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Michael S. Shuster

Partner

Overview

Mike Shuster is widely recognized as one of New York’s leading trial lawyers. He represents corporate, financial, and individual clients in complex commercial disputes involving a wide range of legal and business issues.

Mike currently represents, among others, Visa in antitrust class action and opt-out litigation, MacAndrews & Forbes in a dispute with News Corp, bank trustees in the Lehman bankruptcy, French industrial company Alstom in an acquisition-related dispute with GE, Japanese pharmaceutical company Taisho in an ICC arbitration against the sellers of a Mexican pharmaceuticals business, HSBC and BNY Mellon as trustee/securities administrator claimants on mortgage securities, Carlyle in a dispute with borrowers, a major government-sponsored enterprise on its portfolio of claims relating to RMBS, XPO Logistics in a dispute with Elliott Capital, and a family seeking to recover looted art from the Hungarian government.

Mike has represented numerous clients in high-profile and highly contested domestic and cross-border matters across a variety of disciplines and in a multiplicity of fora, and has successfully tried cases and argued appeals in federal and state courts throughout the United States. Mike recently prevailed in a Second Circuit argument on behalf of holders of Argentine debt. He has extensive experience in and has secured favorable awards in arbitrations under the ICC, AAA, and other rules. Mike’s clients have included Amerada Hess, Banco Santander, Comcast, General Re, the Croatian government, Landoil, Mega Brands, Raytheon, Royal Bank of Canada, Saudi Refining, and numerous others.

For several years, he has been ranked in Chambers USA, which has lauded him as “a wonderfully talented litigator” and one of the “Leading Individuals” in General Commercial Litigation in New York. Mike has also been recognized as a top litigator by Benchmark Litigation since 2013 and New York Super Lawyers since 2006.

Before co-founding Holwell Shuster & Goldberg, Mike was a litigation partner at Kasowitz, Benson, Torres & Friedman and at White & Case, where he served as Global Head of Commercial Litigation.

Notable Cases

Notable Cases

  • Visa in massive antitrust opt-out cases brought by Wal-Mart, Home Depot, Target, Amazon, Delta Airlines, and other national retailers relating to credit card swipe fees.
  • Visa in litigation brought by Wal-Mart relating to verification methods for debit cards.
  • MacAndrews & Forbes in a dispute with News Corp.
  • Carlyle in a dispute with borrowers.
  • HSBC, U.S. Bank, and The Bank of New York Mellon as trustee (or securities administrator) in multiple RMBS putback matters asserting claims for hundreds of millions of dollars. In connection with those representations, he has been designated Liaison Counsel in coordinating dozens of RMBS cases pending in New York state court before the Honorable Marcy S. Friedman. He also represents hedge funds and investors in related actions.
  • U.S. Bank and Wilmington Trust as trustees asserting RMBS putback claims involving hundreds of trusts in the Lehman Brothers bankruptcy. The Lehman estate has set aside a reserve of $5 billion on account of RMBS claims pending against it, with the trustees HSG represents asserting the majority of those claims.
  • Japanese pharmaceutical company Taisho in an ICC arbitration against the sellers of a Mexican pharmaceuticals business.
  • XPO Logistics in a dispute with Elliott Capital.
  • The Federal Housing Finance Agency as plaintiff on various fraud and contractual RMBS claims.
  • Holders of defaulted Argentine debt as settling plaintiffs in the Southern District of New York and the Second Circuit, in support of the Republic of Argentina’s contested effort to lift the pari passu injunction that HSG’s clients and other holdout bondholders had obtained against Argentina.
  • French industrial company Alstom S.A. in multiple fora (SDNY, ICC, and elsewhere) in connection with a substantial claim against GE relating to the largest M&A deal in France in 2015.
  • Individual plaintiffs in a lawsuit against the Hungarian government seeking the return of artworks worth more than $100 million that were looted during World War II; among other successes, Mike secured a reversal by the D.C. Circuit of a lower court judgment that the plaintiffs’ claims had been precluded by a Hungarian court ruling.
  • Comcast in precedential antitrust litigation, in Delaware breach of fiduciary duty litigation, and in a Section 16 short-swing profits case.
  • Various defendants in securities class action litigation, including Amerada Hess, Royal Bank of Canada (Enron), UBS Warburg (Orange County), Comcast, and others.
  • Mega Brands in connection with takeover litigation and products liability cases.
  • Comcast in AAA arbitration against its customer care/billing vendor, resulting in a $140 million award for Comcast.
  • General Reinsurance in antitrust litigation brought by EchoStar alleging improper denial of insurance coverage and refusal to issue new coverage.
  • Raytheon Corporation as lead counsel in securing DOJ and Pentagon approval for multibillion-dollar defense industry acquisitions.
  • Christie’s chairman in the Christie’s/Sotheby’s Auction Houses antitrust litigation.
  • European bank in litigation involving the largest-ever knockout currency options.
  • Banco Santander in an ICC arbitration arising out of a failed derivatives joint venture with an AIG spin-off entity.
  • Saudi Arabian Oil Company subsidiary in a national price-fixing class action against it, Shell, and Texaco.
  • Philippines-based construction conglomerate Landoil in political risk insurance litigation in the U.S., and in a related arbitration in the London Court of International Arbitration and in a U.S. alternative dispute resolution proceeding.

News and Writings

News

Writings

  • “A Practical Approach to Antitrust Litigation,” Antitrust Litigation Best Practices: Leading Lawyers on Developing a Defense Strategy, Evaluating Settlement Opportunities, and Avoiding Common Client Mistakes (Aspatore Books, 2008)
Photo of Michael S. Shuster

Education

McGill University Faculty of Law (LL.B., B.C.L., 1986; Senior Editorial Board, McGill Law Journal)

York University (B.A., 1982)

Bar and Court Admissions

  • New York
  • U.S. Court of Appeals, District of Columbia Circuit
  • U.S. Court of Appeals, Federal Circuit
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Third Circuit
  • U.S. District Court, Eastern District of Michigan
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York
  • U.S. Supreme Court
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