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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.

March 15, 2022 | New York Law Journal

Court Decides Issue of License Revocation After Driver Refuses Blood Test

The Court of Appeals in 'Matter of Endara-Caicedo v. NYS Department of Motor Vehicles' recently addressed the circumstances in which a motorist will be subject to revocation of her driver's license for refusing to submit to a chemical blood alcohol test. The majority held that a motorist cannot avoid revocation even when the request to submit to a test takes place more than two hours after the arrest.

By Linton Mann III and William T. Russell Jr.

7 minute read

February 15, 2022 | New York Law Journal

'Wilkins' Addresses Waiver of Right To Be Present at Sidebar Conference

In 'People v. Wilkins', the Court of Appeals considered whether a defendant can retroactively waive his right to be present at a sidebar conference where the trial court questions a prospective juror concerning issues of potential bias or hostility.

By Linton Mann III and William T. Russell Jr.

7 minute read

January 18, 2022 | New York Law Journal

Forum Non Conveniens Motions Remain Subject To Court Discretion

In 'Estate of Kainer, et al. v. UBS AG et al.', the court affirmed the dismissal of a case on forum non conveniens grounds and, in doing so, reaffirmed that forum non conveniens motions are subject to the broad discretion of the trial court.

By Linton Mann III and William T. Russell Jr.

7 minute read

December 14, 2021 | New York Law Journal

In 'Powell', Court Reaffirms Admissibility of Expert Testimony on False Confessions

In this edition of their New York Court of Appeals Roundup, Linton Mann III and William T. Russell Jr. examine a recent decision in which the court reaffirmed that expert testimony may be admitted regarding the factors associated with false confessions and that the admissibility of such testimony should be left to the discretion of the trial court.

By Linton Mann III and William T. Russell Jr.

11 minute read

November 16, 2021 | New York Law Journal

'Adar Bays' Clarifies Usury Law Application

In this edition of their New York Court of Appeals Roundup, Linton Mann III and William T. Russell Jr. discuss 'Adar Bays v. GeneSys ID,' where the court recently clarified the application of state usury laws to corporations and to stock conversion options.

By Linton Mann III and William T. Russell Jr.

6 minute read

October 19, 2021 | New York Law Journal

'Aybar' Resolves General Jurisdiction Issue for New York

In this edition of their New York Court of Appeals Roundup, Linton Mann III and William T. Russell Jr. discuss 'Aybar v. Aybar,' where the Court of Appeals considered whether a foreign corporation consents to general jurisdiction by New York courts when the corporation registers to do business and designates a local agent for service of process in New York in accordance with the requirements of New York's Business Corporation Law.

By Linton Mann III and William T. Russell Jr.

9 minute read

July 20, 2021 | New York Law Journal

'Simmons' Clarifies Confusing Preclusion Issues

In this edition of their New York Court of Appeals Roundup, Linton Mann III and William T. Russell Jr. discuss 'Simmons v. Trans Express,' where the court clarified the extent to which a small claims judgment will have preclusive effect in subsequent actions and also addressed the difference between res judicata and collateral estoppel—an issue that has plagued generations of first-year law students.

By Linton Mann III and William T. Russell Jr.

6 minute read

June 15, 2021 | New York Law Journal

Scope of Deception Prohibition at Issue in Legal Publishing Case

In their New York Court of Appeals Roundup, Linton Mann III and William T. Russell Jr. discuss Himmelstein v. Matthew Bender & Co., where the court recently considered the scope of the General Business Law's prohibition of deceptive acts or practices in a case against legal publisher Matthew Bender & Company.

By Linton Mann III and William T. Russell Jr.

8 minute read

May 18, 2021 | New York Law Journal

Trail Construction Violates 'Forever Wild' Provision of State Constitution

The Court of Appeals recently considered a unique provision of the New York State Constitution—the "Forever Wild" provision—in a case involving the construction of 27 miles of snowmobile trails in the Adirondack State Park. In their Court of Appeals Roundup, Linton Mann III and William T. Russell Jr. discuss the case and how the The majority/dissent split in it illustrates the problem created by unfilled vacancies on the court.

By Linton Mann III and William T. Russell Jr.

7 minute read

March 16, 2021 | New York Law Journal

Individual Owner Not Vicariously Liable as 'Employer' Under NYCHRL

In their New York Court of Appeals Roundup, Linton Mann III and William T. Russell Jr. discuss 'Doe v. Bloomberg, L.P.', in which the court upheld the dismissal of claims against former New York City Mayor Michael Bloomberg and made clear that individual owners of a company may not be held vicariously liable as "employers" under the New York City Human Rights Law.

By Linton Mann III and William T. Russell Jr.

7 minute read