William H. Gussman Jr.

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.

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• Defended Bear Stearns in connection with matters pertaining to the collapse of the Manhattan Investment Fund Ltd., obtaining jury verdict in favor of Bear Stearns on claim for $141.4 million in alleged fraudulent transfers and securing dismissal of fraudulent transfer claims seeking $3.6 billion in damages. Gredd v. Bear Stearns Securities Corp. (Bankr. S.D.N.Y.).

Securities Fraud Matters

• Successfully defended a former officer and director of Merck & Co. Inc. in a high-profile securities class action and related cases concerning the painkiller Vioxx. The high-stakes litigation included defense of federal and state securities law claims, ERISA claims, breach of duty claims, product liability claims and other matters. In re Vioxx Litigation.
• Obtained dismissal of securities law claims against underwriter defendant. In re Quintus Securities Litigation (N.D. Cal.).
• Successful representation of underwriter defendant in connection with securities law claims. In re Livent Securities Litigation (S.D.N.Y.).
• Successful representation of investment fund in defense of Section 16(b) short-swing trading claims. Levy v. OZ Master Fund, et al. (S.D.N.Y.).

M&A Litigation

• Successfully represented private equity fund in achieving voluntary dismissal of aiding and abetting breach of fiduciary duty claims in connection with take-private M&A transaction. Tangoe Takeover Litigation (Del. Ch.).
• Represented private equity fund acquirer of a public company in M&A class action shareholder lawsuits alleging breach of fiduciary duties and securities law violations. Tellabs Takeover Litigation (N.D. Ill.).
• Representations of numerous buyers and sellers in private post-acquisition disputes, including working capital disputes and matters concerning alleged breaches of deal-related representations and warranties.

Arbitration

• Achieved complete victory for financial restructuring firm in AAA arbitration in dispute with former partner.
• Representation in JAMS arbitration of hedge fund in dispute regarding revenue share agreement.
• Representation in JAMS arbitration of private investment fund in defense of an $11 million breach of contract claim in alleged “finder’s fee” case.
• Representation in AAA arbitration of private equity fund seller in $29 million purchase price adjustment matter.
• Represented Big Four accounting firm in AAA arbitration in connection with the accounting firm’s internal investigation regarding potential liability relating to relevant audit.
• Successful representation in ad hoc arbitration of investment fund in dispute over value of warrants.

Commercial/Business Litigation Disputes

• Successfully represented insurance company in dispute concerning liability for vehicle service contract obligations following Chrysler bankruptcy. Chrysler Group v. CorePointe Insurance Company (Michigan State Court).
• Successful defense of claims brought under an alter ego/piercing the corporate veil theory against private equity client concerning obligations of a portfolio company. Case resulted in a dismissal of claims at the pleadings stage.
• Representation of broker-dealer in dispute with individual claiming to be a member of the broker-dealer LLC. Brownstone Investment Group LLC v. Levey (S.D.N.Y.).
• Successful representation of litigation funding company in dispute with competitor concerning misappropriation of trade secrets.

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