40 & Under List - Northeast

Review

Dispute resolution
40 and Under Northeast

Connecticut 

 

Wiggin and Dana 

Connecticut-based Wiggin and Dana boasts several partners on the 40 & Under List. New Haven’s David Roth is recognized again this year for his representation as counsel to Germany and its Berlin museums in a precedent-setting case involving cross-border doctrines such as the Foreign Sovereign Immunities Act and international comity. The case went up to the Supreme Court in 2020, which unanimously reversed an adverse denial of a motion to dismiss from the DC Court and sided with the team’s argument on the scope of sovereign immunity under the FSIA. The case was remanded and succeeded on the motion to dismiss. Roth and the team are briefing on further questions regarding the FSIA’s scope on a new appeal from plaintiffs. In Hartford, Robyn Gallagher maintains an expansive and diverse practice. Recently, she has been involved in one of the many business-interruption claims arising from the COVID-19 pandemic. Gallagher represents The Hanover Insurance Group in related cases, including one recent successfully opposed MDL petition. The firm is also leading other such cases for Zurich Insurance Group and Roth has led in arguing appeals before the New Jersey Appellate Division and the New Jersey Supreme Court. 

 

District of Columbia  

 

Axinn 

Bradley Justus is a rising star in the District of Columbia office of Axinn. His practice focuses on antitrust litigation. He is involved in the Broiler Chicken Litigation as well as pork and turkey antitrust actions. The team defends Tyson Foods in a multitude of class actions alleging industry-wide price manipulation, and conspiracy to depress broiler grower pay. Justus and the team secured a favorable resolution of the class claims for the Broilers case, and in turn, negotiated cost-of-litigation class settlements in the Turkey and Growers actions. Jury trials are scheduled for the Broilers and Pork cases. 

 

Hunton Andrews Kurth 

Hunton Andrews Kurth’s District of Columbia office includes two dedicated litigators. Kerry McGrath focuses on natural resources litigation and is frequently tapped to handle Clean Water Act (CWA), Endangered Species Act (ESA), and National Environmental Policy Act (NEPA). Recently, she has handled a critical and rare federally issued CWA National Pollutant Discharge Elimination System discharge permit for the Four Corners Power Plant on Navajo lands in New Mexico. McGrath defended the permit before the EPA Environmental Appeals Board and is continuing to lead the defense in the Ninth Circuit appeal. Another rising star in the DC office is Carter Simpson whose civil litigation practice is diverse with experience in antitrust, consumer, and class action matters. His expertise is in representing clients in the food and beverage, retail, and hospitality industries. He is currently defending NHK Spring in an opt-out lawsuit filed by a corporate purchaser Seagate Technology. The complaint alleges price-fixing specifically for HDD suspension assemblies, a part used in the manufacture of hard disk drives. The team succeeded, in part, on two motions to dismiss, and the remainder of the claims are actively being litigated. 

 

Kaplan Hecker & Fink 

Ray Tolentino of Kaplan Hecker & Fink’s DC office is an emerging talent with a significant record of wins in civil and appellate litigation. He has been at the forefront of civil rights and election law litigation. Tolentino faced several challenges to congressional maps over the last year. In Pennsylvania, he represented the Governor and Acting Secretary of State against plaintiffs who sought an emergency application with Justice Alito in pursuit of an injunction that required at-large statewide congressional elections. Tolentino and the team, including the Pennsylvania Office of Attorney General, successfully opposed the emergency application and won the case upon the plaintiffs’ voluntary dismissal after the Supreme Court’s denial. In addition to his recent litigation, Tolentino has also been active in representing organizations and key stakeholders in amicus briefs in recent Supreme Court cases.  

 

Kramer Levin Naftalis & Frankel 

Kramer Levin’s rising star in DC, William Trunk, was among the group of lawyers from Robbins Russell who moved to the firm just over a year ago. Trunk maintains an active practice in bankruptcy and commercial litigation He is lead counsel in representing Black Diamond Capital Management, amongst other affiliates and officers against the Chapter 7 Trustee for the estate of Bayou Steel Holdings. The Trustee brought the adversary proceeding alleging numerous claims. In another case, Trunk defends Community Health Systems against similar claims filed by the Litigation Trustee for the QHC Litigation Trust in an effort to avoid a $1.2 billion transfer to CHS.  

