Attorneys
Partner

Clerkships

Hon. Roszel C. Thomsen, U.S. District Court, District of Maryland

Education

University of Maryland School of Law, J.D., 1976

  • Order of the Coif
  • Founder and President, International Trade Law Journal

Wesleyan University, B.A., 1971

  • Graduated from the College of Letters

Languages

  • French
Photo of Graeme W. Bush

Graeme W. Bush

Overview
Experience
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Named a “Visionary” by The National Law Journal in 2012, Graeme W. Bush maintains an active practice focused on complex civil litigation and white collar criminal investigations and prosecutions.

With more than 30 years of experience litigating sophisticated business disputes, Graeme not only represents his clients in litigation, but also counsels his executive-level clients to make sensible decisions about how to handle the disputes that confront them.

Graeme handles litigation in a broad variety of areas, including:

  • class action and derivative cases;
  • private securities fraud actions (for plaintiffs and defendants);
  • SEC enforcement actions and investigations;
  • attorney malpractice and disciplinary proceedings;
  • executive change in control litigation and wrongful termination;
  • pension litigation (by and against plans and plan fiduciaries);
  • asbestos bankruptcies;
  • asset retrieval actions;
  • asset forfeitures; and
  • criminal investigations of illegal foreign payments, Medicare fraud, and public corruption.

He also represents clients in connection with the securitization of receivables, as well as counseled them in connection with the valuation of derivative instruments.

Graeme’s clients include an investment fund and its advisors, a top nationally recognized mutual fund portfolio manager of one of the nation’s most successful growth funds, the top producing broker at a major Wall Street brokerage house, the CEO of a health care services organization, the CFO of a foreign company investigated for illegal foreign payments, a prominent financial markets law firm, a class of pension plans, and the executive director of a prominent charity.

  • Obtained a jury verdict in favor of client Matthew Lawlor, the founder and former CEO of Online Resources Corporation, that he was entitled to more than $5 million in change in control benefits in connection with his termination by the company.
  • Retained as special litigation counsel to the Tribune Company’s creditors committee to evaluate and prosecute fraudulent conveyance and other claims to set aside and subordinate more than $10 billion in loans that financed Sam Zell’s takeover of the Tribune Company.
  • Defended and settled an SEC enforcement action against Michael Sassano, a former CIBC broker in charge of mutual fund trading, whom the SEC charged with fraudulent frequent trading in numerous mutual fund families on behalf of CIBC clients.
  • Secured a jury verdict in favor of the founder of Online Resources Corporation after a three-week trial in Virginia Circuit Court. Our client was ousted from the company after a struggle for control with the representative of the largest outside investor and who was denied the change in control benefits to which he was entitled under a severance agreement.
  • Represented a former partner and senior executive of a private equity company in the limited partnership secondary market for breach of contract and misrepresentations arising from the failure of the company to provide our client a significant ownership interest in the company.
  • Defended a prominent law firm and well-known attorneys against a legal malpractice action arising out of tax advice given in connection with a complicated tax-advantaged transaction and the ensuing tax litigation.
  • Represented an equity fund established to invest in Israeli businesses in connection with an investigation by the New York AG into illegal “pay to play” payments made by its former managing member. We negotiated a settlement of the civil claims by the NYAG against the fund.
  • Represented a former portfolio manager in an SEC investigation and enforcement proceeding arising out of the omnibus investigation by the New York AG and SEC of market timing in the mutual fund industry. The SEC filed anti-fraud charges against our client, and the case was tried for nine days before an administrative law judge (ALJ). The judge adopted, in large part, our arguments and declined to impose any bar order or civil money penalties against our client.
  • Secured significant victories on behalf of a former broker in two actions arising out of claims that our client facilitated fraudulent frequent trading by a brokerage firm’s clients in numerous mutual fund families. First, we represented him in a successful suit and trial in Delaware to compel his former employer to advance defense costs. After we won important pre-trial rulings in the SEC enforcement action, the government agreed to settle just four days before the trial was set to start on terms that were favorable to our client.
  • Defended the chief investment officer of an offshore hedge fund in an SEC enforcement action alleging fraud violations related to market timing and late trading.
  • Represented the former CFO of a European telecommunications company in connection with an internal investigation and with FCPA investigations by the DOJ and SEC. The client faced inquiries from law enforcement authorities in multiple countries regarding illegal foreign payments in a Balkan country, which required the firm to apply its experience in representing clients subject to cross-border investigations.
  • Represented the CEO of a health care services organization in a grand jury investigation concerning Medicare billings for testing services that allegedly did not qualify for reimbursement because doctors were not present during the procedures as required by Medicare regulations.
  • Represented prominent tax lawyers before the IRS in Circular 230 proceedings arising out of a tax opinion.
  • Represented a Swiss corporation sued in a class action under the Alien Tort Claims Act for human rights violations allegedly committed as a result of doing business in South Africa during apartheid.
  • Represented the post-confirmation committee in a bankruptcy suit to recover funds on behalf of creditors from private equity investor on deepening insolvency and other theories.
  • Represented a major national law firm in a federal grand jury investigation and the subsequent indictment. The charges were resolved by a deferred prosecution agreement that allowed the firm to continue in business without substantial harm to its innocent partners and employees.
  • Represented an African cellphone magnate in the resolution of disputes with his U.S. and Egyptian partners and a disappointed prospective Israeli investor. The firm handled all aspects of international litigation for the client, including working with counsel in foreign jurisdictions.
  • Represented the founder of a television network in connection with a dispute over the terms of an investment made by NBC.
  • Represented more than 2,500 pension plans in a class action under ERISA to recover fee overcharges, concluding in a settlement of more than $19 million on behalf of the class.
  • Represented a major business law firm in connection with the investigation by the Enron examiner of certain tax transactions in which the firm rendered tax opinions.
  • -Represented the long-time executive director of a prominent Washington, DC-area charity in civil and criminal investigations into allegedly improper financial practices.
  • Represented asbestos victims in a $1.5 billion adversary veil-piercing proceeding against a major building materials manufacturer alleging veil-piercing and fraudulent conveyance. The case settled after a two-week trial for $900 million, almost two-thirds of the amount alleged to be due to the asbestos creditors.

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Professional Affiliations

  • Member, American Bar Association
  • Member, Maryland State Bar Association
  • Board of Directors, Legal Aid Society of the District of Columbia

Community Involvement

  • Chairman, Board of Directors, Junior Tennis Champions Program
  • Former Member, Board of Directors, DC SCORES

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