Claude M. Tusk

claude-tusk

Claude M. Tusk

Retired Partner

New York | Three Bryant Park, 1095 Avenue of the Americas, New York, NY 10036-6797
+1 212 698 3612 | +1 212 698 3599

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Claude M. Tusk has extensive experience in securities law, internal investigations and general corporate litigation. He has argued numerous appeals in both the federal and state court systems in New York and Delaware and has tried dozens of trials and arbitrations to verdict/judgment/award.

Mr. Tusk has particular knowledge of the application of securities, fraud, and negligence law to the practice of public accounting. He represents public accountants and clients who are aggrieved by the conduct of their auditors, and frequently acts in large, complex class actions to which accountants have been made parties.

Mr. Tusk also has significant litigation experience involving corporate transactions, including obtaining and preventing injunctions against the consummation of deals; coordinating with corporate partners in representing boards of directors faced with major transactions seeking advice on fiduciary obligations; and coordinating with corporate partners in the representation of investment bankers.

In addition to litigation, Mr. Tusk provides clients with advice about personnel policies and manuals, labor negotiations and compliance with a wide variety of statutes and regulations. His articles in these areas have appeared in local and national legal publications. Mr. Tusk is one of the contributors to recent updates of a popular, multi-volume treatise on New York state employment law.

Mr. Tusk also provides clients, especially mutual funds and their advisors, with advice about insurance coverage, and negotiates with brokers and carriers to obtain the most favorable possible language in D&O, E&O and other policies.

Experience
  • The successful representation of Symbol Technologies in a two-year internal investigation, criminal and SEC investigations, securities class action litigation, derivative litigation, and civil litigation by the company against its former employees.
  • The Rite Aid internal investigation, which resulted in a significant restatement of the company’s financial statements and the ouster and subsequent criminal prosecution of management.
  • Successful resolution of the governmental investigations and securities class action involving Vesta.
  • Representation of a Citigroup employee with regard to an SEC investigation into accounting for certain aspects of its business in Latin America.
  • Representation of Citigroup and Wachovia employees in connection with SEC investigations into reporting of investments in subprime mortgage-based securities.
Education
  • Harvard University, A.B., 1974, magna cum laude, Phi Beta Kappa
  • Harvard Law School, J.D., 1977, magna cum laude, editor of the Harvard Law Review
Admissions
  • New York
  • Supreme Court of the United States
  • United States Court of Appeals for the Second Circuit
  • United States District Court for the Eastern District of New York
  • United States District Court for the Southern District of New York
Clerkships
  • United States Court of Appeals for the Second Circuit, Honorable J. Edward Lumbard