Class Action Defense
Corporate & Financial Services Litigation & Regulation
Corporate Governance Litigation and Counseling
Investment Management Litigation
Securities Enforcement and Compliance
U.S. District Court, Southern District of New York
U.S. Court of Appeals, 2nd Circuit
New York University School of Law - J.D., 2004
University of Pennsylvania - B.A., 2001
Nathan Bull concentrates his practice on complex securities and commercial litigation in state and federal court, including many matters defending directors and officers and numerous representations involving complex financial instruments and structured products. In particular, Nathan has substantial experience representing clients in complex contractual disputes, merger litigations and bankruptcy-related proceedings, as well as class action, shareholder derivative and RICO litigations. Nathan also has extensive experience in a variety of regulatory matters and enforcement actions brought by various federal and state entities and departments.
Nathan has been recognized for his legal abilities by SuperLawyers, which named him a Rising Star in 2015 and 2016, and he is a recipient of the Burton Award for exceptional legal writing.
Nathan received a B.A. in Economics and European History from the University of Pennsylvania in 2001, cum laude, and earned his J.D. from New York University School of Law in 2004, where he was an Articles Editor for the Annual Survey of American Law. He is admitted to practice in New York, the United States Court of Appeals for the Second Circuit, and the United States District Court for the Southern District of New York.
Structured Finance, Securities and Commercial Disputes
Nathan represents financial institutions, market participants and officers and directors in connection with commercial and securities litigations, often arising out of structured finance arrangements. Representative engagements include the following:
- Salix Pharmaceuticals, Ltd. in connection with a securities fraud class action alleging that Salix engaged in a so-called "channel stuffing" scheme and misrepresented the inventory levels of its pharmaceutical products held at wholesalers.
- A monoline insurer in connection with the Chapter 11 bankruptcy of ResCap and its affiliates, after representing the insurer in a four-year civil litigation against a ResCap affiliate to recover billions of dollars of losses arising out of financial guaranty insurance that it provided in connection with residential mortgage-backed securitizations.
- A German asset manager and a French financial institution in connection with their efforts to enforce rights and remedies arising from their respective municipal guaranteed investment contract portfolios.
- Walkers Fund Services and the outside directors of the Bear Stearns High Grade Structured Credit Strategies Funds in connection with multi-billion dollar litigations brought by the Caymanian joint liquidators of the funds.
- An outside director of a collapsed hedge fund in connection with a litigation brought by investors.
- The estate of American Home Mortgage Corp. in connection with a complex litigation arising out of its $550 million acquisition of the stock and assets of a large mortgage loan originator.
- The former outside directors of Tyco International Ltd. in connection with multi-billion dollar securities class actions and shareholder derivative suits stemming from the criminal activities of Tyco's former management team.
- An international banking institution in connection with a civil action seeking to recover $700 million in losses arising out of a contemplated CDO transaction.
- A major chemical company in connection with an antitrust and RICO action brought by the Republic of Iraq arising out of Saddam Hussein's corruption of the UN-administered Oil-For-Food Program.
Nathan also has represented industry organizations as Amicus Curiae on matters involving structured products and fiduciary duties. For example, Nathan played a lead role in the firm’s submission of an Amicus Curiae brief on behalf of The Securities Industry and Financial Markets Association (SIFMA) in support of a financial services firm’s successful defense of its extension of repo financing to an investment vehicle in which the firm’s trust arm had invested fiduciary clients’ cash collateral. Nathan also serves in a lead role in the firm’s representation of amici SIFMA and The Clearing House Association LLC in connection with an action concerning the application of the Trust Indenture Act to certain mortgage trusts and the class action standing of certain securitization investors.
Corporate Governance and Merger Litigation
Nathan represents publicly traded companies, financial services firms and officers and directors in connection with litigations arising out of acquisitions, going-private transactions and other business combinations. Representative engagements include:
Ashford Hospitality Prime, Inc. in its proxy contest and successful litigation against activist hedge fund Sessa Capital.
Forbes Media Holdings and related entities in connection with litigation arising from the acquisition of Forbes Media by a consortium of investors.
- Salix Pharmaceuticals, Ltd. in its $15.6 billion acquisition by Valeant Pharmaceuticals International, Inc.
- Élan Corporation in its successful defense of a hostile tender offer by Royalty Pharma.
- Jos A. Bank’s financial advisor in connection with its $1.8 billion sale to The Men’s Wearhouse.
- The CEO of Quest Software in connection with a proposed going-private transaction and $2.4 billion sale to Dell Inc.
- A Chinese gas distributor in connection with a going-private transaction.
Nathan has served in lead roles in connection with numerous enforcement matters with the U.S. Securities and Exchange Commission (SEC) and other state and regulatory entities. Representative engagements include the following:
- A major financial institution in connection with a wide-ranging criminal and regulatory investigation into its participation in the auction rate securities market.
- A private equity firm in connection with an investigation brought by the SEC.
- The independent directors of an offshore hedge fund in connection with an investigation brought by the SEC.
- The audit committee of a Chinese company in connection with an independent investigation.
- A hedge fund in connection with its role structuring a synthetic CDO transaction.