New York – 919 Third Avenue
John Nowak is the co-lead of McDermott Will & Schulte’s SEC enforcement practice. He represents private equity funds, hedge funds, broker-dealers, corporations, boards of directors and their principals and executives in internal investigations, government inquiries (by the SEC, DOJ, FINRA, CFTC and others) and bet-the-company litigation involving allegations of fraud, accounting disclosures, sales practice abuse, securities violations, conflicts of interest, related party transactions and violations of the Foreign Corrupt Practices Act (FCPA).
John also provides advice to investment advisers related to trading compliance, insider trading, examination concerns, and thorny disclosure issues, and John regularly counsels public and private companies on compliance procedures, enforcement response initiatives and proactive strategies designed to mitigate legal, regulatory and reputational risks.
He defends large-scale investigations of white collar and securities crimes in multiple domestic and foreign jurisdictions, has 22 federal white collar and securities trials, and has argued more than a dozen cases before the Court of Appeals for the Second Circuit.
His significant representations have included a vast array of issues, including false or misleading disclosure allegations, insider trading, best execution, PIPE financings, breaches of fiduciary duties, adviser conflicts of interest, and accounting fraud.
Clients and government officials alike hold John in high esteem, and he is ranked in Chambers USA, with clients commenting that John is a “life adviser” and someone who is “knowledgeable, proactive and has good client service.”
John also has unique experience as a supervisor with the government, having previously served as the Deputy Chief of the Business and Securities Fraud Section of the US Attorney’s Office for the Eastern District of New York and as a Branch Chief in the Enforcement Division of the US Securities and Exchange Commission.
- Chambers USA
- University of Richmond School of Law, JD
- College of the Holy Cross, BA
- New York
- Massachusetts
William (Bill) H. Gussman, Jr.
New York – 919 Third Avenue
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.
Fraudulent Transfer and Bankruptcy-Related Litigations
- Ongoing representation of investment fund and other shareholder defendants in clawback actions. In re Tribune Company Fraudulent Transfer Litigation (S.D.N.Y.).
- Ongoing representation of investment fund defendants in fraudulent transfer action brought by liquidating trustee. In re Boston Generating LLC (Bankr. S.D.N.Y.).
- Representation of secured creditor in dispute with creditors’ committee concerning entitlement to default interest, prepayment premium and other disputed amounts. In re iHeartMedia Inc. (Bankr. S.D. Tex.).
- Representation of Wilmington Trust Co. in a series of key wins over the FDIC to secure ownership of an expected tax refund of over $400 million for the bankruptcy estate of Downey Financial Corp. In re Downey Financial Corp. (Bankr. Del.).
- Representation of various mezzanine lenders in connection with plan objections and associated litigation, including a challenge to enterprise valuation, in connection with the bankruptcy of Almatis, B.V., et al. In re Almatis, B.V. (Bankr. S.D.N.Y.).
- The Legal 500 US
- Harvard Law School, JD
- Dartmouth College, BA, summa cum laude, Phi Beta Kappa
- New York
- Supreme Court of the United States
- US Court of Appeals, Second Circuit
- US Court of Appeals, Third Circuit
- US District Court, Eastern District of New York
- US District Court, Western District of New York
- US District Court, Northern District of New York
- US District Court, Southern District of New York
- US District Court, Northern District of Ohio
- English
Boris Ziser
New York – 919 Third Avenue
Asset-backed lending and securitization
Warehouse facilities and secured financings
Specialty finance and esoteric asset transactions
Portfolio acquisitions and financings for investors and lenders
Structured finance, CLOs and alternative assets
Boris Ziser is McDermott’s Global Head of Structured Finance, CLOs and Alternative Assets and a member of the firm’s Management Committee. He advises clients on asset-backed lending and securitization, warehouse facilities, secured financings, specialty finance lending, and other esoteric finance transactions.
