Simpson Thacher & Bartlett boasts a long history as one of the country’s most esteemed full-service legal brands. “Where the big corporate work is, litigation often follows,” explains one peer, “and since Simpson gets the top-class corporate work, they did a fantastic job in installing top-class litigators to handle it when that occurs.” Simpson Thacher is also noted as being one of the classic “white-shoe” firms that is more comprehensive in terms of national coverage, with partners in its DC and Palo Alto offices playing increasing roles in litigation, individually or in tandem with the New York team. Clients also weigh in to support the firm’s prestigious position. One notes, “Simpson is excellent in all areas and consistently identifies the correct team member(s) to assist in our various legal needs.” Another cheers, “Simpson Thacher are strong advocates for their clients and worthy adversaries in all actions I have encountered them in, all while still being courteous, kind, and professional. Honestly, you can’t say that about a lot of other litigation teams – often you get one or the other.”
While the firm has no shortage of litigation firepower in a number of other key areas – namely securities, insurance, white-collar/investigations work, and intellectual property – Simpson Thacher’s antitrust team has seen a remarkable rise in profile as of late, particularly through its DC office. Sara Razi, in particular, got a rare opportunity to display her trial prowess as well as her antitrust acumen when she represented Change Healthcare in the Department of Justice’s challenge to its $13.8 billion acquisition by UnitedHealth Group. A federal judge rejected the DoJ’s claims in September 2022. The DoJ filed a notice of appeal with the Court of Appeals for the DC Circuit in November 2022, and subsequently abandoned the appeal in March 2023. A peer exclaims, “I love Sara! She has a real specialty in healthcare and although she does a lot of advisory work, as we saw, she also can try cases! The Change case was just huge. Sara took three witnesses in one day. It was really hard. Not many have succeeded against the DoJ like this!” The firm doubled down on antitrust with a new addition to its DC office, former Federal Trade Commission lawyer
Karen Kazmerzak.
Simpson Thacher’s securities team in New York has kept equally busy. Perennial favorite
Lynn Neuner scored big for Toronto-Dominion Bank, resolving the Stanford Ponzi scheme-related litigation with a settlement on the eve of trial. Plaintiffs alleged that banks, including TD, aided and abetted Robert Allen Stanford’s fraud by allowing billions of dollars to be wired through their correspondent banking accounts and failing to detect Stanford’s misuse of funds and money laundering. This case, for which Simpson Thacher was retained in 2015, wound up with remaining claims settled the day prior to the scheduled trial date in February 2023. Neuner’s practice also touches on insurance – another marquis practice for the firm – as well as commercial and a false advertising niche. A peer insists, “Lynn is a trial lawyer! I face off with her in the securities field, and I like to think Lynn and I are equals there, but don’t give me an IP case! Lynn, on the other hand, [that would be] no problem. She’s versatile.”
Jonathan Youngwood is another securities favorite. A client emphasizes, “Jon knows the intricacies of the facts at issue in the cases he handles, as well as appears to have a good handle on his client's specific wishes and needs. He is a strong oral advocate in court and mediation. He is also professional and courteous to deal with as an opponent.” Youngwood acted with another of the firm’s DC-based antitrust partners,
John Terzaken, and DC future star Abram Ellis on a putative class action in which the Simpson team defeated plaintiffs in both practice capacities by securing a dismissal of their antitrust claims in federal court in California, after which plaintiffs voluntarily dismissed their putative securities class action filed in the Southern District of New York. The plaintiffs were direct and indirect purchasers of dynamic random access memory chips or modules (DRAM), who alleged that a group of defendants, including the firm’s client, engaged in a conspiracy to inflate prices of DRAM products.
Peter Kazanoff, another New York star whose practice straddles securities and M&A litigation, is addressed as “really excellent” by a peer, who goes on to insist, “I can’t say enough good things, and [Benchmark] should be saying more about him!”
Simpson Thacher’s celebrated insurance practice continues apace with a series of engagements for a host of brand-name global carriers. With the recent retirement of Mary Beth Forshaw,
Andrew Frankel and Bryce Friedman have seamlessly emerged as the firm’s most seasoned leaders in the practice. The pair has been retained by insurer Chubb to provide strategic advice in connection with the Boy Scouts of America’s (BSA’s) Chapter 11 proceedings and claims for coverage for sexual abuse claims. A newer star in the insurance practice,
Josh Polster elicits praise from peers, one of whom says, “I’ve seen him argue a few times and he has a nice touch.” Friedman and Polster have
been retained by certain underwriters at Lloyd’s, London in connection with claims related to alleged violations of the Illinois Biometric Information Privacy Act (BIPA). In 2019, a plaintiff truck driver filed putative class-action complaints against certain railroads alleging the railroads had collected truck drivers’ personal data at railyards in violation of BIPA’s requirements. The lawsuits alleged that the railroads required drivers to use fingerprint scanners as part of automated gate systems but failed to provide proper notice or secure consent for the collection of the drivers’ biometric information.
The firm’s white-collar/enforcement and investigations practice has also continued to build, with relatively recent recruit
Marc Berger drawing accolades. A peer states, “Marc cycled through several government positions and brings real savvy with him. He really complements [fellow Simpson enforcement star]
Nick Goldin, who is also really excellent and could actually try a case, in addition to his strategic advisory work.”
