Martin P. Russo is an accomplished litigator with more than 20 years of experience handling complex business litigation in state and federal courts nationwide, as well as before a panoply of alternative dispute resolution forums. His practice includes sophisticated commercial disputes, financial services litigation, regulatory defense, white collar defense, corporate compliance and internal investigations for publicly-held and private companies in the United States and abroad.

Marty has developed a robust practice representing prominent local and international individuals and entities in multi-jurisdictional litigation. His ‘value-added’ and a key driver of success is the ability to craft and execute innovative strategies to accomplish his clients’ goals. He is highly regarded for an aggressive style, a keen ability to distill complex fact patterns into common sense positions, and the effective management of large cases which require thoughtful coordination across multiple jurisdictions.

Marty has a wealth of experience counseling regulated firms and their current and former employees in customer arbitrations, disciplinary actions, and investigations and enforcement proceedings initiated by the Securities and Exchange Commission and Department of Justice, as well as self-regulatory organizations. In this arena, Marty has an achieved an enviable track record by prevailing in a notable number of FINRA disciplinary hearings and securing exceptional settlements. He also has significant experience representing clients in high-stakes criminal matters and has obtained numerous favorable outcomes.

Marty was born and raised in New York where he attended the prestigious Regis High School. He earned his law degree, cum laude, from Harvard Law School and received a BA, magna cum laude, with distinction in the field of economics from Yale University.  Marty is an avid soccer player, the President of one of New York’s oldest soccer clubs, and a USSF licensed coach who presently trains two adult men’s amateur soccer teams.

Marty is admitted to practice in the State of New York, before the United States District Courts for the Southern, Eastern and Northern Districts of New York, the Second Circuit Court of Appeals, the Ninth Circuit Court of Appeals, the Eleventh Circuit Court of Appeals, and the United States Supreme Court.

 

Education

  • J.D., Harvard Law School, 1993 cum laude
  • B.A., Yale University, Economics, 1990 magna cum laude, with distinction

Bar and Court Admissions

  • New York
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Northern District of New York
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. Court of Appeals, Eleventh Circuit
  • United States Supreme Court

Practice Areas

  • Commercial Business Litigation
  • Securities Litigation
  • Outside General Counsel
  • Corporate Governance
  • Foreign Client Guidance
  • Governmental Investigations & Regulatory Enforcement
  • Regulatory Compliance & Advisory Services
  • White Collar Criminal Defense & Internal Investigations

In re: TransPerfect Global, Inc., C.A. No. 9700-CB (Chancery Court, Delaware)

Kruzhkov Russo successfully guided Philip Shawe to victory in the Delaware Chancery Court after that court had for the first time in history ordered the draconian remedy of a forced sale of a successful private company against the wishes of half of the shareholders.  With Martin Russo serving as the chief strategist, Kruzhkov Russo and a team of exceptional co-counsel from other firms navigated past the negative allegations made by Elizabeth Elting and secured approval of the sale of TransPerfect Global, Inc. to Mr. Shawe.  The irony of the case noted by Chancellor Bouchard is that “the undercurrent of [Ms. Elting’s] opposition [to approval of the sale which she requested] reflects an apparent, deep-seated frustration with the fact that the winner of the auction was Shawe….”  TransPerfect is the largest translation services company in the world with revenues exceeding $600 million.  To read the decision, click here.

Mutual Benefits Offshore Fund, Ltd v. Zeltser, et al., Index No. 650438/2009 (Sup. Ct. N.Y. Cty, Commercial Division)

Kruzhkov Russo won summary judgment for Mutual Benefits Offshore Fund, Ltd., in this action to recover approximately $4.3 million in attorney escrowed funds wrongfully taken by the Defendants. Justice Marcy Friedman of the New York Supreme Court, Commercial Division, found without trial that Defendants Emanuel Zeltser and his law firm misappropriated client funds and that judgment was appropriate for breach of fiduciary duty, conversion and unjust enrichment. The Court also granted Plaintiff’s motion to permit the release to MBOF of $7 million held in a joint escrow account. To read the decision, click here.