With more than 30 years of experience, he works across a wide range of asset classes, including life settlements, litigation funding, equipment leases, structured settlements, lottery receivables, timeshare loans, merchant cash advances, home equity investments (HEI), cell towers, intellectual property, insurance-related cash flows, and others.
He also represents investors, lenders, hedge funds, private equity funds and finance companies in acquisitions and dispositions of asset portfolios, as well as financings secured by those portfolios.
Ranked in
Chambers USA
Ranked in
Chambers Global
Ranked in
Legal 500 US
- Advised on litigation funding transactions, including mass tort loans, single-event investments, secondary market deals, joint ventures, non-lawyer law firm ownership structures, managed services organizations (MSOs), and judgment/settlement monetizations
- Represented clients in establishing life settlement and premium finance funds
- Represented clients in life settlement credit facilities and securitizations
- Acted as underwriters’ counsel and transaction counsel on structured settlement securitizations
- Represented lenders and borrowers in structured settlement warehouse facilities
- Best Lawyers in America, Securitization and Structured Finance Law, 2027
- Chambers Global, Capital Markets: Securitisation: ABS, 2026
- Chambers USA, Capital Markets: Securitisation: ABS, 2026
- Chambers Litigation Support, Litigation Finance Deal Counsel, 2026
- Legal 500 US, Structured Finance: Securization, 2026
- Super Lawyers, Business & Corporate; Securities & Corporate Finance, 2022–2024
- Euromoney Expert Guides, Structured Finance and Securitsation, 2021
- New York State Bar Association
- New York City Bar Association, 2006-present
- Esoteric Assets Committee; Risk Retention Task Force – Structured Finance Industry Group
- McDermott Will & Schulte Management Committee, member
- New York University School of Law, JD
- Oberlin College, BA, with honors
- Connecticut
- New York
- Russian
Marc Weingarten
New York – 919 Third Avenue
Focuses on shareholder activism, M&A, leveraged buyouts, corporate governance, securities law and investment partnerships.
Marc was selected twice as “Dealmaker of the Year” by The American Lawyer for his representation of Cerberus Capital Management in its acquisition of a controlling interest in GMAC from General Motors and most recently for his work on some of the fiercest shareholder activism campaigns and proxy contests in the market. He also represented Cerberus in the acquisition of control of Chrysler from Daimler; its acquisition, by tender offer, of a controlling interest in Aozora Bank in Japan; and in numerous other transactions.
He has represented private equity fund Castle Harlan in the organization of LBO funds and the negotiation of buyouts of restaurant chains, a media company, an insurance company, publishing ventures and other transactions.
In addition to representing public and private companies in acquisitions and dispositions, Marc regularly counsels investors and companies on corporate governance and control issues. One of the leading lawyers representing activist investors, he has advised on many of the most significant activist campaigns, including:
- The Trian Group in its successful proxy contests with Procter & Gamble and H.J. Heinz Co.
- The Children’s Investment Fund in its successful proxy contest with CSX Corp.
- JANA Partners and SAC Capital in their campaign involving Time Warner Inc.
- JANA Partners in all of its many successful campaigns
- Elliott Management in many of its successful campaigns
- Greenlight Capital in its campaign involving General Motors
- Cerberus Capital Management in the acquisition of an 80-percent interest in Chrysler from DaimlerChrysler.
- Cerberus Capital Management in the acquisition of control of GMAC from General Motors.
- Cerberus Capital Management in its acquisition of Caritas Health Care, a transaction named by Investment Dealers’ Digest as the 2010 “Deal of the Year” in the health care category.
- Organized and represented Castle Harlan LBO funds in negotiated buyouts of restaurant chains, media company, insurance company, publishing ventures and other transactions.
- JANA Partners and SAC Capital in activist campaign involving Time Warner Inc.
- The Children’s Investment Fund Management in its campaign involving CSX Corp.
