Credit Suisse Wins Martin Act Litigation on Appeal
June 12, 2018
On June 12, 2018, the New York State Court of Appeals ruled in favor of Cravath client Credit Suisse in dismissing the Martin Act claim filed by the New York Attorney General relating to all residential mortgage‑backed securities (“RMBS”) sponsored by Credit Suisse in 2006 and 2007—about $40 billion worth of securities in total.
In December 2014, the New York Supreme Court denied Credit Suisse’s motion to dismiss the complaint for failure to timely commence suit under a three‑year statute of limitations period, finding that a six‑year limitations period applied. Credit Suisse filed an interlocutory appeal of the decision to the New York Appellate Division, First Department. The First Department affirmed the lower court in a split decision (3-2) in December 2016, and granted Credit Suisse leave to appeal to the New York Court of Appeals.
The state’s highest court agreed with Credit Suisse that the Martin Act (an investor protection statute which the NYAG argues is essentially a strict liability statute) is governed by a three‑year limitation period, not the six‑year period the NYAG has always argued should apply, and therefore dismissed the Martin Act claim with prejudice. This is significant not only for the Credit Suisse case, but for future NYAG proceedings in the investment industry generally.
The Cravath team included partners Richard W. Clary, who argued the appeal before the New York State Court of Appeals in March 2018, Michael T. Reynolds and Lauren A. Moskowitz, and associates Alexander V. Maugeri and Winnifred A. Lewis. The case is People of the State of New York v. Credit Suisse Securities (USA) LLC et al., No. 451802/2012 (N.Y. Sup.).
Related Practices & Industries
People
- Photo
-
-
J.D., 1995, Yale Law School
-
M.Phil., 1991, University of CambridgeKeasbey Scholar
-
A.B., 1990, Dartmouth CollegePhi Beta Kappa, magna cum laude
- New York
Education
Admitted In
- Photo
-
-
J.D., 2005, Fordham University School of Lawmagna cum laude
-
B.A., 2002, Cornell University
- New York
Education
Admitted In
- Photo
-
-
J.D., 1978, Harvard Law SchoolSears Prize, magna cum laude
-
B.A., 1975, Amherst CollegePhi Beta Kappa, magna cum laude
Education
Related News & Insights
Deals & Cases
June 17, 2025
Coupang, Inc.’s $1.5 Billion Revolving Credit Facility
Cravath represented the administrative agent, joint lead arranger and joint bookrunner in connection with a $1.5 billion revolving credit facility made available to Coupang, Inc., a leading global technology and commerce company providing retail, restaurant delivery, video streaming and fintech services to customers around the world under brands that include Coupang, Coupang Eats, Coupang Play and Farfetch. The transaction closed on June 2, 2025.
Deals & Cases
December 02, 2024
DraftKings Inc.’s Credit Facility
Cravath represented Morgan Stanley, as administrative agent, joint lead arranger, joint bookrunner and collateral agent, in connection with a $500 million revolving credit facility made available to DraftKings Inc. and certain of its subsidiaries. DraftKings Inc. operate as a digital sports entertainment and gaming company in the United States and internationally. The transaction closed on November 7, 2024.
Deals & Cases
October 29, 2024
Reynolds Consumer Products Inc.’s Revolving Credit Facility
Cravath represented the lead bookrunner in connection with a $700 million revolving credit facility made available to Reynolds Consumer Products Inc. Reynolds Consumer Products Inc. produces and sells products in cooking, waste and storage, and tableware product categories in the United States and internationally. The transaction closed on October 17, 2024.
Deals & Cases
August 21, 2024
Aptiv PLC’s $3.1 Billion of Credit Facilities
Cravath represented the administrative agent, joint lead arrangers and joint bookrunners in connection with $3.1 billion of credit facilities made available to Aptiv PLC and certain of its subsidiaries. Aptiv PLC is a leading global technology and mobility architecture company primarily serving the automotive sector. The facilities consisted of a $2.5 billion bridge credit facility, used to partially finance the accelerated share repurchase of up to $3.0 billion of Aptiv PLC’s ordinary shares, and a $600 million term loan facility. The transactions closed on August 1, 2024, and August 19, 2024.