 

Paul, Weiss, Rifkind, Wharton & Garrison  

The DC office of Paul, Weiss features three partners new to the 40 & Under List this year. Paul Brachman is a civil litigator with an established specialty in antitrust work. His recent casework has involved the burgeoning cryptocurrency-related litigation. Brachman was granted motions to compel arbitration decisions for Coinbase in two separate consumer class actions involving different stablecoins. While Brachman’s private practice is bustling, he also dedicates time to leading pro bono cases. A talent in white-collar crime and investigations, Lina Dagnew obtained a new trial on behalf of a hedge fund executive Anilesh “Neil” Ahuja who was originally convicted to a 50-month sentence in a securities fraud case. The team uncovered government misconduct and disclosure failures by using a Freedom of Information request that is rarely used in criminal cases. Dagnew and the team’s efforts led to a new trial in which the client’s sentence was reduced to no prison time, no fine or supervised release. In addition to white-collar work, Dagnew has also recently handled a series of qui tam lawsuits in Illinois, New Jersey, New York and Florida. Kyle Smith represents Uber in a series of cases, including one that he recently resolved against the New York City Taxi & Limousine Commission. The crucial win for the client challenged a new rule sought by the city’s TLC which would have changed the way drivers’ pay is calculated and cost Uber millions of dollars. Smith and the team secured the victory before the New York Supreme Court which granted a same-day ruling on the merits. Smith also represents another widely recognized company, Amazon, in antitrust consumer class action disputes related to the company’s pricing policies. 

Simpson Thacher & Bartlett 

Simpson Thacher & Bartlett’s District of Columbia office features two partners who have made their debuts on the 40 & Under List this year. Preston Miller is a rising partner in the antitrust space, defending clients in actions filed by government agencies and departments. His expertise in mergers and acquisitions has been integral to handling recent challenges to high-stakes mergers. In a critical victory for client Change Healthcare, Miller secured a full dismissal of a challenge brought by the DOJ and two states, New York and Minnesota, to enjoin UnitedHealth Group’s proposed acquisition of Change Healthcare. After the 12-day trial, the court rejected the DOJ’s challenge, which they appealed but abandoned the case in March 2023. Karen Porter maintains a multi-faceted practice which involves both securities and white-collar crime investigations and litigation, among other practice areas. Her casework over the last year exemplifies the dynamic nature of her practice. She has been defending Home Point and its directors, officers, and controlling investor in a putative securities class action arising from the client’s IPO. After oral arguments on a motion to dismiss last year, the court, in part, granted the motion, dismissing a significant number of the alleged claims. The rest of the issues are in discovery. On the white-collar crime side of her practice, she has represented financial institutions and a diverse set of companies in investigations related to money laundering, potential corruption, and sanctions controls and conduct brought by the DOJ, SEC, and CFTC in various matters.

Wilkinson Stekloff 

As one of the premier boutiques in the District of Columbia, Wilkinson Stekloff features a talented bench of rising stars who are already receiving nationwide recognition for their trial acumen. Among them is Cali Arat who has developed a significant reputation. Peers have remarked that “she is fabulous”, and as co-counsel, one states, “Cali is one of my favorite human beings!”  As lead trial counsel to Monsanto in the first RoundUp case to go to trial. The plaintiff alleged that the company’s herbicide caused their non-Hodgkin lymphoma. Arat, as lead lawyer, argued Daubert motions, voir dire of jurors, and handled three cross-examinations and direct examinations. Arat resolved the case favorably just prior to closing arguments. Another of the firm’s top young talent is Rakesh Kilaru who serves as co-lead counsel to Microsoft in the closely watched case against the FTC which seeks to block the company’s acquisition of Activision Blizzard. Following an evidentiary hearing, In the most recent development of the case, Kilaru and team obtained a critical victory: Following an evidentiary hearing, the Northern District of California denied the FTC’s request for an injunction. Moira Penza is a rising trial lawyer who has an increasingly diverse practice. Over the last year, she has been co-lead counsel in defending Altria Group in separate cases. Multiple cases have stemmed from the company’s minority investment in JUUL Labs and additional antitrust lawsuits alleging Sherman Act and Clayton Act violations. Penza’s team is also lead trial counsel in an MDL that includes RICO and state-law claims filed by a putative class of JUUL Labs consumers, government entities, and individual consumers who allege personal injuries. In addition to the cases in the Northern District of California, Penza is also leading a case that is ongoing with the Federal Trade Commission (FTC). At an administrative trial in 2021, Penza led in examining Altria’s scientists and assisted in post-trial briefs. Penza’s team was successful in persuading the Chief Administrative Law Judge who dismissed the FTC’s claims that the company had violated antitrust laws. The FTC has since appealed. 

