William T. Russell, Jr.

Bill Russell is a Partner at Simpson Thacher & Bartlett LLP in the Firm’s Litigation Department. He represents clients in a wide variety of commercial disputes including banking litigation, bankruptcy and reorganization matters, securities litigation, and contractual and transactional disputes, and has tried cases in state and federal courts, as well as in arbitral proceedings. His clients include leading financial institutions, private equity sponsors, corporations and other businesses. He has handled cases involving derivative transactions, residential mortgage-backed securities, secured lending syndicates, M&A transactions, Ponzi schemes, apparel licensing agreements, and auction rate securities, among other issues. He was one of the leaders of the defense group in Adelphia Recovery Trust v. Bank of America, et al. and led the negotiations that resulted in a settlement of that litigation for a small fraction of the claimed damages. He also recently represented one of the lead creditors in the In re Jefferson County Chapter 9 proceedings that, at the time, were the largest municipal bankruptcy proceedings in U.S. history. He also recently obtained a $168 million judgment for a large financial institution in a case involving an interest rate derivative transaction with a Brazilian manufacturing concern and is currently representing a number of financial institutions in connection with claims arising out of their issuance of residential mortgage-backed securities. He maintains an active pro bono practice and served as Co-Chair of the Firm’s Pro Bono Committee for almost 10 years. He has represented pro bono clients in a number of areas including housing, education and discrimination matters. He represented the Campaign for Fiscal Equity in its successful constitutional challenge to the public education funding system in New York State. He has been awarded the Legal Aid Society’s Award for Outstanding Pro Bono Service and Manhattan Legal Service’s Visionary Leadership Award in connection with his pro bono and public service efforts. Bill is a member of the American Law Institute; former Chair of the New York City Bar Association’s Committee on Pro Bono and Legal Services and member of its delegation to the New York State Bar Association’s House of Delegates and current Chair of its Special Committee on Legal Services Awards; former Chairman of the Board of Manhattan Legal Services; a member of the Advisory Board of Legal Outreach, Inc.; a member of the Board of the National Center for Access to Justice and the Board of Legal Services NYC; co-chair of the New York State Bar Association’s President’s Committee on Access to Justice and a member of its Special Committee on Student Loan Assistance for the Public Interest; and a former member of the Board of Directors of the Lawyers Alliance for New York. He was selected as a David Rockefeller Fellow for 2000–2001. He currently serves as a Panel Chair on the Disciplinary Committee for the First Judicial Department and was appointed by New York State Court of Appeals Chief Judge Jonathan Lippman to the Chief Judge’s Attorney Emeritus Council. Bill was a featured speaker at the 2012 and 2014 Southeastern Bankruptcy Law Institutes. He is co-author of the monthly column “New York Court of Appeals Roundup” appearing in the New York Law Journal, which discusses significant decisions by New York’s highest court. He has been recognized as a “litigation star” in Euromoney’s Benchmark Litigation, recognized by The Legal 500, and named in New York Super Lawyers. Bill joined Simpson Thacher in 1990 and became a Partner in 1999. He received his A.B., magna cum laude, from Princeton University in 1987 and his J.D. from New York University School of Law in 1990. He is admitted to practice before the Southern, Eastern and Northern District Courts of New York, the United States District of Arizona, the United States Court of Appeals for the Second and Fourth Circuits, the United States Supreme Court and all Courts of the State of New York.

July 16, 2024 | New York Law Journal

Court of Appeals Tackles International Business Dispute in 'Eccles v. Shamrock Capital Advisers'

The Court of Appeals recently handed down a significant decision that clarified the choice-of-law principles governing alleged breaches of fiduciary duties in international business disputes. The case questioned whether Scottish law or New York law should govern the fiduciary duty claims that arose from the merger.

By Linton Mann III and William T. Russell Jr.

