Drafting for the Fight: Key Strategies for Allocating Contract Risk and Managing Disputes

Bill Gussman is the New York co-lead of McDermott Will & Schulte’s Litigation Practice Group. He advises on complex commercial litigation, including securities fraud actions, fraudulent transfer actions, M&A litigation, and partnership disputes.

Bill’s clients have included domestic and foreign hedge funds, private equity firms, major corporations, investment banks, prime brokers, lenders and individuals. He has substantial trial experience, having tried cases in federal and state courts throughout the United States and in a variety of alternative dispute resolution venues, including AAA, FINRA and JAMS arbitrations.

He frequently litigates in bankruptcy court, often representing creditors in disputed matters in the plan confirmation process.

He also has particular experience in litigating issues concerning the Section 546(e) safe harbor in fraudulent transfer actions. He has extensive experience representing both buyers and sellers in deal-related disputes concerning a broad range of industries, including the telecommunications, energy, retail and automotive industries. Bill also has broad experience in matters relating to litigation finance and regularly advises clients with respect to champerty risk and the risk/reward profile of litigation-related assets.

Bill’s jury trial experience includes the successful defense of a leading prime broker in a $141.4 million fraudulent transfer action brought by the trustee of a defunct hedge fund. In that two-week federal trial, he helped to secure a unanimous verdict in favor of the prime broker.

He successfully defended a former officer and director of Merck & Co. in a high-profile securities class action and related cases concerning the painkiller Vioxx. That high-profile matter included the defense of federal and state securities law claims, breach of duty claims, product liability claims and other matters.

Andrew B. Kratenstein is the New York co-lead of McDermott’s Litigation Practice Group. He provides legal counsel on complex commercial litigation across a broad array of industries, including financial services, private equity, real estate, energy, sports, healthcare, life sciences, and beverage distribution. He has argued and won numerous cases at the trial court and appellate levels and in arbitral tribunals.

Argues cases with a track record of success at the trial and appellate levels and in arbitral tribunals

Represents clients in securities litigation, class actions, and bankruptcy litigation