices for telecommunications companies
  • Representing several large broker-dealers in various litigation and arbitration across the country concerning (i) allegedly improper investment recommendations and unsuitable investments; (ii) disputes in connection with exchange funds and hedge funds; (iii) alleged prime bank note frauds; and (iv) disputes over financial advisory fees owed
  • Representing the New York Mets Baseball Club in a variety of matters

Other

Former Board Member and Vice President of the Albertson Soccer Club in Long Island


    Professional Activities

    Admitted to Practice, US District Court, District of Colorado, Eastern and Southern Districts of New York; US Court of Appeals, Second and Eleventh Circuits

    Fordham University, J.D., 1985: Commentary Editor, Fordham Law Review

    University of Wisconsin at Madison, B.B.A. (Risk and Insurance), 1982


    New York

    The Securities Act, Underwriters and the Due Diligence Defense,” New York Law Journal, Special Litigation Supplement, February 16, 2010