8 minute read

May 14, 2024 | New York Law Journal

Court of Appeals Overturns Weinstein Criminal Conviction

The Court of Appeals recently overturned the criminal conviction of Hollywood producer Harvey Weinstein. The majority opinion reversed a decision of the Appellate Division, First Department that had affirmed Weinstein's conviction. There were two strongly worded dissents by Judges Singas and Cannataro.

By Linton Mann III and William T. Russell Jr.

7 minute read

April 16, 2024 | New York Law Journal

Nonresidents Protected From Employment Discrimination by NY Human Rights Laws

In a unanimous decision in 'Syeed v. Bloomberg', the Court of Appeals answered a certified question from the Second Circuit by holding that the New York City and New York State Human Rights Laws banning employment discrimination protect out-of-state residents who are not yet located or employed in New York but who sought an opportunity to work in New York.

By Linton Mann III and William T. Russell Jr.

7 minute read

March 19, 2024 | New York Law Journal

Policies Covering Direct Physical Loss Do Not Apply to COVID Business Interruption Losses

The Court of Appeals recently clarified that insurance policies providing coverage for "direct physical loss or damage" to an insured's premises do not apply to business interruption losses sustained as a result of COVID-19 absent some actual, material alteration to those premises or a complete and persistent dispossession from the premises.

By Linton Mann III and William T. Russell Jr.

5 minute read

February 20, 2024 | New York Law Journal

Court of Appeals Weighs in on Reasonable Suspicion

The Court of Appeals had a relatively quiet January and released four opinions. In 'People v. Messano', it considered whether the police had reasonable suspicion to detain the defendant and whether the People met their burden of showing that drug-related contraband should not be suppressed because the evidence was in plain view.

By Linton Mann III and William T. Russell Jr.

8 minute read

January 16, 2024 | New York Law Journal

Use of Police Dogs Constitutes Search Implicating Fourth Amendment Protections

In 'People v. Butler', the Court of Appeals recently decided an issue of first impression concerning the use of police dogs to detect the presence of illegal drugs on a suspect's body. In a unanimous opinion, it ruled that the use of a narcotics-detecting dog to sniff a suspect's body for evidence of a crime constitutes a search for purposes of the Fourth Amendment.

By Linton Mann III and William T. Russell Jr.

7 minute read

January 12, 2024 | New York Law Journal

Tackling Homelessness in New York State

William T. Russell Jr., chair of the Task Force on Homelessness and the Law, writes: Because there is no single cause of homelessness, the Task Force has created multiple subcommittees to focus on distinct areas of law and policy.

By William T. Russell Jr., Chair, Task Force on Homelessness and the Law

3 minute read

December 19, 2023 | New York Law Journal

In a Very Productive Month, Court Tackles Search and Seizure and Police Misconduct

The New York Court of Appeals released 18 opinions in November, the most in a single month in more than four years. One such opinion was 'People v. Cuencas' , in which the Court of Appeals considered whether the police had a reasonable basis to believe that a third party provided consent to enter a premises where the police found and arrested the defendants without a warrant.

By Linton Mann III and William T. Russell Jr.

10 minute read

November 14, 2023 | New York Law Journal

Court of Appeals Addresses Constitutionality of N.Y.P.D. Vehicle Inventory Search Protocol

This article addresses 'People v. Douglas', a case in which the Court of Appeals recently addressed the constitutionality of the N.Y.P.D.'s protocol for inventory searches of vehicles, which represents one of the exceptions to the general rule that police must obtain a warrant before conducting a search.

By Linton Mann III and William T. Russell Jr.

5 minute read

July 18, 2023 | New York Law Journal

Court of Appeals Considers Scope of Employer's Duty of Supervision Over Employee

In Moore Charitable Foundation v. PJT Partners, the Court of Appeals considered the scope of an employer's duty of supervision over its employee and whether a complaint sufficiently alleged that an employer was on notice of its employee's propensity to commit fraud before the employee caused injury to the plaintiff. I

By Linton Mann III and William T. Russell Jr.

7 minute read

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