Andrew G. Russell

Andrew concentrates his practice in the areas of securities and corporate law. Andrew provides counsel on a broad spectrum of matters including private and public securities offerings, mergers and acquisitions, contracts, corporate governance and private equity funds. Andrew also advises broker-dealers and investment advisers on compliance matters.

Prior to joining Gusrae Kaplan, Andrew practiced in the corporate department of Golenbock, Eiseman, Assor, Bell & Peskoe.

Andrew received his undergraduate degree, cum laude, from Colgate University and his law degree from Washington University in St. Louis. Andrew received his MBA from Queen’s University in Kingston, Ontario. Andrew is a member of the New York Bar.

Contact

(212) 269-1400

arussell@gusraekaplan.com

Education

J.D., Washington University School of Law, 1993

M.B.A., Queen’s University, 1988

A.B., cum laude, Colgate University, 1983

admissions

New Jersey, 1993

New York, 1994

professional associations

New York State Bar Association

American Bar Association

Representative Matters

Coordinated defense of action brought by FINRA (then-NASD) to enforce collection of its disciplinary fine, causing case to be thrown out of state court by the New York Court of Appeals (state’s highest court), whereupon filed for client a declaratory judgment action in federal district court, ultimately successful at the United States Court of Appeals in Manhattan by landmark ruling that while FINRA can impose a fine, it cannot enforce collection of its fines.

Successfully represented minority owner in over-the-counter pharmaceutical company in corporate dissolution action and valuation trial in New York State court, obtaining seven-figure recovery and an additional six-figure recovery on appeal.

Defended brokerage firm principal in NASD disciplinary proceeding, appeal within NASD, review at SEC, and win at United States Court of Appeals in Manhattan reversing and vacating all sanctions, with prejudice.

Defended short-seller brokerage firm and principal in large complex multi-party NASD disciplinary proceeding, reportedly involving one of the largest records in such proceedings.

Represented victims of multimillion dollar selling-away scheme by Merrill Lynch broker, obtaining NYSE arbitration award said to be second-largest of the year.

Represented claimant in NYSE arbitration against Merrill Lynch for investment in European Collars, resulting in award said to be third-largest of NYSE arbitration that year.

Represented victim of securities fraud scheme, successfully attaching bail funds and establishing at the United States Court of Appeals in Manhattan the validity of attaching bail in related civil cases.

Defended broker at major broker-dealer in NASD arbitration, successfully challenging the ongoing arbitration in court, where the United States Court of Appeals in Manhattan agreed there were fact issues as to whether claimants were customers, reversing the court below and effectively removing client from the arbitration, leaving the firms to settle with claimants in a manner that included client within its scope.

Represented trader in suit against trading firm, through hard-fought bench trial, in New York State Supreme Court Commercial Division, obtaining judgment in client’s favor.

Successfully and intensively lobbied the NYSE and SEC for NYSE to issue an immediately effective rule change interpreting a prior rule in a manner highly favorable to brokerage firm client.

Represented successor to one of the largest discount brokerage firms on the West Coast, and its key employees, in litigation in New York State Supreme Court Commercial Division, seeking performance payments due after sale of firm to Toronto-Dominion Bank, resulting in favorable settlement.

Defended short-selling firm in SIPC liquidation adversary proceeding involving forced buy-ins and plenary claims.

Took over defense of day-trading brokerage firm in out-of-state suit by its data processing provider, coordinated federal bankruptcy filing, removing dispute to bankruptcy court in New York, and by motion there successfully limited damages, while coordinating countersuit by clearing firm against data processing firm.

Represented minority shareholders in action seeking corporate dissolution and derivative claims against an independent fuel oil distributor in the New York Metropolitan area.  The minority shareholders continue to be represented by the firm in connection with their ownership interests.