Bruce Clark became a partner of Sullivan & Cromwell in 1980. His practice focuses on corporate litigation, primarily for financial institutions. Over the course of his 30-year career, he has won or resolved dozens of cases. Mr. Clark has defended major insurance companies, banks and other financial institutions in regulatory and civil proceedings, including lender liability, contract and class actions involving securities, insurance fraud and other claims. Mr. Clark joined Sullivan & Cromwell in 1975 after clerking for Judge Edward McLean in the United States District Court for the Southern District of New York. From 1971-1975 he served as a captain in the JAG (Judge Advocate General) Corps of the U.S. Air Force, including three years spent in the Litigation Division at USAF headquarters. Mr. Clark has filed amicus briefs in as many as two-dozen cases many involving funds transfer issues. He has submitted these briefs on behalf of The New York Clearing House Association L.L.C., an association of major commercial banks, and other financial trade associations, at all levels of the federal and state court systems, including the U.S. Courts of Appeals and the U.S. Supreme Court. Mr. Clark is admitted to practice before the U.S. Supreme Court, nine U.S. Circuit Courts of Appeals and U.S. District Courts in New York, Wisconsin and the District of Columbia. He is a past head of the Firm s Bankruptcy Group. Selected Cases Bennett Funding Group - In multiple class actions and a trustee adversary proceeding, Mr. Clark won a settlement for Assicurazioni Generali, Italy s largest insurance company, in connection with a massive Ponzi scheme allegedly relating to fraudulent certificates of insurance. (1996) Oceanways Shipping v. National Gypsum Corporation - In a dispute over the recovery of insurance proceeds for the loss of a ship, Mr. Clark served as lead counsel and obtained an arbitration award in favor of National Gypsum. (2001) Stoneridge v. Banco Popular In a federal shareholder action arising from a regulatory settlement, Mr. Clark won a motion to dismiss on behalf of the bank holding company s directors. (2002) Viacom v. Philips Electronics In a contractual indemnity case stemming from two environmental tort suits brought by employees of a light bulb plant in West Virginia, Mr. Clark served as lead counsel. A motion by Viacom to require Philips to hold Viacom harmless was denied and the order affirmed on appeal. The case is ongoing pending developments in the underlying tort suits. Strong Financial Corp. Mr. Clark was part of a Sullivan & Cromwell team that led the resolution of regulatory investigations of frequent trading in Strong s mutual funds. Mr. Clark is leading the defense of several dozen civil lawsuits against Strong in the multi-district litigation now in federal court in Baltimore. Selected Amicus Briefs Treco (2nd Circuit) - Sought reversal of District Court opinion affirming Bankruptcy Court ruling that a New York bank must turn over its account balances to a liquidator in the Bahamas offering no protection to the bank; decision was reversed. (2000) Chemical Bank v. Affiliated (2nd Circuit) Supported rehearing on a Second Circuit opinion that expanded an insurance broker s ability to bind an insured bank; rehearing granted, decision vacated and remanded with direction to enter judgment for the banks. (1999) Barnett Bank v. Nelson (Supreme Court) In support of granting a writ of certiorari (granted) and in support of petitioner on the merits; held, reversed. Federal law permitting national banks to sell insurance in small towns pre-empted a Florida statute prohibiting such sales. (1995 and 1996) Professional Activities and Community Involvement American Bar Association, Committee on the Uniform Commercial Code and Subcommittee on Letters of Credit, member New York State Bar, Committee on Bankruptcy Law, member New York Law Institute, treasurer and executive board member St. Faith s House Foundation, board member |