Bill Maguireis a partner in the New York office, a member of the Firm's executive committee, and chair of the firm's Litigation practice.
Bill has extensive experience trying complex business, products, and securities cases in state and federal courts, administrative proceedings and arbitrations, in New York, Delaware, Florida, Pennsylvania, Washington, D.C., and Ontario, Canada.
Major representations include the trial of claims arising from the sale of Lehman’s investment banking business, the trial of claims arising from the demise of Nortel Networks, Inc., and many securities cases, including a six-month jury trial. Bill has also tried product liability cases for major consumer products manufacturers, including Lorillard Tobacco Company and Ford Motor Company, in the New York and Florida courts.
The AmLaw Litigation Daily ranked Bill "Litigator of the Week" for his trial work involving Barclays' acquisition of Lehman Brothers' investment banking business. Recent editions of Chambers USA described him as "an extremely astute litigator," "pragmatic and solution-oriented," who "gets to the heart of issues quickly," and as "a master at what he does," who "really distinguishes himself as a top advocate."
Bill is recognized by Chambers USA as one of the leading securities litigation lawyers in the United States and by Benchmark Litigation as a New York "Litigation Star."
Bill is a Fellow of the Litigation Counsel of America.
Contributing author, "Evidence," in Business and Commercial Litigation in Federal Courts, 3rd ed., edited by Robert L. Haig, American Bar Association and Thomson West, 2016
"Current Issues in Federal E-Discovery, Proportionality, International Discovery and Deposition Practice," in Current Developments in Federal Civil Practice 2012, edited by William P. Frank and Jonathan L. Frank, Practising Law Institute, 2012
"Current Developments in Federal Civil Discovery Practice: Setting Reasonable Limits in the Digital Era," in Current Developments in Federal Civil Practice 2010, edited by William P. Frank, Practising Law Institute, April 2010
Contributing author, "Current Issues in Securities Fraud Litigation," in Inside the Minds: Managing Securities Fraud Claims, Leading Lawyers on Case Assessment, Enforcement Trends and Best Practices for an Evolving Regulatory Environment, Aspatore Books, 2009
"To Infer or Not to Infer: The Sixth Circuit Speaks on Scienter," New York Law Journal (March 2005)
Maguire, William, and Sarah Loomis Cave, "Developments Under the Private Securities Litigation Reform Act," Securities Reform Act Litigation Reporter 17 (May 2004): 205
"Private Securities Litigation Reform Act Update," New York Law Journal (March 3, 2004)
"Mareva Injunctions Hit the US," International Commercial Litigation (March 1999)
"Securities Litigation Reform Act Fails to Fulfill Promise or Confirm Fears," New York Law Journal (Dec. 24, 1998)
"Freezing Assets Worldwide: Second Circuit Approves 'Mareva Injunction,'" New York Law Journal (June 18, 1998)
"Securities Litigation Reform Marks Its Second Anniversary," New York Law Journal (Dec. 4, 1997)
"Delorean: Revisiting Professional Liability in the Wake of Reves," New York Law Journal (April 17, 1996), reprinted in RICO Law Reporter 23 (May 1996): 632
"Securities Litigation Reform: The First Anniversary," New York Law Journal (Dec. 12, 1996)
"Securities Fraud After Central Bank," New York Law Journal (June 29, 1995)
"Model Jury Instructions: Securities Litigation," Drafting Committee, ABA Section of Litigation Subcommittee on Accounting Issues (1996)
United States District Court Southern District of New York
United States District Court Eastern District of New York
United States Court of Appeals for the Second Circuit
United States Supreme Court
Lead trial counsel in trial of claims involving $7.3 billion sales in proceeds in Nortel Networks bankruptcy litigation
Lead trial counsel in defense of fraud, conspiracy and products claims in a six-week jury trial in state court in Florida's Escambia County, resulting in a defense verdict
Lead trial counsel in defense of fraud, conspiracy and products claims in a six-week jury trial in Florida's Palm Beach County, resulting in a verdict for the defense on intentional tort claims, and in a plaintiff's verdict on products claims that was reversed and remanded on appeal
Special Situations Fund III QP LP v. Deloitte Touche Tohmatsu CPA Ltd., 33 F. Supp. 3d 401 (S.D.N.Y. 2014): Dismissing securities claims, 96 F. Supp. 3d 325 (S.D.N.Y. 2015): Denying motion to amend, aff'dNo. 15-1813 (2d Cir. 2016)
Oaktree Capital Mgmt. LP v. KPMG, 2013 WL 4006437 (D. Nev. 2013): Dismissing securities action