 

Williams & Connolly 

From its office in DC, Williams & Connolly has consistently maintained partners who stand out on the 40 & Under List. Katherine Trefz is co-chair of the firm’s internal investigations practice group and specializes in criminal defense as well as government and internal investigations. While a large portion of her practice is dedicated to investigative matters, she has also been engaged in antitrust disputes. Trefz scored a win for Endo Pharmaceuticals in an antitrust class action that challenged a patent settlement which plaintiffs alleged unreasonably delayed the entry of the generic version of Opana ER. The jury ultimately found in Endo’s favor.  

 

New York  

 

Axinn 

A new addition to the 40 & Under List comes from the New York office of Axinn. Craig Reiser is a litigator with experience in multiple disciplines of practice, serving as lead partner in cases involving antitrust class actions, commercial claims and multi-district litigation. Reiser is co-lead counsel defending World Chess Champion and Grandmaster Magnus Carlsen against Grandmaster Hans Neimann who filed defamation claims and violations of the Sherman Act. Reiser obtained an initial dismissal of the claims against Carlsen. After Neimann filed an amended complaint, the team briefed a second motion to dismiss. Reiser is also involved in cases representing Alvogen. 

 

Boies Schiller Flexner 

The Boies Schiller Flexner office in New York hosts four new additions on this year’s 40 & Under ListBrooke Alexander, an up-and-coming crisis management litigator, and Marc Ayala, a rising commercial litigator with a specialty in bankruptcy-related disputes, are both taking the lead on two cryptocurrency-related cases that have garnered significant media attention over the last year. They currently serve as lead lawyers representing a class of individuals against FTX founder Sam Bankman-Fried, along with a group of celebrities that acted as “brand ambassadors” for the cryptocurrency platform. In another case, they represent a putative class of investors in a securities class action filed against Voyager Digital cryptocurrency platform. The case alleges that the now-defunct platform’s “Earn Program Accounts” and cryptocurrency tokens were unregistered securities that were offered and sold in violation of relevant securities laws. In addition, the lawsuit alleges that the bankrupt Voyager Digital Holdings is also liable for losses stemming from the company’s suspension of withdrawals. In the bankruptcy space, Ayala and Andrew Villacastin were lead partners representing an ad hoc group of lenders in an adversary proceeding arising from Revlon’s 2020 transaction to secure new loans with the help of a favored group of minority lenders. The team’s clients held the majority of the outstanding debt related to a $1.8 billion secured credit facility the company used to fund its acquisition of Elizabeth Arden. The collateral used in the 2020 transaction included IP related to well-known beauty brands, which was the same collateral used to secure the facility. The pair ultimately obtained a settlement of an amended reorganization plan that significantly favored the clients ad hoc group. Villacastin’s eclectic practice also includes white-collar crime and commercial matters. He’s currently representing victims of Jeffrey Epstein in separate lawsuits against banks JP Morgan Chase and Deutsche. The plaintiffs assert claims that the banks supported Epstein’s sex trafficking, and in a critical win for the clients, the court allowed several of the claims to proceed to trial at the end of the year. Thomas Sosnowski litigates and arbitrates disputes, especially those involving complex commercial and business conflicts. After Major League Baseball restructured its relationship with the minor league, the Staten Island Yankees, owned by Nostalgic Partners, ended its affiliation with the New York Yankees. Nostalgic Partners filed a lawsuit against the Yankees and the Steinbrenner Family Trusts, in addition to actions against MLB. Sosnowski obtained a dismissal of claims filed against the Steinbrenner Family Trust and seven of eight claims against the New York Yankees.  

