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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.

May 19, 2015 | New York Law Journal

Decision to Rescind Law School Admission Upheld

In their New York Court of Appeals Roundup, Roy L. Reardon and William T. Russell Jr. discuss cases in which the court affirmed the dismissal of an Article 78 proceeding challenging the decision of St. John's University School of Law to rescind the admission of one of its students, upheld a police stop based on the officer's reasonable but mistaken understanding of the law, and affirmed the dismissal of a challenge to New York's regulatory system for stormwater discharges.

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

11 minute read

April 15, 2015 | New York Law Journal

In-State Law Office Requirement for Non-Resident Attorneys

In their New York Court of Appeals Roundup, Roy L. Reardon and William T. Russell Jr. discuss two cases addressing questions certified by the Second Circuit, one responding to a question as to whether a non-resident lawyer must maintain a physical office in the state in order to practice here and one responding to a question of contractual interpretation of an oil and gas lease in the context of the 2008 moratorium on "fracking."

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

11 minute read

April 14, 2015 | New York Law Journal

In-State Law Office Requirement for Non-Resident Attorneys

In their New York Court of Appeals Roundup, Roy L. Reardon and William T. Russell Jr. discuss two cases addressing questions certified by the Second Circuit, one responding to a question as to whether a non-resident lawyer must maintain a physical office in the state in order to practice here and one responding to a question of contractual interpretation of an oil and gas lease in the context of the 2008 moratorium on "fracking."

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

11 minute read

March 18, 2015 | New York Law Journal

Collateral Estoppel Not Applied in Attorney Discipline Action

In their New York Court of Appeals Roundup, Roy L. Reardon and William T. Russell Jr. discuss cases applying the defamation privilege to pre-litigation statements and addressing the application of collateral estoppel in attorney disciplinary actions, along with a case construing an "ensuing loss" clause in an insurance coverage dispute concerning damage resulting from broken water pipes.

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

13 minute read

March 17, 2015 | New York Law Journal

Collateral Estoppel Not Applied in Attorney Discipline Action

In their New York Court of Appeals Roundup, Roy L. Reardon and William T. Russell Jr. discuss cases applying the defamation privilege to pre-litigation statements and addressing the application of collateral estoppel in attorney disciplinary actions, along with a case construing an "ensuing loss" clause in an insurance coverage dispute concerning damage resulting from broken water pipes.

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

13 minute read

January 21, 2015 | New York Law Journal

Noteworthy Criminal Cases; Sovereign Immunity Issue

In their New York Court of Appeals Roundup, Roy L. Reardon and William T. Russell Jr. discuss two unusual criminal cases. In one case, the court overturned an almost 40-year-old rule limiting its review of certain discretionary orders denying motions to vacate judgments. In the other case, a highly divided court issued an unsigned memorandum decision determining whether an anonymous tip provided a sufficient basis to find reasonable suspicion for a police stop.

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

13 minute read

January 20, 2015 | New York Law Journal

Noteworthy Criminal Cases; Sovereign Immunity Issue

In their New York Court of Appeals Roundup, Roy L. Reardon and William T. Russell Jr. discuss two unusual criminal cases. In one case, the court overturned an almost 40-year-old rule limiting its review of certain discretionary orders denying motions to vacate judgments. In the other case, a highly divided court issued an unsigned memorandum decision determining whether an anonymous tip provided a sufficient basis to find reasonable suspicion for a police stop.

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

13 minute read

December 17, 2014 | New York Law Journal

Bankruptcy Case Involving Rent-Stabilized Lease

In their New York Court of Appeals Roundup, Roy L. Reardon and William T. Russell Jr. discuss cases addressing the reach of New York's long-arm jurisdiction statute and the question of whether a rent-stabilized lease represents a public benefit that is protected in a personal bankruptcy proceeding, along with a case in which the court affirmed the reversal of the first conviction for a hate crime murder involving a transgender victim on the basis of the inconsistency of the verdict.

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

14 minute read

November 19, 2014 | New York Law Journal

Legal Malpractice Claim, Defamation, Separate Entity Rule

In their New York Court of Appeals Roundup, Roy L. Reardon and William T. Russell Jr. discuss cases involving the preservation of a legal malpractice claim and when a statement represents an assertion of fact or opinion for purposes of a defamation claim, along with a recent decision with implications for New York's status as a global financial center.

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

12 minute read

July 16, 2014 | New York Law Journal

Sugary Drinks, Hydrofracking, 'Unfinished Business'

In their New York Court of Appeals Roundup, Roy L. Reardon and William T. Russell Jr. discuss a decision that struck down New York City's limits on the sale of soda and other sugary drinks in large containers, upheld the use of local zoning laws to effectively ban "hydrofracking" and ruled that a dissolved law firm is not entitled to post-dissolution profits earned on work performed on a non-contingency fee basis.

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

13 minute read