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Successor Liability in an Asset Purchase or Business Acquisition - Evaluating and Managing the Risk

Speaker(s): Asher Rivner, B. Andrew Bednark, Bill Sushon, Daniel L. Cantor, Jonathan Rosenberg
Recorded on: Feb. 9, 2021
PLI Program #: 319613

Andy Bednark litigates high-stakes securities, mergers-andacquisitions, corporate-governance, and complex commercial cases in state and federal courts and arbitration forums throughout the country, including extensive experience in FINRAarbitrations. He regularly represents securities issuers, underwriters, broker-dealers, M&A advisors, and investment partnerships, with particular emphasis on advising financial institutions in disputes both inside and outside of litigation. In 2012 and 2013, Andy was recognized by his peers as a securities litigation “Rising Star” on Thomson Reuters’ annual survey.

Asher Rivner specializes in securities, breach of fiduciary duties, bondholder, bankruptcy-related, and general commercial litigation. Asher also advises financial institutions, private equity firms, and large corporations on structuring transactions to minimize litigation risks. Asher has received two awards from the Legal Aid Society for his pro bono work. Building off of years of experience in his legal profession, Asher is firmly dedicated to his practice and his clients. He provides sound, strategic advice to clients and develops creative solutions to their most pressing matters.

Bill Sushon focuses on securities class actions, shareholder derivative lawsuits, hostile takeover litigation, partnership disputes, breach-of-contract actions, bankruptcy litigation and a host of other matters. He has appeared in state and federal courts throughout the country on behalf of Fortune 100 companies, their officers and directors, alternative-asset management entities, investment partnerships, underwriters, and other sophisticated commercial clients.

Over the years, Bill has also developed a significant practice advising clients on litigation avoidance strategies and disclosure issues, as well as litigation advice in complex mergers and acquisitions and other corporate transactions. For example, Bill has advised several potential acquirers in their efforts to terminate merger agreements under material adverse effect clauses. He has also given pre-litigation advice to several major financial institutions in disputes concerning securities-lending programs, collateralized debt obligations, mortgage-backed securities, and similar investments.

Dan Cantor is a versatile commercial litigator representing entities of all sizes, as well as individuals. His experience spans contract disputes, federal securities and common law fraud actions, regulatory investigations, corporate governance disputes, insurance and reinsurance coverage disputes, and employment matters. Dan has worked extensively with financial institutions, representing them in securities litigation, securities sales practice disputes, lender liability disputes, investment banking disputes, hiring/raiding disputes, and employment disputes. He has appeared before state and federal courts as well as alternative dispute resolution organizations.

Jonathan Rosenberg, firmwide Co-Chair of the Securities Litigation Practice, is a trial lawyer who focuses on securities, M&A, derivative, insurance-coverage, and other complex commercial litigation, as well as internal investigations and white collar criminal defense. Prior to joining the Firm, Jonathan was an Assistant US Attorney in the Southern District of New York for six years, where he spent two-and-a-half years in the Securities and Commodities Frauds Unit and served as Deputy Chief of the Criminal Division. Jonathan has tried dozens of cases in government and private practice including federal and state jury and bench trials, and has been lead counsel in many FINRA arbitrations. Jonathan has also argued many times before federal and state appellate courts.

Jonathan has been recognized by Chambers USA since 2009, where clients note he is “a best-in-class securities lawyer.” He is recognized in The Legal 500 US as a “Leading Lawyer” for Securities litigation defense. He was recently recognized by  New York Law Journal as a “New York Trailblazer,” and  Benchmark Litigation names him a Securities “Local Litigation Star (NY).” He has also earned the “Litigator of the Week” distinction from The American Lawyer for financial services litigation achievements, and Law360 named him a Securities MVP.