 

Cravath Swaine & Moore 

In New York, Cravath Swaine & Moore’s bench features a host of 40 & Under partners who are leading high-profile cases and building significant reputations in their respective practices. A new member of the list and recent addition to partnership is Michael Zaken, who is working alongside previous 40 & Under stars representing Epic Games in its appeal to the Ninth Circuit, which saw oral argument in November 2022. Zaken also worked with Sharonmoyee Goswami on the team that scored an initial win for Illumina in the closely watched trial against the Federal Trade Commission. During the trial, Goswami led in examining fact witnesses and put on the client’s technical and remedy experts. Goswami argued the appeal filed by the FTC and continues to represent the client at the Fifth Circuit. Goswami also specializes in intellectual property and recently argued before the Patent Office in IPR proceedings on behalf of ADT which resulted in a victory against Vivint in connection to a patent related to a smart home security system’s camera. Commercial litigator Brittany Sukiennik is defending Light & Wonder (formerly known as Scientific Games Corporation) against IP-related antitrust claims, specifically involving casino-grade automatic card shuffler patents that the plaintiffs allege were obtained through fraud and illegally enforced through sham litigation to monopolize the industry. The antitrust suit and putative class actions were filed in the Northern District of Illinois, but Sukiennik succeeded on two motions to compel arbitrations for two of the lawsuits. In commercial litigation, Sukiennik and David Korn continue to represent PG&E in scores of lawsuits erupting from the 2019 Kincade Fire, the 2020 Zogg Fire and the 2021 Dixie Fire. On the antitrust front, Korn, Lauren Kennedy and Helam Gebremariam act as lead counsel for Blue Cross Blue Shield and other member plans in a consolidated multidistrict antitrust class action in the Northern District of Alabama. The team resolved subscribers’ claims in a settlement approved in 2022. Last August, the team also scored a victory in the provider class action which safeguarded the core business model of the BCBS system. Gebremariam has also represented Tesla CEO Elon Musk and its Board of Directors in securities lawsuits, including a recent win in a stockholder derivative action. The case is on appeal at the Delaware Supreme Court. Michael Addis has represented clients involved in complex civil litigation, including two recent qui tam cases defending pharmaceutical companies Novartis and Biogen in separate actions against the United States. Both cases allege violations of the False Claims Act and Anti-kickback Statute. Lauren Rosenberg maintains a diverse practice with recent cases ranging from bankruptcy to commercial. In the antitrust space, Rosenberg argued before the Second Circuit following a complete dismissal at the district court of an antitrust action brought by the parent company of an electronic stock-loan trading platform against client Morgan Stanley. Rosenberg secured the dismissal. 

 

Herrick Feinstein 

New York-based Herrick Feinstein features two partners on the 40 & Under List. A rising star in the firm’s restructuring and financial litigation group, Christopher Carty has assisted corporate clients in complex litigation. Most notably, he is a member of the special litigation counsel team representing the Official Committee of Unsecured Creditors in the Sears Chapter 11 cases which have garnered widespread attention from mainstream and industry publications alike. Last year, a global settlement was reached which resolved the Insider Litigation and Investigation, both of which were handled by Carty and the team. The Bankcruptcy Court approved the settlement in August 2022, and it has ultimately led to the Debtors reaching an effective date for the plan that was confirmed in 2019.  Shivani Poddar is a litigator with a broad practice that includes commercial, real estate, and employment disputes. In a recent dispute, Poddar represented JMH Deveopment, the managing member in a joint venture set to construct a luxury residential development in Miami. The joint venture’s partner, PSB, filed the lawsuit alleging breach of contract and fiduciary duty claims, among others. After a 3-day bench trial, the court ruled in the client’s favor on all claims, awarded attorney's fees, and dismissed the case. Through the ruling, the client was able to renew the entitlements for the project and resume development. 

