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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 14, 2018 | New York Law Journal

Discoverability of Non-Public Information on Social Media

In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. discuss 'Forman v. Henkin', a unanimous decision in which the court held that the normal rules of discovery applied to a party's social media posts and the mere fact that certain information had been designated “private” did not require a higher or different discovery standard.

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

6 minute read

January 16, 2018 | New York Law Journal

Cross-Racial Witness Identification: A Review of 'People v. Boone'

In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. discuss 'People v. Boone', in which the Court of Appeals held that, in a case in which a witness's identification of the defendant is at issue, and the identifying witness and defendant appear to be of different races, a trial court is required to give, upon request, a jury charge on the cross-race effect during final instructions.

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

8 minute read

December 19, 2017 | New York Law Journal

Court Clarifies Requirements for Actions Against Cayman Islands Companies

In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. discuss a case in which the Court of Appeals clarified the requirements for plaintiffs seeking to bring shareholder derivative actions against Cayman Islands companies in New York State courts.

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

6 minute read

November 14, 2017 | New York Law Journal

Court Decides Case Closely Watched by Real Estate Industry

In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. discuss 'Princes Point v. Muss Development', in which the Court of Appeals ruled that the filing of a suit to rescind or reform a contact did not under the circumstances constitute an anticipatory breach of that contract.

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

15 minute read

October 16, 2017 | New York Law Journal

A Review of 'Myers v. Schneiderman'

In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. write: The constellation of opinions in Myers reinforces historical statutes, cases, a State Task Force, and legislative activity that all come out in support of imposing criminal penalties in New York on individuals, including physicians, who intentionally act to aid a person in committing suicide.

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

8 minute read

July 18, 2017 | New York Law Journal

Court Tackles State Public Education Funding in Two Cases

In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. write that at the end of last month, the Court of Appeals addressed once again the issue of adequate state funding for public education, dismissing plaintiffs' statewide challenges to the system, but permitting certain claims to proceed solely to the extent that they relate to circumstances in Syracuse and New York City.

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

14 minute read

June 20, 2017 | New York Law Journal

'Matter of Avella v. City of New York': A Review

In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. discuss an appeal arising out of the proposed development at the former Shea Stadium site. The majority ruled that the development known as "Willets West" cannot proceed because the legislature has not clearly and expressly provided that the parkland underlying the development site can be freed from serving as a park space, as is required under the public trust doctrine, while Chief Judge Janet DiFiore reached the opposite conclusion.

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

14 minute read

May 16, 2017 | New York Law Journal

A Review of 'People v. Bushey'

In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. examine a case in which the court ruled that law enforcement officers may check a vehicle's license plate number and access any information in a DMV database regarding whether the vehicle's registration is in compliance with the law, without any other suspicion regarding the car or its driver.

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

11 minute read

April 18, 2017 | New York Law Journal

Court Declines Opportunity to Provide Greater Privacy to Social Media Accounts

In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. discuss Facebook's challenge to the ability of a state prosecutor's office to obtain information concerning its subscribers' social media accounts.

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

11 minute read

March 14, 2017 | New York Law Journal

Court Tackles Apportionment Issue Involving the State and a Private Party

In their New York Court of Appeals Roundup, Lynn K. Neuner and William T. Russell Jr. discuss a recent decision in which the court held that a non-state defendant is not entitled to apportion fault to the state where a private party and the state are alleged to be jointly liable for a personal injury plaintiff's non-economic losses.

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

11 minute read