- Cerberus Capital Management in the acquisition by tender offer of a controlling interest in Aozora Bank in Japan.
- Pershing Square in its investments in McDonald’s and Target Corp.
- Trian Group in proxy contest involving HJ Heinz Co.
- Mustang Capital Management in a successful activist campaign involving Furmanite Corporation.
- SRS Investment Management in a successful activist campaign involving Avis Budget Group Inc.
- Altimeter Capital Management LP in connection with its investment in United Continental Holdings Inc.
- Elliott Management in a successful activist campaign involving PulteGroup Inc.
- Prudential Securities, Inc. as underwriter in initial public offerings and high-yield debt financings of media companies.
- JANA Partners in activist campaign involving Kerr-McGee.
- CIT Venture Capital in LBOs of plastic specialty manufacturer, ticket printer, home improvement supplier, foundry and other transactions.
- Sport Brands International in the acquisition of the worldwide operations of Fila Sport Group.
- Issuer in initial public offering of Brazilian cable television operator.
- Cerberus Capital Management in the acquisition of Guilford Mills, Inc.; subsidiaries of Newell/Rubbermaid; investment in Air Canada; acquisition of division of Pitney-Bowes; proposed acquisition of Clayton Homes.
- PCA Corp. in acquisition of ASI Corp. and in sale to LBO fund.
- American List Company in sale to Snyder Communications.
- CIT Group in its acquisition of Newcourt in Canada.
- Circa Pharmaceuticals in sale to Watson Pharmaceuticals.
- Monro Muffler in acquisitions, corporate matters.
- Investor group in successful proxy contest for Alliant Tech Systems, and represented Alliant in public and private financings and in acquisition from Hercules, Inc.
- Caribiner International, Inc. in initial and secondary public offerings, acquisitions and other transactions.
- Morton’s Restaurant Group in IPO and secondary offerings, proxy contests, acquisitions and dispositions, high yield refinancing.
- Bidder in hostile contests (proxy contests, consent solicitations, and tender offers) involving Burlington Industries, Fruehauf, Telex, Centel, Morse Shoe, Rexham, William Carter Company, Dataproducts, Canal Randolph, Datapoint, MAI, Ponderosa.
- Activist investors in numerous campaigns involving board representation (including proxy contests), withhold votes, sale proposals.
- Buyer in acquisition of DiGiorgio Corporation.
- Soros Group in various transactions.
- Acquirer of the Pilgrim Group Mutual Funds.
- Limited partnerships in formation of LBO funds, venture capital funds, hedge funds, etc.
- Served as counsel to publicly-traded retailer Charming Shoppes Inc. on its merger with Ascena Retail Group Inc., a transaction named the 2012 “North America Corporate Deal of the Year” by Global M&A Network and the 2012 “Corporate/Strategic Acquisition Deal of the Year” by The M&A Advisor
- Represented Morton’s Restaurant Group Inc. in its acquisition by affiliates of Tilman J. Fertitta, a transaction named the 2012 “Americas Industry Real Estate Hospitality Deal of the Year” by Global M&A Network
- Represented Cerberus Capital Management in its acquisition of Caritas Health Care, a transaction named by Global M&A Network as the “North America Private Equity Deal of the Year” and by Investment Dealers’ Digest magazine as the 2010 “Deal of the Year” in the health care category
- The American Lawyer – “Dealmaker of the Year” for work on some of the fiercest shareholder activism campaigns and proxy contests in the market, 2014, and for role as lead counsel in Cerberus Capital Management’s acquisition of majority stake in GMAC, 2007
- Legal 500 US, Recommended Lawyer, New York Elite: Corporate and M&A, 2026
- Chambers USA, Senior Statespeople, New York: Corporate/M&A: Shareholder Activism, 2026
- Best Lawyers in America, Mergers and Acquisitions Law, 2008-2027
- Lawdragon, 500 Leading Dealmakers in America, 2027
- New York Super Lawyers, 2006-2023
- IFLR1000
- Member, Long-Range Issues Affecting Business Law Practice, American Bar Association
- New York State Bar Association
- Member, Committee on Corporation Law, 1984-1987, 1990-1994; Member, Committee on Mergers, Acquisitions and Corporate Control Contests, 1994-2002; 2006-2010, New York City Bar Association
- The Opportunity Network
- Georgetown University Law Center, JD, Georgetown Law Journal, Cases and Notes Editor
- University of Pennsylvania, The Wharton School, BS, Finance
- New York
Craig S. Warkol
New York – 919 Third Avenue
Co-Head of Investment Management Regulatory and Enforcement. Represents clients in their most significant enforcement proceedings and regulatory investigations
Drawing on his experience both as a former enforcement attorney with the US Securities and Exchange Commission and as a Special Assistant US Attorney, Craig assists clients with SEC examinations and represents them at all stages of investigations and enforcement cases brought by the SEC, DOJ, FINRA, CFTC, and other self-regulatory organizations and state regulators.