 

Hoguet Newman Regal & Kenney 

As a top boutique law firm focused on litigation, the next generation of lawyers at Hoguet Newman Regal & Kenney are skilled litigators with early career experience leading cases. New to this year’s list and recent partner, Miriam Manber handles a wide range of cases that involve insurance, commercial and labor and employment. Notably, she has defended Syngenta Crop Protection in an insurance coverage case filled by Zurich American Insurance Company, the client’s primary and umbrella insurance companies. The plaintiff sought declaratory judgment of no coverage for long-tail personal injury exposure alleged claims against the client. Manber and team succeeded on a summary judgment motion regarding the timing threshold, and additionally, defeated the opposing counsel’s pre-discovery motion for summary judgment. Zurich made a second attempt to secure summary judgment on the timing of the claim, but again was denied and the case proceeded to trial which resulted in a compete victory for the client. Manber and employment litigation specialist Helene Hechtkopf are defending the Metropolitan Transit Authority (MTA) and associated individuals in a civil rights class action alleging that the NYC subway system’s elevators are non-compliant with the ADA. The duo succeeded on a summary judgment motion in district court. The case was remanded by the Second Circuit to address whether sufficient alternatives are available when elevators are out of service. Hechtkopf is often called upon by the MTA to handle various employment and commercial matters. On the commercial side, she represents the Construction & Development arm of the MTA in an $84 million contract dispute with a major contractor involved in the construction of the East Side Access Project. The dispute is ongoing before an East Side Access Dispute Review Board. 

 

Holwell Shuster & Goldberg 

An up-and-coming trial lawyer and appellate specialist, Gregory Dubinsky has had several recent wins, playing significant roles in each. As lead counsel for the National Basketball Association, Dubinsky obtained a complete victory after the Sixth Circuit affirmed the District Court’s dismissal of the antitrust lawsuit. The case was filed by an aspiring agent who alleged that the NBA and its players union was violating the antitrust laws. Dubinsky briefed and argued the case before the district court, leading to the win on appeal. In another case, he represents an individual, Iftikar Ahmed, who is seeking to challenge an arbitration award. Dubinsky argued the appeal before the Supreme Court of Connecticut and a decision is pending. Benjamin Heidlage enjoys a diverse practice that historically has involved securities, commercial litigation, and more recently, insurance coverage matters. Last year, he and fellow stand-out litigator Blair Kaminsky obtained two key victories in separate cases on behalf of Chubb in a multitude of insurance coverage disputes. These wins included two successful summary judgment motions in separate cases – one in California federal court which asserted that the client had no duty to defend a pharmaceutical distributor, and the other in the case against Zogenix. Another victory was awarded by the Supreme Court of Delaware in January 2022, and later in August, the Delaware Superior Court returned a favorable decision to deny a motion to dismiss filed by CVS. While often seen as a commercial litigator, Jayme Jonat’s practice often touches upon antitrust and securities, making her adept at handling complex and multidimensional matters. She and Kaminsky have served as lead counsel to Visa in the long-running antitrust MDL that included both class actions and opt-out cases brought by the largest retailers in the nation. A settlement was reached between Visa and one class of merchants in September 2018; however, the approval was appealed in 2021, followed by argument in 2022. Earlier this year, the Second Circuit upheld the approved $5.6 billion settlement. In addition to handling bet-the-company cases, Jonat also maintains an active pro bono practice, representing female flight attendants and pilots of Frontier Airlines in a first-of-its-kind workplace discrimination lawsuit which alleged a systemic failure to accommodate pregnant and breastfeeding employees. Frontier’s motion to dismiss was denied by the District Court of Colorado, and the ruling ultimately led to Frontier changing its policy to allow flight attendants to safely pump during flights. Recently re-hired to the firm after a year in-house, Priyanka Timblo is a notable new addition to this year’s 40 & Under List. Timblo hit the ground running with a $70 million victory for investment fund Melody Business Finance, acting as plaintiff in an array of actions arising from loans that were defaulted on. Timblo and a previous 40 & Under star obtained a key summary judgment decision on liability. During the damages inquest, Timblo co-led opening and closing arguments, witness examination, and the introduction of countless exhibits. The New York Supreme Court Commercial Division awarded $69.8 million, including attorney's fees, to the client. 

