Amiad Kushner - 康国永 Partner

New York
T 646.414.6936 | F 973.597.2421



Amiad Kushner represents asset managers, investment funds, and other market participants in complex litigation and arbitration spanning a wide range of areas, including mergers and acquisitions, derivatives, securities, distressed debt, and bankruptcy litigation. He is a leader and frequent contributor to the firm’s Global Capital Markets Litigation Blog, writing on various topics of interest to the financial community. Amiad’s practice routinely involves cross-border litigation and international arbitration, including significant experience in representing Chinese companies in matters involving U.S. law. Amiad travels to China regularly in order to develop and maintain close relationships with clients and contacts.

Clients appreciate Amiad’s commitment to “go to the mat” to find a winning strategy and get results. Amiad is a tenacious and formidable advocate for his clients, whether in the courtroom or at the negotiating table.

Amiad has significant first chair trial experience, including in jury and bench trials and arbitrations. Recently, Amiad first-chaired an eight day trial in an international arbitration in Hong Kong involving numerous fact and expert witnesses, which led to a $475 million award for Amiad’s Chinese client.

Prior to joining the firm, Amiad practiced for six years at Simpson Thacher & Bartlett in New York and was a management consultant for PricewaterhouseCoopers in New York.

Representative Engagements

Won $475 million arbitration award on behalf of Chinese insurer in international arbitration venued in Hong Kong relating to $5 billion cross-border M&A transaction.
Lead counsel for US Space LLC in litigation in New York State court against Orbital ATK, Inc. concerning a multi-billion dollar joint venture involving satellites.
Representing Taiwan 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.
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Other Distinctions

  • Super Lawyers – (2013, 2014) – Recognized as a “Rising Star” in New York for his work in business and securities litigation.

Speaking Engagements

  • Major New York Cases Arising Out of the Financial Crisis, Law School of Central University of Finance and Economics, Beijing, People’s Republic of China, April 20, 2016

  • Hot Topics in Global M&A Disputes: What You Need to Know about Busted Cross-Border Deals, New York State Bar Association - International Section’s 2015 Global Law Week, New York, May 14, 2015

  • U.S. Litigation: Jurisdiction and Enforcement, China Best Ideas Investment Conference, Beijing, People’s Republic of China, September 15-16, 2014
     
  • U.S. Litigation: Opportunities and Risks, Annual Seminar on Current Issues Facing China-Based, U.S.-Listed Companies, Guangzhou, Shanghai, and Beijing, People’s Republic of China, January 16 - 20, 2014  
     
  • Asset Backed Securities Litigation Update, ABS East Conference, Miami, Florida, October 6-8, 2013 
     
  • Litigating Banking Claims in U.S. Courts, Spring Symposium, German Bar Association, New York, April 22-23, 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, Toronto, Canada, August 4 - August 9, 2011

Publications

NY Court Freezes Chinese Company Assets in Fight with GE Over Arbitration Award
Global Capital Markets Litigation Client Alert, December 9, 2015
Amiad Kushner - 康国永, Richard Bodnar
RMB Devaluation Heightens Risk of Default by PRC Issuers on Dollar-denominated Bonds
Global Capital Markets Litigation Client Alert, September 29, 2015
Amiad Kushner - 康国永, Jae Zhou
SEC Targets Massive EB-5 Fraud Schemes That Victimize Chinese Investors
Global Capital Markets Litigation Alert, September 3, 2015
Amiad Kushner - 康国永, Richard Bodnar
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Press Mentions

Lowenstein Sandler is representing The Estée Lauder Companies Inc. in its investment in Have & Be Co. Ltd., the South Korean company behind skin care brands Dr. Jart+ and Do The Right Thing. The investment is anticipated to create a strategic opportunity to develop a partnership with one of Korea’s most promising high-growth skin care brands. Terms of the investment have not been disclosed and the deal is expected to close in December. The Lowenstein deal team included Marita Makinen, Jonathan Goodman, Randy Dorf, Kimberly Donnelly Rowe, David Lifshitz, Marc Lomasky, Brandon Greenblatt, Matt Savare, Darren Goodman, Christine Osvald-Mruz, Michael WalutesLesley Adamo and Amiad Kushner. , October 26, 2015
Amiad Kushner is featured in Caixin, discussing cross-border disputes involving Chinese companies. (article in Chinese language) , Caixin.com , July 29, 2015
Amiad Kushner comments on the government’s challenge of proving intent and materiality in civil and criminal actions against Jefferies RMBS trader Jesse Litvak involving securities and TARP fraud claims. , Debtwire , February 4, 2013

Related Areas

Global Capital Markets Litigation
Litigation
Mortgage Banking and Finance

Education


Northwestern University School of Law ( J.D. , 2003 ) , cum laude
University of Chicago ( B.A. , 1997 ) , with honors

Bar Admissions


New York

Court Admissions


2007 , U.S. Court of Appeals, Second Circuit
2013 , U.S. Court of Appeals, Third Circuit
2005 , U.S. District Court, Southern District of New York
2011 , U.S. District Court, Northern District of New York
2014 , U.S. District Court, Eastern District of New York

Affiliations


  • Chinese Business Lawyers Association