Susan E. Kessler (Suz)

Partner

Pittsburgh + 1.412.394.7234

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Susan Kessler represents clients across a broad range of industries and commercial disputes, with particular depth in corporate governance and financial litigation. She has served as lead counsel developing and executing complex case strategy at every stage of litigation, from initial case assessment and dispositive motions, through trial and appeal.

Among her recent engagements, Susan has successfully obtained complete dismissal on behalf of a bank client of fraud-based claims arising out of an alleged third-party investment scheme involving tens of millions in losses; won a $75 million summary judgment award on behalf of a corporate client in connection with a post-closing indemnity claim; secured dismissal of numerous corporate governance disputes and constitutional claims on behalf of a major land grant university; won a multimillion dollar award in connection with a commission dispute in an M&A transaction; and obtained an arbitration award in favor of a founding owner of a professional sports franchise in a multibillion dollar valuation dispute. Susan has also successfully defended financial institutions in more than a dozen litigations involving residential mortgage-backed securities (RMBS) and collateralized debt obligations (CDOs).

Susan serves as secretary on the board of the River City Brass Band and is also on the board of Bunker Projects, a nonprofit artist residency and experimental gallery located in Pittsburgh, Pennsylvania.

Experience

  • Global financial institution defends novel vicarious liability claim under False Claims ActJones Day represents a global financial institution in a federal False Claims Act action in which relators allege that the bank, as trustee of residential mortgage-backed securities trusts, is vicariously liable for the purportedly unlawful conduct of a loan servicer—despite alleging no independent wrongdoing by the bank.
  • NewEdge Securities secures partial dismissal of putative consumer class action challenging administration of cash sweep programOn behalf of NewEdge Securities, LLC, Jones Day secured partial dismissal of a putative consumer class action challenging the interest rates paid on uninvested cash in customers' brokerage and retirement accounts.
  • Major financial institution prevails before Northern District of Ohio and Sixth Circuit in Ohio law claims arising from alleged Ponzi schemeOn behalf of a major financial institution, Jones Day prevailed before both the Northern District of Ohio and the U.S. Court of Appeals for the Sixth Circuit against Ohio statutory and common law claims brought by investors who lost funds in an alleged Ponzi scheme operated by a non-party.
  • CNX wins summary judgment in post-M&A indemnification lawsuit against CONSOL EnergyJones Day recently obtained summary judgment on behalf of CNX Resources Corporation ("CNX") in a post-M&A indemnification lawsuit against CONSOL Energy, Inc. ("CONSOL").
  • IBM defends software services agreement lawsuit brought by Pennsylvania Dep’t of Labor & IndustryIn a lawsuit brought by the Pennsylvania Department of Labor & Industry, Jones Day is defending International Business Machines Corporation (IBM) against breach-of-contract and other claims premised on allegations that IBM failed to deliver a computer system that would aid the administration of both the tax assessment and benefit payment sides of Pennsylvania's unemployment compensation system.
  • Wells Fargo resolves derivative and putative class action claims alleging wrongdoing with respect to 272 residential mortgage-backed securities trustsJones Day successfully resolved three putative class actions filed by institutional investors in 272 residential mortgage-backed securities (RMBS) trusts.
  • Founding owner of professional sports team successfully represented in multibillion dollar ownership valuation disputeJones Day successfully represented a founding owner of professional sports team in a multibillion dollar ownership valuation dispute, recovering 100% of the claim at issue.
  • Wells Fargo defends third party breach of contract lawsuit relating to RMBS trustJones Day is representing Wells Fargo Bank, N.A. in a third-party complaint filed by a bank, which is the mortgage loan seller of an RMBS trust.
  • Wells Fargo defends against complaint filed by Nomura Credit & Capital Inc. alleging representations and warranties breachJones Day is representing Wells Fargo, National Association in a third-party complaint filed by Nomura Credit & Capital, Inc., the mortgage loan seller of six RMBS trusts.
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    May 2017 Jones Day Publications

    The Climate Report - Spring 2017

    March 2017 Commentary

    Lawsuit Abuse Reduction Act Would Mandate Sanctions for Frivolous Claims

    Winter 2017 Jones Day Publications

    The Climate Report

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