 

Kaplan Hecker & Fink  

The New York office of Kaplan Hecker & Fink includes stars on this year’s 40 & Under List who have gained increasing notoriety for working on cases that often garner significant press coverage. Among the most high-profile cases, Shawn Crowley and Joshua Matz worked alongside a name partner to represent journalist E. Jean Carroll against former President Donald Trump in two separate lawsuits – one alleging a defamation claim regarding statements made by the former president in 2019, and the other alleging a battery claim and additional defamation for a statement made in 2022. Matz and Crowley took the latter case to trial in April 2023 and the jury delivered a complete victory, finding that the former president did sexually assault and defame Carroll and awarded her $5 million in damages. The former defamation case regarding a 2019 statement was argued before an en banc sitting of the DC Court of Appeals and raises questions concerning the presidential immunity under the FTCA. Crowley has a deep background in white-collar crime, having joined the firm after serving as the Assistant United States Attorney for the Southern District of New York. Using her talent and experience, Crowley defended Gina Zhou, a former employee of a nongovernmental organization who was charged under the FCPA by the US Attorney’s office in the SDNY. Under Crowley’s guidance, Zhou pled guilty to only one of the five charges, resulting in a sentence of time served which the judge noted that, if possible, she would have reduced the sentence to less. Matz, an appellate and civil litigator whose practice focuses primarily on government and regulatory issues, has been especially active in pursuing litigation related to election law and civil litigation against state government entities. He filed the 40-page opposition brief as counsel of record representing the Pennsylvania Governor and Acting Secretary of State against a challenge to the congressional map provided by the PA Supreme Court. Commercial and securities litigator John Quinn is also pursuing cases against former President Trump, as well as the Trump family and business, in a putative class action brought by plaintiffs alleging they were defrauded by the defendants. Thus far in the case, Quinn and the team have secured wins at the Second Circuit and district court. Most recently, the appeals court affirmed the district court’s decision to deny the defendants’ motion to compel arbitration. The case is expected to go to trial in 2024. In the securities space, Quinn has teamed up with one of the name partners to handle a residential mortgage-backed security (RMBS) “repurchase” matter. Quinn defends Natixis, a sponsor of the associated transaction, and in early 2023, reached an agreement in principle with the securities administrator of the trust to resolve the action, which was stayed through June. 

 

Kasowitz Benson Torres 

Kasowitz Benson Torres features three new partners to this year’s 40 & Under List. Melissa Barahona is an up-and-coming labor and employment litigator. Barahona handles work for financial institutions such as private equity firms and brokerage firms, as well as nationwide companies. She took a recent case before the Commercial Division of Westchester Country and obtained a complete victory for its client Saw Mill Capital. The court denied the plaintiff’s breach of contract claims, and the plaintiff has appealed the ruling to the Second Department of the New York Supreme Court, Appellate Division. After the appellate court affirmed the dismissal, the plaintiff filed a motion to reargue, which was again denied earlier this year. Nicholas Rendino is a commercial litigator who has a specialty in handling cases before regulatory agencies. He is handling a series of cases representing Energy Transfer in connection with the Dakota Access Pipeline. In the matter filed against Greenpeace, Rendino and the team survived motions to dismiss in Morton County District Court. In another case, Rendino intervened in an administrative proceeding brought by the North Dakota Private Investigative and Security Board against contractor Tiger Swan. The client seeks a protective order regarding documents produced by Tiger Swan for the Board in violation of two companies’ contracts. Multiple actions were filed against the Board, and both went up to the North Dakota Supreme Court. Ultimately, Rendino and the team obtained a partial win, securing a protective order prohibiting disclosure of portions of the documents. Jason Short focuses on international disputes and recently joined the firm from another New York boutique. His practice involves cross-border government investigations, civil litigation and enforcement actions, especially involving finance and banking. Brian Choi handles both commercial litigation and white-collar crime investigations, representing clients before enforcement agencies and the courts. Choi has been representing TerraForm Power and one of its affiliates in a $300 million malpractice action against two prominent law firms that had represented the client in their acquisition of a clean energy developer. After the New York State Supreme Court denied the defendants’ motions to dismiss, the claims against one of the law firms was sent to arbitration. In the white-collar crime space, Choi and the Kasowitz team obtained a favorable sentencing order for Venezuelan businessman Abraham Jose Shiera-Bastidas who was charged in a $1 billion criminal FCPA conspiracy. His sentence went from 150 years in prison to only one year and one day due to their representation. Real estate and commercial litigator Jennifer McDougall represented Parkmerced Investors, a real estate investment and development firm, in its $150 million breach of contract lawsuit against WeWork. Andrew Schwartz maintains a multidisciplinary practice involving both commercial and securities litigation. His securities practice features a victorious $420 million all-cash settlement for Teva and its individual directors and officers in one of the largest securities class actions. Schwartz and the lead partner are defending over 20 related direct actions. 