Little Rest Twelve, Inc. v. Zajic, et al., Index No. 650209/2010 (Sup. Ct., N.Y. Cty., Commercial Division)

Kruzhkov Russo won summary judgment for Little Rest Twelve, Inc., against Defendants Nina Zajic and David Kay for approximately $3.7 million they misappropriated from a restaurant which once operated as the renowned Buddha Bar in the Meatpacking District of Manhattan. Justice Marcy Friedman of the New York Supreme Court, Commercial Division, found without trial that Zajic breached her fiduciary duties in violation of Business Corporation Law 720, and that she and her nephew David Kay (a “manager”) were unjustly enriched at Plaintiff’s expense. The Court further issued a permanent injunction against Defendants and barred them from interfering with the business of the Company. To read the decision, click here.

 

  • Represented a group of improperly terminated registered persons in a state court action seeking to enjoin the use of confidential information and solicitation of clients in state court in New York.
  • Represented principals of a regional broker-dealer against the SEC (Federal Court) and FINRA in parallel proceedings involving alleged misrepresentations in connection with the sale of more than $120 million of private placement interests.
  • Represented the widow of a Georgian billionaire in the defense of a wrongful death action purportedly brought by the deceased’s estate in state court in New York.
  • Represented a public company in the defense of claims made by a hedgefund for an alleged failure to honor a “right to participate” clause in federal court in New York.
  • Represented the shareholder of a well-known Manhattan restaurant in connection with hostile corporate change of management in New York and federal court in Florida.
  • Represented a hedgefund in the prosecution of a claim against its third party administration for failure to honor its contractual commitment and consequential damages in state court in California.
  • Represented a publicly traded company in the defense of a securities fraud class action litigation pending in federal court in  New York.
  • Represented an offshore hedgefund in an action to recover $4.3 million of misappropriated escrow funds from a New York attorney in state court in New York.
  • Represented a publicly traded company in a $2 billion fraud based lawsuit pending in federal court in Puerto Rico.
  • Represented the audit committee of a publicly traded company in an internal investigation of the facts and circumstances attendant to an international auditor’s disavowal of the GAAP equivalent audit of its wholly owned Russian subsidiary.
  • Represented the principal of an AMEX options market making firm in a $19 million FINRA regulatory action alleging violations of 10b-5 and Regulation SHO.
  • Represented an officer of a publicly traded company with multiple international subsidiaries in a $150 million RICO action in federal court in Puerto Rico.
  • Represented a high-net worth individual in a $300 million FINRA arbitration against a well-known broker-dealer involving the improper liquidation of a brokerage account collateralizing an affiliate bank’s loan.
  • Represented United Nations employees in internal investigations conducted by the U.N.’s Office of Internal Oversight Services Procurement Task Force in conjunction with the Department of Justice.
  • Represented the CEO and President of a wholesale market making broker-dealer in an $18 million SEC enforcement action alleging 10b-5 and 17(a) violations in federal court in Pennsylvania.
  • Represented foreign investors with $16 million of claims in a CFTC enforcement action in federal court in New Jersey.
  • Represented the principals of a defunct broker-dealer in a criminal action pending in federal court in New York.
  • Represented a well known short seller in precedent setting 10b-5 actions in which the SEC ruled that the introduction of accurate information into the market with the intent to affect the price is not a manipulation.
  • Represented a broker-dealer in a federal court action in  New York against the NASD challenging the propriety of the Criminal Prosecution Assistance Group’s involvement with DOJ investigations.
  • Bloomberg Corporate Law & Accountability Report discusses Client Phil Shawe and Transperfect Decision Backlash
  • Member Martin P. Russo Mentioned in Crain’s New York Business
  • Member Martin Russo Quoted in Law 360 Article on Transperfect Buyout
  • Member Martin P. Russo Quoted in Delaware News Journal
  • Martin P. Russo interviewed by MarketWatch
  • Martin P. Russo Interviewed by Law360 Regarding DOJ Interest In Allegedly Rigged Foreign Exchange Markets
  • Martin P. Russo Interviewed By Growth Capital Investor, Investors Battle Healthcare Equipment Issuer to Convert Warrants

Kruzhkov Russo brings extensive experience, a tenacious approach, and strategic thinking to advance your goals.