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.

November 13, 2019 | New York Law Journal

Class Action Claims Prematurely Dismissed: 'Maddicks'

In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. discuss the recent decision in 'Maddicks v. Big City Properties', a landlord-tenant action in which the court addressed the issue of whether it is appropriate to dismiss class action claims at the motion to dismiss stage.

By Lynn K. Neuner and William T. Russell Jr.

7 minute read

July 16, 2019 | New York Law Journal

Scanned Ballots Protected From Disclosure: 'Matter of Kosmider'

In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. discuss 'In the Matter of Kosmider v. Whitney', in which the Court of Appeals determined that there is no basis to distinguish between scanned images and paper ballots under Election Law §3-222, which restricts the disclosure of ballots for the two years after an election.

By Lynn K. Neuner and William T. Russell Jr.

8 minute read

June 18, 2019 | New York Law Journal

Freedom to Contract, Public Policy and 'Yellowstone'

In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. discuss a recent real estate decision showcasing a debate on the freedom to contract and the circumstances under which parties' negotiated contract terms will be disregarded based on public policy grounds.

By Lynn K. Neuner and William T. Russell Jr.

8 minute read

March 13, 2019 | New York Law Journal

Detainee Call Recordings May Be Used in Prosecutions: 'People v. Diaz'

In their New York Court of Appeals Roundup, William T. Russell Jr. and Lynn K. Neuner discuss 'People v. Diaz', in which the Court of Appeals recently issued a decision with important implications for the privacy concerns of individuals in pretrial detention.

By Lynn K. Neuner and William T. Russell Jr.

7 minute read

January 15, 2019 | New York Law Journal

FOIL and Confidentiality of Law Enforcement Personnel Records

In their New York Court of Appeals Roundup, William T. Russell Jr. and Lynn K. Neuner discuss a recent decision in which the court rejected a FOIL request by the New York Civil Liberties Union for certain New York Police Department disciplinary records on the grounds that they are exempted from disclosure by §50-a of the Civil Rights Law.

By William T. Russell Jr. and Lynn K. Neuner

7 minute read

December 18, 2018 | New York Law Journal

A Review of 'New York City Asbestos Litigation, Juni v. Ford'

In their New York Court of Appeals Roundup, William T. Russell Jr. and Lynn K. Neuner discuss a recent significant ruling on expert proof in the asbestos arena, in which the Court of Appeals held that the plaintiff in a mesothelioma case had not provided sufficient evidence of causation and affirming the vacatur of an $11 million jury award.

By William T. Russell Jr. and Lynn K. Neuner

6 minute read

November 14, 2018 | New York Law Journal

Latest Decision Reaffirms RMBS Statute of Limitations Principle

In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. discuss 'Deutsche Bank National Trust Company v. Flagstar Capital Markets Corporation', the latest in a series of decisions construing the application of New York's statute of limitations to residential mortgage backed securities (RMBS) claims.

By Lynn K. Neuner and William T. Russell Jr.

8 minute read

July 17, 2018 | New York Law Journal

A Review of 'Ambac Assurance Corp. v. Countrywide Home Loans'

In their New York Court of Appeals Roundup, William T. Russell Jr. and Lynn K. Neuner analyze an important decision in the residential mortgage-backed securities litigation saga.

By William T. Russell Jr. and Lynn K. Neuner

1 minute read

May 16, 2018 | New York Law Journal

Court Applies Pre-Digital Age Law to Digital Age Technology

In their New York Court of Appeals Roundup column, Lynn K. Neuner and William T. Russell Jr. discuss 'People v. Aleynikov,' where the Court of Appeals addressed the question of whether intellectual property such as computer source code becomes “tangible” when it is saved to a computer hard drive.

By Lynn K. Neuner and William T. Russell Jr.

6 minute read

April 17, 2018 | New York Law Journal

A Review of 'Rodriguez v. City of New York'

In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. discuss a fascinating 4-3 split decision in which the Court of Appeals has tackled what one judge has called “a vexing issue regarding comparative fault”—namely, whether a tort plaintiff must establish that there are no material disputed facts about whether he or she was comparatively negligent in order to prevail on a motion for partial summary judgment as to a defendant's liability.

By Lynn K. Neuner and William T. Russell Jr.

8 minute read

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