 

McKool Smith 

Melissa Cabrera of McKool Smith’s New York office is an astute lawyer in intellectual property and complex commercial litigation. She is actively representing Prevent USA Corporation in an antitrust action against Volkswagen. The suit alleges Volkswagen obtained monopsony power in the market for Volkswagen-certified automotive component parts through, among other things, precluding Prevent USA from acquiring other suppliers in the market and thus increasing its own bargaining power. 

 

Patterson Belknap 

Patterson Belknap’s New York office includes a group of partners featured on the 40 & Under List. Joshua Kipnees specializes in representing pharmaceutical and food and beverage clients in false advertising and government investigations. He has handled a long-running case for Gilead, representing the company in its lawsuit against 50 healthcare providers and pharmacies in Florida who gave homeless and indigent individuals repackaged and misbranded PrEP, after recruiting them to attend Gilead-affiliated clinics and enroll in the charitable program that provides free HIV prevention medication. After the team prevailed against 12 separate motions to dismiss and, in 2022, the motion to freeze assets against the defendants was granted. The win led to a settlement, and in total, collected $200 million in recovery and default judgments. Kipnees also secured permanent injunctions that prohibit defendants from participating in the free-drug program. White-collar crime and investigations litigator Lauren Schorr Potter has been involved in several fraud-related actions, including one for Johnson & Johnson and its subsidiary Ethicon in a multibillion-dollar litigation stemming from the client’s acquisition of Auris Health, a robotics-assisted surgical device manufacturer. The acquisition included an additional $2.35 billion contingency payment if the device hit predetermined milestones. After determining the milestones would not be met, plaintiff Fortis Advisors filed claims against the client. In 2021, The team’s motion to dismiss was granted against named individual defendants. Schorr Potter has completed discovery and pre-trial motions are being filed. False advertising specialist Jane Metcalf is co-lead lawyer defending Coca-Cola in two separate actions related to the company’s “100% recyclable” plastic packaging. In one of the cases, she obtained a tentative decision in favor of a motion to dismiss. Another two consolidated cases, a putative class action and a single-plaintiff case filed by the Sierra club, also succeeded in a motion to dismiss; however, the plaintiffs were able to file an amended complaint. The team further includes Stephanie Teplin, who also serves as the co-general counsel of the firm while maintaining an active litigation practice. In an entertainment matter, Teplin defends McGraw Hill against authors seeking to challenge the company’s digital royalty payment schemes. The team’s motion to dismiss was granted in part and denied in part, specifically granting the dismissal of the breach of contract claim. The team filed to seek leave to move for summary judgment as to the remaining claims, and in response, the plaintiffs dismissed with prejudice. However, Teplin and the team continues to defend McGraw Hill at the Second Circuit regarding the motion to dismiss on the breach of contract claim. Finance and commercial litigator Jason Vitullo secured a victory for Ambac in its long-running case against Countrywide Home Loans and Bank of America. The matters initially alleged fraud and breaches of representation and warranties in connection with the mortgage loans underlying residential mortgage-backed securities transactions. After several trips up and down the courts, the team resolved the matter with a $1.84 billion settlement for Ambac.  