China MediaExpress Holdings Inc., Shareholders Litigation, 927 F. Supp 2d 215 (S.D.N.Y. 2013): Dismissing securities claims
Lead counsel in a trial of claims arising from the acquisition of Lehman Brothers' investment banking business by Barclays Capital, "Lehman’s Trustee Set for Windfall After Court Ruling on Barclays Deal," Financial Times, Feb. 24, 2011 ($4.8 billion award in favor of Lehman trustee), reversed on appeal, AmLaw Litigation Daily, "Litigator of the Week," June 10, 2011 (interest brings trial award to over $5 billion)
December 2010 – January 2011, lead trial counsel in a trial of audit claims under the Sarbanes-Oxley Act before the Public Company Accounting Oversight Board’s administrative law judge, resulting in a decision dismissing all claims, affirmed on appeal
Weiss v. Twardy, No. 08-0035, __ Fed. Appx. __ (2d Cir. May 22, 2009): Affirming dismissal of a securities action, aff'g In re Priceline.com Inc. Securities Litigation, 2007 WL 274534 (D. Conn. 2007)
Bay Harbour Management LLC v. Carothers, 282 Fed. Appx. 71, 2008 WL 2566557 (2d Cir. 2008), aff'g, Xerion Partners I LLC v. Resurgence Asset Management LLC, 474 F.Supp.2d 505 (S.D.N.Y. 2007): Dismissing securities action
In re National Century Financial Enterprises Inc. Financial Investment Litigation, 2007 WL 2331929 (S.D. Ohio 2007): Investors' claims concerning a bankrupt financing company that issued $4 billion in notes; The Unencumbered Assets Trust v. JPMorgan Chase Bank, 2006 WL 968195 (S.D. Ohio 2006) (related claims by debtor)
In re Scottish Re Group Securities Litigation, 524 F.Supp.2d 370 (S.D.N.Y. 2007): Dismissing a securities fraud claim against the auditor of a reinsurance company
In re Parmalat Securities Litigation, 477 F.Supp.2d 602 (S.D.N.Y. 2007): Dismissing claims by Cayman special purpose entities
Royal Dutch / Shell Transport Securities Litigation, 380 F.Supp.2d 509 (D.N.J. 2005): Securities fraud claims concerning re-categorization of oil reserves; 522 F.Supp. 2d 712 (D.N.J. 2007)
Aflac v. Wendy's International Inc., No. 06 CV 7738 (S.D.N.Y. 2006): Denying a temporary restraining order (TRO) and preliminary injunction concerning Wendy's $4 billion spinoff of its Tim Hortons business
HBO Latin America (S.D.N.Y. 2005): TRO proceedings concerning the termination of satellite signals to cable providers in South America
Fraternity Fund Ltd. v. Beacon Hill Asset Management LLC, 376 F.Supp.2d 443 (S.D.N.Y. 2005): Dismissing securities fraud claims concerning an offshore hedge fund
Kingsway Financial Services Inc. v. PricewaterhouseCoopers LLP, 420 F.Supp.2d 228 (S.D.N.Y. 2005): Securities fraud claims concerning the acquisition of a property and casualty insurer
Official Committee of the Unsecured Creditors of Color Tile Inc. v. Coopers & Lybrand LLP, 322 F.3d 147 (2d Cir. 2003): Affirming dismissal of claims rising out of the failure of an 800-store retail chain
In re Southeast Banking Corp. Loan Loss Reserves Litigation, MDL 1000 (S.D. Fla.): Action concerning a bank failure
Viacom International Inc. v. Kearney, 212 F.3d 721 (2d Cir. 2000): Vacating dismissal of commercial claims asserted under the district court's supplemental jurisdiction
Lehman Bros. v. Tutelar Financiera (S.D.N.Y.): Lead trial counsel in a jury trial of claims concerning commodity trading losses incurred on Japanese yen futures and options
In re Phar-Mor Securities Litigation (W.D. Pa.): Six-month jury trial of securities claims concerning the failure of a 300-store retail chain
Goldhirsch Group Inc. v. Alpert, 107 F.3d 105 (2d Cir. 1997): Reversing the jury verdict for a producer against the publisher of Inc. magazine
Francis v. Coughlin, 891 F.2d 43 (2d Cir. 1989): Civil rights action and jury trial
Wyser-Pratte Management Co. Inc. v. Babcock Borsig AG, 23 A.D.3d 269, 808 N.Y.S.2d 3 (1st Dep’t 2005): Dismissing claims concerning the failed investment in a German manufacturing company under doctrine of forum non conveniens
In re Worldcom Inc., 2003 WL 21488087, Fed. Sec. L. Rep. ¶92,450 (S.D.N.Y. 2003): Dismissing a securities claim against a foreign audit firm
Nappier v. PricewaterhouseCoopers LLP, 227 F.Supp.2d 263 (D.N.J. 2002): Dismissing a securities claim against the auditor of Campbell Soup Corp.
Trovato v. Coopers & Lybrand LLP, 1998 WL 7214 (S.D.N.Y. 1998): Striking allegations under Rule 11
Industrial Acoustics Co. Inc. v. Energy Services Inc., 1995 WL 274416 (S.D.N.Y. 1995): Summary judgment dismissing contract and quantum meruitclaims
The Lindner Fund v. Pennsylvania Enterprises Inc. (E.D. Pa.): Denying a preliminary injunction to enjoin a public offering