He has experience representing entities and individuals under investigation for, or charged with, insider trading, securities fraud, mail/wire fraud, accounting fraud, money laundering, Foreign Corrupt Practices Act (FCPA) violations, and tax offenses.
He also advises private funds on the evolving regulatory risks associated with developing technology, including blockchain, digital assets, and the use of alternative data.
Craig regularly leads training sessions for investment professionals on complying with insider trading and market manipulation laws, and he has developed and led compliance training sessions related to the use of alternative data, electronic communication, and social media.
In his previous roles in the US Attorney’s Office for the Eastern District of New York and the SEC, Craig prosecuted numerous complex and high-profile securities fraud, accounting fraud, and insider trading cases.
- Routinely represents and advises a multinational financial services firm concerning issues arising under the federal securities and commodities laws.
- Represented a multinational financial services company in parallel investigations by the DOJ and SEC regarding trading practices and disclosure issues.
- Represented a broker-dealer in connection with parallel SEC and DOJ investigations regarding disclosures and valuation issues.
- Represented the chief financial officer of a public company under investigation for accounting fraud and manipulation of financial statements and SEC filings.
- Represented several hedge fund managers in connection with criminal and SEC insider-trading investigations.
- Represented a Fortune 500 company under investigation by the DOJ and SEC for improperly backdating stock option grants to executives and employees.
- Conducted an independent internal investigation at a billion-dollar public company into allegations of corporate malfeasance by the chief executive officer and global head of procurement.
- Represented a major energy company in New York State Attorney General’s investigation of public disclosures regarding climate change.
- Represented a significant hedge fund in connection with the New York State Attorney General’s “pay-to-play” investigations and prosecutions.
- Represented the chief financial officer of a Fortune 500 company under investigation for backdating stock options.
- Represented an attorney under investigation by the DOJ for engaging in securities fraud.
- Represented an individual under investigation by the SEC concerning penny stock transactions and corporate identity theft.
- Represented a principal investor in connection with criminal inquiry for orchestrating a fraudulent initial public offering.
- Recognized as a leading litigation attorney in:
- Benchmark Litigation
- The Legal 500 US
- New York Super Lawyers
- Chairman’s Award for Excellence, US Securities and Exchange Commission, 2002
- Benjamin N. Cardozo School of Law, JD, cum laude, Cardozo Law Review, Notes Editor
- University of Michigan, BA
- New York
- US Court of Appeals, Second Circuit
- US District Court, Eastern District of New York
- US District Court, Southern District of New York
- Hon. Lawrence M. McKenna, US District Court, Southern District of New York
David Nissenbaum
New York – 919 Third Avenue
Co-Head of Credit Funds. Primarily represents alternative investment managers and private investment funds in all aspects of their businesses. Specializes in “Upper Tier Agreements” among the owners of private fund managers and the strategic investments, control transactions, and succession planning that are often part of the ownership lifecycle.
