Ty Hudson concentrates his litigation and trial practice primarily on commercial disputes in federal and state trial courts. He has been named to “Best of the Bar” by the Kansas City Business Journal, and was selected as a Kansas and Missouri Super Lawyer for 2013 and 2014. He often represents clients under contingency or success fee arrangements that reward results.
Ty has been lead counsel or played key roles in locally and nationally prominent litigation matters for both plaintiffs and defendants. Ty was lead trial counsel for the state of Kansas at its individual state hearing in a commercial arbitration brought by tobacco companies seeking more than $1.1 billion dollars from 46 states. As lead counsel, he obtained dismissal of all claims brought by a bankruptcy trustee seeking $13 million from his client. He played key roles in prosecuting an action for former shareholders asserting collusion by major private equity firms in buyout transactions that recently settled for $590.5 million.
Ty has represented established Kansas City-area businesses like Watco Companies; nonprofit entities like Saint Luke’s Health System and Children’s Mercy Hospitals and Clinics; government entities; startups, entrepreneurs, and privately owned businesses; bankruptcy trustees; franchisees; general and limited partners; whistleblowers; and private and institutional investors.
Ty is a former federal law clerk, was trained in the Washington D.C. office of a leading international law firm, and served as Senior Counsel in the Enforcement Division of the U.S. Securities and Exchange Commission.
Some representative matters that Ty has handled or is handling on behalf of clients include the following:
Dahl, et al. v. Bain Capital, et al. No. 1:07-cv-12388 (D. Mass.). Working at the direction of plaintiffs’ lead counsel, helped obtain $590.5 million in settlements for former shareholders alleging collusion by private equity firms in buyout transactions. Selected by plaintiffs’ lead counsel to play key roles in prosecuting the case, including deposing witnesses, drafting dispositive motions, and arguing in court in opposition to defendants’ summary judgment motions.
In re: Potash Antitrust Litigation, MDL No. 1996 (N.D. Ill.) Recovered $20.5 million for a class of indirect purchasers in a price fixing action against major suppliers of potash.
Bankruptcy Trustee and Insolvency Litigation
Rajala v. Gardner, et al, 09-2482 (D. Kan.). Lead counsel for international wind consulting company in a $13 million action brought by a bankruptcy trustee under state law and the bankruptcy code. Obtained summary judgment on all claims, achieved distribution of a multimillion dollar judgment from a related case, and successfully argued an appeal at the Tenth Circuit.
Retained by a chapter 7 trustee to investigate and analyze potential legal claims of the estate.
In the 2003 NPM Adjustment Proceedings Before an Arbitration Panel Pursuant to Section XI(c) of the Master Settlement Agreement. Wagstaff & Cartmell was selected to represent the state of Kansas in a commercial arbitration brought by major tobacco companies seeking contract adjustments of more than $1.1 billion from 46 states for the year 2003 under the 1998 Tobacco Master Settlement Agreement. Along with partner Eric Barton, Ty acted as co-lead counsel for the state. Kansas settled all disputes for years 2003−2014, which preserves for the state more than $500 million dollars in contract payments from those years.
Free State Comm. LLC v. Northeast KS Broadcast Serv., Inc. (Shawnee County District Court). Obtained confidential settlement for buyer of TV station in an action asserting misrepresentations and breaches of contract in a multi-million dollar acquisition.
Salek v. Watco Mechanical Corp., et al., No. 11-2585 (D. Kan.). As lead counsel for several Watco entities, defended and reached confidential settlement of a contract action arising from earn-out provisions in a stock purchase agreement.
KCT v. Mader, et al, No. 1216-cv-07982 (Jackson County Circuit Court). As lead counsel for Tallgrass Railcars, LLC, defended and reached confidential settlement of an action alleging civil conspiracy, unjust enrichment, conversion, and fraud.
U.S. Neuro v. St. Luke’s, et al, No. 0816-CV13508 (Jackson County Circuit Court). Obtained summary judgment in a multi-million dollar contract dispute and successfully argued the appeal.
Securities and Investments Litigation
Auction Rate Securities Matters (FINRA Arbitration). Represent entities who issued auction rate securities in individual arbitration actions seeking to recover multimillion dollar damages from defendants who advised them on the bond structure, underwrote the issuances, and are swap counterparties.
Bank of Raymore v. Wells Fargo, et al. (Jackson County Circuit Court & FINRA Arbitration). Obtained confidential settlement for investors in an action arising from defaulted municipal securities.
Investment & Partnership Dispute. As lead counsel, obtained confidential settlement for investors and limited partners alleging fraud by general partner in connection with multimillion dollar investment and partnership transactions.
Whistleblower and False Claims Act
SEC Whistleblowers. Represent clients filing matters in the SEC’s Whistleblower Program.
Securities & Investments Litigation
Whistleblowers and False Claims Act
PRIOR WORK EXPERIENCE
Senior Counsel, Financial Fraud Task Force, Enforcement Division, U.S. Securities and Exchange Commission, 2007−2008
Associate, Trial Practice Group, Jones Day, 2003−2007
Law Clerk to the Hon. John W. Lungstrum, U.S. District Court, District of Kansas, 2001−2003
J.D., University of Kansas School of Law, 2001
• Order of the Coif
• Kansas Law Review, Staff Member
• National Moot Court Team, Member
• First Place, Midwest Region, New York City National Moot Court Competition
B.S. in Accounting, magna cum laude, Baker University, 1998
• Academic All-American & All-Conference, Golf
HONORS & AWARDS
Best of the Bar, Kansas City Business Journal
Missouri & Kansas Super Lawyer, Thomson Reuters, 2013 and 2014
Rising Star, Kansas City Magazine, 2011 and 2012.
AV Rating by Martindale-Hubbell
District of Columbia
U.S. District Court, District of Kansas
U.S. District Court, Western District of Missouri
U.S. District of Columbia
U.S. Court of Appeals, Sixth Circuit
U.S. Court of Appeals, Tenth Circuit
U.S. Supreme Court
American Bar Association (Antitrust and Litigation Sections)
Kansas City Metropolitan Bar Association (Federal Court Advocates Section)
Lawyers Association of Kansas City