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William T. Russell, Jr.

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.

June 18, 2014 | New York Law Journal

Preserving Issues for Appellate Review

In their New York Court of Appeals Roundup, Roy L. Reardon and William T. Russell Jr. discusses cases involving the application of various criminal statutes to an Internet harassment campaign, the standard for preserving issues for appellate review and the question of when a municipality is acting in a proprietary capacity for purposes of a negligence claim.

By Roy L. Reardon and William T. Russell Jr.

14 minute read

May 21, 2014 | New York Law Journal

Fraud on the Court, Forum Non Conveniens, Breathalyzer

In their New York Court of Appeals Roundup, Roy L. Reardon and William T. Russell Jr. address cases concerning the appropriate standard for finding that a litigant has perpetrated a fraud on the court, a court's authority to dismiss on the basis of forum non conveniens absent a formal motion to do so, and a driving-under-the-influence suspect's right to communicate with counsel prior to submitting to a chemical breath test.

By Roy L. Reardon and William T. Russell Jr.

12 minute read

April 16, 2014 | New York Law Journal

Attorney Fees, Lost Profits, Products Liability

In their New York Court of Appeals Roundup, Roy L. Reardon and William T. Russell Jr., partners at Simpson Thacher & Bartlett, discuss a matter in which the court adopted the approach used by federal courts in determining the proper measure of attorney fees in contingency fee cases where the client is also awarded statutory attorney fees, along with other recent decisions.

By Roy L. Reardon and William T. Russell Jr.

13 minute read

March 19, 2014 | New York Law Journal

Confessions and Police Deception; Rare Reversal in 'K2'

In their New York Court of Appeals Roundup, Roy L. Reardon and William T. Russell Jr., discuss a criminal matter in which the Court of Appeals ruled that a confession obtained as a result of police deception of the defendant was inadmissible. They also address two insurance cases, one of which represents a rare reversal by the court on reargument of a decision that it rendered last year.

By Roy L. Reardon and William T. Russell Jr.

12 minute read

January 21, 2014 | New York Law Journal

Medical Monitoring, Shield Law for Journalists, Bidding at Auction

In their New York Court of Appeals Roundup, Simpson Thacher & Bartlett partners Roy L. Reardon and William T. Russell Jr. discuss three decisions handed down in December where the court found that the statute of frauds did not enable a successful auction bidder with "buyer's remorse" to avoid his obligation to complete the purchase, applied New York's journalistic shield law to protect a reporter from being required to disclose her sources in an action brought in Colorado, and declined to recognize a cause of action for medical monitoring.

By Roy L. Reardon and William T. Russell Jr.

13 minute read

December 18, 2013 | New York Law Journal

Lost Art, Debtor Action, 1993 Trade Center Bombing

In their New York Court of Appeals Roundup, Simpson Thacher & Bartlett partners Roy L. Reardon and William T. Russell Jr. write: The Court of Appeals has issued a large number of decisions in recent weeks, including cases addressing the return of an ancient artifact looted from a German museum during World War II, the finality of a judgment arising out of the 1993 World Trade Center bombing, and the existence of a private right of action under the Exempt Income Protection Act of 2008.

By Roy L. Reardon and William T. Russell Jr.

13 minute read

November 19, 2013 | New York Law Journal

Third Parties and Negligence; Discovery Sanction; Uncharged Crime

In their New York Court of Appeals Roundup, Roy L. Reardon and William T. Russell Jr., partners at Simpson Thacher & Bartlett, discuss cases involving the scope of a drug testing laboratory's liability to third parties who are negatively affected by the lab's negligence, the introduction of evidence of an uncharged crime, and more.

By Roy L. Reardon and William T. Russell Jr.

14 minute read

April 17, 2013 | New York Law Journal

The Court of Appeals Is All but Complete Again

In their New York Court of Appeals Roundup, Simpson Thacher & Bartlett partners Roy L. Reardon and William T. Russell Jr. review Judge Jenny Rivera's first majority opinion, a decision on the measure of a seller's damage for a buyer's breach of contract to buy real property and a ruling on the constitutionality of a section of the tax law relating to the collection of sales tax on Internet purchases.

By Roy L. Reardon and William T. Russell Jr.

10 minute read

July 17, 2013 | New York Law Journal

Adding Clarity to Constitutional Limits on GPS Tracking Devices

In their New York Court of Appeals Roundup, Simpson Thacher & Bartlett partners Roy L. Reardon and William T. Russell Jr. review recent decisions in which the court dealt with the recurring issue of whether tortious conduct of government agencies is proprietary or part of a government function, determined that one of its own precedents had been wrongly decided 36 years earlier, and more.

By Roy L. Reardon and William T. Russell Jr.

13 minute read

March 20, 2013 | New York Law Journal

Defibrillators, Paid Fact Testimony, Consecutive Sentences

In their New York Court of Appeals Roundup, Roy L. Reardon and William T. Russell Jr., partners at Simpson Thacher & Bartlett, discuss an appeal concerning the effect of Section 627-a of the General Business Law and other cases.

By Roy L. Reardon and William T. Russell Jr.

11 minute read