David is known for his extensive knowledge of market terms and his commercial approach to evaluating risks and handling negotiations.
For many years, David has been named a “Leader in His Field” by Chambers USA and Chambers Global. His peers note that David is “considered one of the top fund lawyers around, and deservedly so.” He is “praised by clients for his unwavering commitment,” and is described as “very engaged, thorough, thoughtful, and extremely useful as our quarterback.”
David dedicates most of his practice to designing, structuring and advising credit, hedge, private equity, hybrid, distressed investing, activist and energy funds, co-investment vehicles, funds of funds, multi-manager platforms, and co-investment platforms. Working with the Regulatory & Compliance Group, his work includes counseling clients on finding practical solutions to regulatory and compliance requirements, including the Volcker Rule, and managing conflicts of interest.
Since the early 2000s David has been at the leading edge of industry developments and market practices in “Upper Tier” management company partnerships, compensation and succession plans, seed and strategic investments, and spinoffs of investment teams.
In addition, David has been recognized as a key player in private fund formation by The International Who’s Who of Private Funds Lawyers, PLC Cross-border Private Equity Handbook, The Legal 500 US, and Expert Guide to the World’s Leading Banking, Finance and Transactional Law Lawyers. He has authored or co-authored “Management Company Structures and Terms,” published by ALM Law Journal Press, and “Succession Planning White Paper.”
- Structures and advises investment management and financial services firms.
- Structures and forms credit, hedge, private equity and hybrid funds, funds of funds, co-investment vehicles and scalable platforms for fund sponsors.
- Counsels principals on structure, partner and senior employee terms and succession planning.
- Structures and negotiates seed and strategic investments, spin-offs, lift-outs and acquisitions.
- Restructures proprietary trading desks into investment management businesses.
- Counsels on identification and management of conflicts of interest.
- Advises on all aspects of US banking laws that affect investment and financial services firms and investment funds, including investments in banking organizations, bank-sponsored funds and investments in funds by banking organizations.
- Chambers Global
- Chambers USA, Band 1 in Hedge Funds, 2025-2026
- PLC Cross-border Private Equity Handbook Recognition
- Expert Guide to the World’s Leading Banking, Finance and Transactional Law Lawyers – Investment Funds
- Who’s Who Legal: The International Who’s Who of Private Funds Lawyers – Leading Private Funds Lawyer
- The Legal 500 US –“Key” player in alternative/hedge funds formation
- Lexology Index Private Funds Recommended Thought Leader – Private Funds Formation
- Best Lawyers in America, Private Funds / Hedge Funds Law, 2026-2027
- Advisory Board, Alternative Investment Financial Executives Association, 2007–2014
- Banking Law Committee, New York City Bar Association, 1998–2001
- Brooklyn Law School, JD, Edward G. Sparer Fellow
- University at Albany, BA, National Merit Scholar
- New York
Hannah J. Wells
New York – 919 Third Avenue
Hannah Wells focuses her practice on the tax aspects of private investment funds, including hedge funds, private equity funds, hybrid funds, and credit funds. She also advises investment managers on their structuring, formation, and ongoing operations.
- Best Lawyers: Ones to Watch in America, Tax Law, 2026-2027
- The Hedge Fund Journal, 50 Leading Women in Hedge Funds, 2025
- New York University School of Law, LL.M., Taxation
- New York University School of Law, JD
- Columbia University, BA
- New York
Robert E. Griffin
New York – 919 Third Avenue
Concentrates in complex commercial litigation, with a particular focus on representing private investment funds, investment managers, investment advisers, and financial institutions in complex litigation relating to the life settlement asset class, including disputes with insurance carriers, cases involving the validity of high-value life insurance policies, and related common law claims and defenses. Also advises private investment managers and investment advisers in connection with their ongoing management of life settlement portfolios.
