Partner, Head of Litigation
Phone: +1 (646) 766-1914
Email: [email protected]
Amiad Kushner is a tenacious and creative advocate with twenty years of experience in high-stakes litigation and arbitration in the United States, Asia and Europe. Mr. Kushner’s focus is on high-stakes trials, arbitrations, and appeals. He has an extensive track record protecting the rights of aggrieved investors and fraud victims. His experience spans a wide range of areas, including contract disputes, securities fraud, bankruptcy and receivership matters, and judgment enforcement.
Mr. Kushner won a $475 million award in a Hong Kong arbitration after an eight day trial in which he examined numerous fact and expert witnesses. He won a New York order vacating an international arbitration award based upon fraud that was heralded as the first of its kind. He briefed and successfully argued a New York State appeal that reversed summary judgment against a Chinese state-owned entity. He successfully argued a high stakes case leading to a reversal by a New York federal judge of a dismissal with prejudice. He has spoken and published widely on litigation topics in the United States and abroad.
Prior to joining the firm, Amiad practiced at Simpson Thacher & Bartlett in New York and as a partner at Lowenstein Sandler in New York. He is a graduate of The University of Chicago and Northwestern’s Pritzker School of Law.
- Representing Southern Advanced Materials in New York State trial court proceedings and related appeal in connection with disputed $360 million transaction.
- Representing Chinese investors in a lawsuit in New York state court seeking over $50 million in connection with the massive fraud at the Hanfor asset management group.
- Representing a respondent in proceedings in New York federal court seeking recognition of a $450 million international arbitration award.
- Representing an Israeli trustee in a Chapter 15 case in New York bankruptcy court arising out of a $100 million Ponzi scheme.
- Representing an insured in litigation in New York state court involving over $80 million in claims against insurers arising from a fire at a biodiesel facility.
- Representing an estate in proceedings in Maryland federal court to enforce HKIAC arbitration awards, which are the subject of parallel litigation in China and Hong Kong, submitted an expert opinion on US law to a Hong Kong court in one of those litigations.
- Won a $475 million award on behalf of a Chinese insurer in a Hong Kong arbitration before an International Chamber of Commerce tribunal.
- Obtained a New York order vacating an international arbitration award against a Chinese client.
- Represented Libra Group in a lawsuit in New York against Nord LB arising out of misconduct in a workout of $80 million in shipping loans.
- Represented LM Holdco in a lawsuit against Fortress Investment Group in Delaware Chancery Court involving alleged contract breaches.
- Represented the former GC of Faraday & Future Inc. in litigation in California seeking over $100 million. The matter resolved on confidential terms.
- Represented a China-based company in an arbitration seated in Hong Kong involving over $130 million in claims. First chaired a highly contested evidentiary hearing. The tribunal ruled in favor of client on its counterclaim for abetting breaches of fiduciary duty.
- Represented an insurer in a lawsuit in New York federal court against a financial advisor arising from the fraud involving the Platinum Partners hedge fund. The matter resolved on confidential terms.
- Represented Fir Tree Partners and former directors of CIG Wireless, Inc. in shareholder litigation in Florida state court alleging breaches of fiduciary duty in connection with $143 million merger.
- Trial counsel for Unsecured Creditors Committee in the bankruptcy case of Horsehead Holdings in Delaware.
- Represented Asian government pension fund in defense of litigation brought by liquidation trustee in New York bankruptcy court seeking over $40 million in clawbacks related to the Madoff fraud.
- Represented Liberator Medical Holdings, Inc. in successfully opposing applications to enjoin $180 million acquisition in three jurisdictions.
- Represented Cayman funds in litigation against Barclays Bank PLC in New York Supreme Court relating to $60 million financing transaction. Argued and defeated Barclays’ motion to dismiss, after which the case settled.
- Represented IKB Deutsche Industriebank in litigation relating to the collapse of a $2 billion liquidity facility backed by CDOs of asset backed securities.
- Represented U.S. investors in international arbitration of a $7 billion expropriation claim against the Government of India.
- Represented a real estate developer in litigation in New York state court relating to liquidation of a $450 million bond portfolio.
- Represented a proprietary trading firm in bankruptcy litigation relating to DIP financing.
- Represented Chinese battery maker in defense of litigation brought by liquidating trustee for Coda Automotive in Delaware bankruptcy court; the case settled after a motion to dismiss was filed.
- Represented a media company in litigation related to alleged breaches of an asset purchase agreement.
- Represented a global bank in ERISA class actions in New York federal court challenging a cash balance retirement plan.
- Represented a food company in shareholder litigation in Delaware arising from a $20 billion acquisition.
Education & Admissions
- U.S. Court of Appeals, Fourth Circuit, 2023
- U.S. District Court, Eastern District of New York, 2014
- U.S. Court of Appeals, Third Circuit, 2013
- U.S. District Court, Northern District of New York, 2011
- U.S. Court of Appeals, Second Circuit, 2007
- U.S. District Court, Southern District of New York, 2005
- New York State Courts, 2004
- J.D., Northwestern University Pritzker School of Law, 2003
- B.A., University of Chicago, 1997
- Partner, Head of Litigation at Dai & Associates, P.C.
- Partner, Lowenstein Sandler LLP
- Associate, Simpson Thacher & Bartlett LLP
Accolades & Recognition
- Super Lawyers, Blue Ribbon Panelist, 2023
- Super Lawyers, 2013-2014, 2017, 2019-2022
- Super Lawyers Rising Stars, 2013, 2014
- John K. Geiger Commitment to Justice Award, inMotion Inc., 2010
- “China’s Image Problem” (South China Morning Post, 2019)
- “An Unhappy Bargain: The Downsides of Arbitration” (ABA Litigation Journal, 2019)
- “A Rock And A Hard Place: US Discovery And Chinese Law” (Law360, 2015)
- “Recent Applications of Daimler v. Bauman Shrink Jurisdiction Over Foreign Corporations” (Westlaw Journal Securities Litigation & Regulation, 2015)
- “Litigation Woes From US Publicly Traded Chinese Issuers” (Law360, 2013)
- “Applying the Responsible Corporate Officer Doctrine outside the Public Welfare Context” (Journal of Criminal Law and Criminology, 2003)
- “Defending Chinese Companies in Global Litigation & Arbitration” (China Business Law Podcast, 2020)
- “Dealing With Chinese Parties: Litigation, White Collar Crimes, and Transactional Opportunities In The Era of the Trade War (New York City Bar Association, 2019)
- “Chinese Investment in the US: The Path Forward-Legal and Regulatory Challenges” (China General Chamber of Commerce, 2018)
- “Major New York Cases Arising Out of the Financial Crisis” (Beijing Central University of Finance and Economics, 2016)
- “Hot Topics in Global M&A Disputes: What You Need to Know about Busted Cross-Border Deals” (New York State Bar Association, Global Law Week, 2015)
- “Asset Backed Securities Litigation Update” (ABS East Conference, 2013)
- “Asset Backed Securities Disputes: Trustees Under Siege, Investors Enraged, and the Litigation/Settlements That Will Determine Who Will ‘Win’” (American Bar Association Annual Meeting, 2011)