Ty Hudson has nearly twenty years of experience handling complex commercial litigation across the United States. His broad range of experience, including serving as a federal law clerk, prosecuting cases for the SEC, and litigating for one of the largest law firms in the world, has given him unique insights into how to effectively litigate highly complex matters, as his record demonstrates.
Ty began as a law clerk to the Honorable John W. Lungstrum, then-Chief Judge of the U.S. District Court for the District of Kansas, before joining the trial practice group of a leading international law firm in Washington D.C. representing Fortune 500 companies in commercial litigation. His achievements then landed him the opportunity to serve as Senior Counsel on the Financial Fraud Taskforce in the Enforcement Division of the U.S. Securities and Exchange Commission where he investigated and prosecuted federal securities laws violations.
Desiring to return home to his roots, Ty moved to Kansas City in 2008, joining Wagstaff & Cartmell to help build a national practice focused on representing plaintiffs in complex litigation. He is experienced in a wide range of complex business litigation and has handled a variety of cases, including antitrust, ERISA, financial and investment fraud, class actions, False Claims Act, RICO and professional malpractice matters. He has tried cases in state and federal courts, as well as JAMS, AAA, and FINRA arbitration. He has also argued cases before various appellate courts. He has successfully represented numerous clients in business litigation – frequently on a contingency fee.
Ty’s strong leadership record has led him to play key leadership roles for plaintiffs in large-scale class actions and multi-district litigation across the country.
- Court-appointed interim co-lead counsel in a putative class action against the dominant provider of electronic prescription routing services to pharmacies alleging illegal monopolization and other antitrust violations by the company and alleged co-conspirators. In re Surescripts Antitrust Litigation (N.D. Ill.).
- Court-appointed lead counsel for a certified class of more than 200,000 merchants suing an independent sales organization for breach of contract, fraud, and RICO violations alleging the company engaged in a scheme to overbill small businesses on credit card processing fees. Skip’s Precision Welding, et al. v. Central Payment Co. (D. Neb.)
- Successfully argued for plaintiffs in opposition to defendants’ summary judgment motions at a two-day hearing in Dahl v. Bain Capital Partners (D. Mass.), an antitrust class action against the largest U.S. private equity firms that settled for $590.5 million.
Ty has also served as lead counsel in high stakes commercial cases. For example, Wagstaff & Cartmell was hired by the Kansas Attorney General to act as private counsel for Kansas in a $1.1 billion arbitration involving 35 states and the largest U.S. tobacco companies. Ty served as lead trial counsel at the Kansas individual state hearing before a panel of three former federal judges. Kansas settled all disputes after the hearing but prior to the Panel’s decision, which preserved more than $450 million of payments for the state under the landmark Master Settlement Agreement.
Ty also has experience in bankruptcy-related litigation. He has been retained by bankruptcy trustees to investigate potential wrongdoing and recoup financial losses. He has successfully represented clients who have been pursued by bankruptcy trustees.
As a former SEC enforcement attorney, Ty has a niche practice representing individuals reporting securities laws violations to the SEC’s Office of the Whistleblower.
Ty graduated magna cum laude from Baker University with an Accounting degree. He was a member of the golf team earning Academic All-American and All-Conference honors. He graduated from the University of Kansas School of Law where he was a member of the Law Review, the National Moot Court Team, and Order of the Coif (top 10% of class).
Class Actions and Multi-District Litigation Matters.
- In re: Syngenta Litigation (Hennepin County, Minnesota District Court). Appointed to Plaintiffs Steering Committee of nine attorneys selected to prosecute a consolidation of more than 50,000 individual actions and a Minnesota state-wide class action brought by corn farmers and other entities against Syngenta alleging that the company prematurely released genetically modified corn seed that led to a de facto embargo on U.S. corn by China. In 2018, a federal court gave final approval to a nationwide global settlement of $1.51 billion.
- Dahl, et al. v. Bain Capital Partners (D. Mass.) Served on Plaintiffs Executive Committee prosecuting an antitrust class action alleging collusion by the largest U.S. private equity firms to avoid competition in large leveraged buyout transactions. Settlements for former shareholders of publicly traded companies totaled $590.5 million.
- In re National Prescription Opiate Litigation, MDL No. 2804 (N.D. Ohio). Worked with a team of lawyers to help prosecute the case against prescription drug distributors in the initial MDL bellwether cases, which resulted in settlements totaling more than $260 million. The next phase of the litigation is on-going.
Business Litigation and Arbitration.
- Lead trial counsel for Kansas at its individual state proceeding in a JAMS arbitration initiated by big tobacco companies against 35 states.
- Lead counsel for a hotel owner in a fraudulent inducement and breach of contract action against an international hotel franchisor, obtaining a confidential settlement after more than five years of litigation.
- Lead counsel for 15 community banks in a dispute arising from a commercial loan and related participation agreement on a failed real estate venture, obtaining seven-figure settlement for clients.
- Lead counsel for company in a contract dispute over whether warrant agreements should be adjusted to account for a reverse stock split. Obtained a preliminary injunction. Opposing counsel voluntarily dismissed the case after preliminary injunction ruling.
- Lead counsel for investors and limited partners who obtained a confidential, seven-figure settlement in a dispute arising from allegations of fraud by general partner in connection with multi-million-dollar investment and partnership transactions.
- Lead counsel in a legal malpractice action against an Am Law 20 law firm that resulted in a confidential, seven-figure settlement after two years of litigation.
- Lead counsel for international consulting company in a $13 million action brought by a bankruptcy trustee. Obtained summary judgment on all claims against clients, and successfully argued an appeal at the Tenth Circuit.
- Lead counsel for Watco Companies or related entities in various complex litigation matters.
- Obtained a confidential settlement for the buyer of a TV station in an action arising from a multi-million-dollar acquisition.
- Obtained summary judgment for St. Luke’s Health System in a multi-million-dollar contract dispute and successfully argued the appeal.
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
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
U.S. Court of Appeals, First Circuit
American Bar Association (Antitrust and Litigation Sections)
Kansas City Metropolitan Bar Association (Federal Court Advocates Section)
Lawyers Association of Kansas City