Bob also has substantial experience representing clients in securities and common law fraud actions, merger and acquisition cases, real estate lawsuits, partnership disputes, fiduciary duty litigation, and other state law claims, on behalf of investment managers, private investment funds, financial institutions, public companies, private companies and high-net-worth individuals.
In addition to his active complex commercial litigation practice, Bob has experience in white collar litigation, government investigations, Securities and Exchange Commission enforcement actions and internal investigations.
- Best Lawyers: Ones to Watch in America, Commercial Litigation, 2026-2027
- Columbia Law School, JD, Harlan Fiske Stone Scholar, Columbia Business Law Review
- University of Notre Dame, BA, 2009-2011
- Staff member
- New York
- New Jersey
- US District Court, District of New Jersey
- US District Court, Southern District of New York
Nick Fagge
London – One Eagle Place
Principally advises investment management clients on the structuring of UK management companies, covering all relevant partnership and tax issues.
Nick also advises more widely on UK and international tax issues relating to the taxation of private investment funds, their UK investors and managers.
He is a Chartered Tax Adviser and associate of the Chartered Institute of Taxation, the leading body in the UK for taxation professionals dealing with all aspects of taxation. He is also a member of the Tax Committee of the Alternative Investment Management Association.
- The Legal 500 UK
- Tax Committee, Alternative Investment Management Association (AIMA)
- Associate of the Chartered Institute of Taxation
- College of Law, Legal Practice Course, York
- College of Law, Common Professional Examination
- Corpus Christi College, Guildford
- University of Oxford
- England and Wales
- Supreme Court, England and Wales
Julia Beskin
New York – 919 Third Avenue
Leads complex commercial litigation involving M&A transactions, federal securities laws, and commercial real estate in state and federal courts and arbitration, serving as first-chair trial counsel
Handles litigation for private capital clients, including private equity and other investment funds, asset managers, and family offices
Represents clients in Delaware Court of Chancery shareholder disputes involving limited partnerships and limited liability companies, handling fiduciary duty claims, books and records demands, and dissolution proceedings
Advises boards of private entities and nonprofit organizations on corporate governance matters and the establishment of special committees, and counsels clients on directors’ and officers’ (D&O) insurance coverage
Represents distressed companies, committees, independent directors, investors, lenders, and trustees in bankruptcy and restructuring litigation, with particular experience in liability management transaction disputes
Julia Beskin is a complex commercial litigator and trial lawyer who represents clients in high-stakes disputes involving M&A transactions, corporate governance matters, shareholder rights, federal securities laws, and bankruptcy. She has secured victories in state and federal courts and in arbitration, including as first-chair counsel in an arbitration in which she successfully defended against $100 million in claims and obtained an award of attorneys’ fees. Across matters, Julia brings an assertive, commercially minded approach to litigation, pursuing creative solutions that align with her clients’ broader business objectives.
Recognized
Lawdragon, 500 Leading Plaintiff Financial Lawyers, 2019 – 2026
Recognized
Financier Worldwide Investment Funds Power Player, 2025
Acknowledged
Financier Worldwide Trial Lawyers Power Player (Distinguished Adviser)
- Financier Worldwide Trial Lawyers Power Player (Distinguished Adviser), 2025
- Financier Worldwide Magazine, Investment Funds Power Player, 2025
- Benchmark Litigation, Litigation, individual ranking, 2023
- Lawdragon, 500 Leading Plaintiff Financial Lawyers, 2019-2026
- McDermott Will & Schulte Litigation Training Committee, co-head
- Board of Directors, Women in E-Discovery, New York Chapter
- ABA Professional Liability Litigation Committee, member
- Chancery Chicks, member
- American bankruptcy Institute, member
- Emerging leaders and bankruptcy litigation committees of the American bankruptcy Institute
- University of Toronto Faculty of Law, JD, with honors
- University of Toronto, BA, with honors, with high distinction
- New York
- English
