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


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


  • French
Photo of Graeme W. Bush

Graeme W. Bush


Named a “Visionary” by The National Law Journal in 2012, Graeme W. Bush focuses on complex civil litigation and white collar criminal investigations and prosecutions. Mr. Bush brings more than 30 years of experience litigating sophisticated business disputes to bear not only in representing his clients in litigation but also in providing executive-level counseling and advice to help his clients make sensible decisions about how to handle the disputes that confront them. Mr. Bush has handled litigation in a broad variety of areas for his clients, including class action and derivative cases, private securities fraud actions (for plaintiffs and defendants), U.S. Securities and Exchange Commission (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.

Mr. Bush’s clients have included 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. He has represented clients in connection with the securitization of receivables, as well as counseled them in connection with the valuation of derivative instruments.

Mr. Bush practiced for more than 21 years at Caplin & Drysdale, Chartered. He clerked for the Hon. Roszel C. Thomsen of the U.S. District Court for the District of Maryland.

Professional Highlights

  • Successfully tried to jury verdict claims by 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 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. The case was settled favorably on the eve of trial.
  • Represented the creditors committee of the Tribune Company as special litigation counsel engaged to investigate and prosecute fraudulent conveyance and other claims to avoid and subordinate $10 billion in loans used to finance Sam Zell’s takeover of Tribune. We worked with all constituencies to investigate, litigate and, with respect to some of defendants, settle claims, in addition to preparing a complaint that was transferred to a litigation trust for the benefit of the creditors following the confirmation of the Tribune plan of reorganization.
  • Representing the founder of Online Resources Corporation, who 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. The jury returned a verdict for our client after a three-week trial in Virginia Circuit Court.
  • Representing 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.
  • Defending 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.
  • The firm represented an equity fund established to invest in Israeli businesses, in connection with an investigation by the New York Attorney General of illegal “pay to play” payments made by its former managing member. We negotiated a favorable settlement of civil claims by the New York Attorney General against the fund, which the firm continues to represent the company in related matters.
  • Represented a former portfolio manager in an SEC investigation and enforcement proceeding arising out of the New York Attorney General’s and the SEC’s omnibus investigation 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). In her decision, the ALJ adopted, in large part, Zuckerman Spaeder’s 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 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 off-shore 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.
  • Representing 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.
  • Successfully represented prominent tax lawyers in Circular 230 proceedings before the IRS arising out of 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 the era of 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 cellular telephone 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.


Mentioned & Quoted

Recent Posts on Suits by Suits

Bar Admissions

Court Admissions

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