Bill Sushon

Partner

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Bill Sushon focuses on securities class actions, shareholder derivative lawsuits, hostile takeover litigation, partnership disputes, breach-of-contract actions, bankruptcy litigation and a host of other matters. He has appeared in state and federal courts throughout the country on behalf of Fortune 100 companies, their officers and directors, alternative-asset management entities, investment partnerships, underwriters, and other sophisticated commercial clients.

Over the years, Bill has also developed a significant practice advising clients on litigation avoidance strategies and disclosure issues, as well as litigation advice in complex mergers and acquisitions and other corporate transactions. For example, Bill has advised several potential acquirers in their efforts to terminate merger agreements under material adverse effect clauses. He has also given pre-litigation advice to several major financial institutions in disputes concerning securities-lending programs, collateralized debt obligations, mortgage-backed securities, and similar investments.

Honors & Awards

  • Recommended by Legal 500 for Dispute Resolution: Securities Litigation - Defense (2016-2017), Litigation - Securities: Shareholder Litigation (2010-2011, 2015), and Finance - Financial Services: Litigation (2012)

Admissions

Bar Admissions

  • New York

Court Admissions

  • US District Court, District of Colorado, Eastern and Southern Districts of New York
  • US Court of Appeals, Second, Third, Fifth, Ninth, and Eleventh Circuits
  • US Supreme Court

Education

  • Columbia University, J.D., 1995: Stone Scholar 
  • Dartmouth College, A.B., Government, 1992: cum laude; Presidential Scholar

Professional Activities

Co-Author

  • “Shifting Sands: Practical Advice on Delaware Fee-Shifting Bylaws,” New York Law Journal, with Samantha Brutlag and Edward N. Moss (August 11, 2014)
  • “Taking A Stand,” New York Law Journal, September 6, with Allen Burton (2011)
  • “The Securities Act, Underwriters and the Due Diligence Defense,” New York Law Journal, with Brad Butwin and Asher Rivner (February 15, 2010)
  • “New York Landscape Affected by Subtle Change,” New York Law Journal, with Jonathan Rosenberg (December 16, 2002)

Member

  • Association of the Bar of the City of New York, Committee on Professional and Judicial Ethics (2002-2013); Secretary (1997-2002)
  • Defending a large food company in an expedited Delaware Chancery Court trial of its famous “shotgun wedding” case concerning breach of a merger agreement and its material adverse change provision.
  • Winning dismissal—and affirmance on appeal to the Second Circuit—of a securities class action against a major financial holding company alleging that the offering documents for its preferred stock issuances concealed write-downs of its mortgage-related assets.
  • Obtaining dismissal of successor-liability claims (including de facto merger, implied assumption, and fraudulent conveyance claims) in numerous actions against a global financial institution arising from its acquisition of a leading mortgage-lending company.
  • Defending a major mortgage servicing company in a multi-billion-dollar qui tam False Claims Act case concerning the client’s certifications to the federal government of compliance with state and federal laws.
  • Obtaining plaintiffs’ voluntary dismissal (after fact discovery closed) of Section 11 claims against the underwriting syndicate in a case concerning a multi-billion-dollar e-commerce IP.
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