 

Paul, Weiss, Rifkind, Wharton & Garrison 

The New York office features a strong bench of up-and-coming litigators in a wide variety of practice areas. In antitrust and securities litigation, Brette Tannenbaum has taken on lead roles in several cases over the last year. The results of a 2016 FDA audit spurred a series of securities and derivative actions that Tannenbaum has been involved in on behalf of Blackstone, one of several investment funds to be named in lawsuits. In one of the cases, Tannenbaum recently obtained an en banc opinion from the Delaware Supreme Court that affirmed the dismissal of the client. Her antitrust practice has been equally active in appeals. A successful oral argument at the Second Circuit on behalf of Mastercard, as well as other widely used payment cards in the co-defendant group, led to an approved settlement that resolved a long-running dispute. Last year, Tannenbaum spoke with Benchmark about her practice in a Q&A feature. Alexia Korberg has gained increasing notoriety in both securities and constitutional litigation, a core focus of their pro bono practice. They recently played a crucial role in one of the most important reproductive justice cases as co-lead counsel to Jackson Women’s Health Organization in Dobbs v. Jackson Women’s Health Organization. After first having a career in private equity, Korberg now brings that knowledge and expertise to litigation, particularly in M&A disputes. They recently went to trial representing independent directors of the former CBS Corp. in Delaware Court of Chancery. The shareholder class and derivative action stems from the CBS-Viacom merger that closed in 2019. Korberg has also been involved in defending Goldman Sachs in a securities class action. The team was initially retained to co-lead at the Supreme Court and following a series of adverse decisions, Korberg and the team were sought again to continue handling the Second Circuit appeal. Jeffrey Recher has established a specialty in handling a range of complex commercial matters. Of late, his casework has involved business disputes that have led to contentious arbitrations. A new addition to this year’s list is Erin Morgan, a civil litigator with exceptional skill across practice areas. She is currently engaged in discovery representing Qualcomm in an intellectual property-related business dispute involving a licensing agreement between Qualcomm’s recently acquired subsidiary NUVIA and SoftBank’s subsidiary ARM.  

 

Reid Collins & Tsai 

Yonah Jaffe of top plaintiff shop Reid Collins & Tsai routinely represents clients in complex financial litigation with notable emphasis in bankruptcy actions and insolvency proceedings. His bankruptcy roots have laid a solid foundation in his time as a commercial litigator, working on behalf of plaintiffs, defendants, bankruptcy trustees, liquidators, and creditors in a variety of matters in state and federal courts. 

 

Sanford Heisler Sharp 

Sanford Heisler Sharp’s New York group of next generation plaintiffs’ side lawyers are dominant forces in employment-related litigation. Russell Kornblith and Carolin Guentert are leading a Title IX class action against Harvard on behalf of female students in the Anthropology Department. The case alleges claims of sexual harassment and retaliation. The duo prevailed against Harvard’s motion for summary judgment and motion to dismiss earlier this year. Konblith’s casework `over the last year also includes an ERISA action filed individually and as a representative of a class of employees working at the consulting firm West Monroe Partners. Kornblith’s clients allege that the company and its executives used layoffs and other avenues to cash out shares of former employees in their ESOP. The case is active in litigation after Kornblith prevailed against the opposing counsel’s motion to dismiss. Guentert specializes in representing plaintiffs in criminal and sexual violence cases, in addition to harassment and discrimination. She is scheduled to go to trial in July, representing a class of individuals who work or have worked at Schlumberger Technology Corporation as non-managerial oil riggers. Guentert’s clients allege sexual harassment, gender discrimination and retaliation claims and seek back and front pay, compensatory and punitive damages for no less than $100 million. Alexandra Harwin has also taken action against 401(k) mismanagement, filing breach of fiduciary duty claims under ERISA on behalf of 200,000 UnitedHealth Group employees and plan participants. Harwin obtained class certification and a settlement conference is set to occur this year. On the employment side of her practice, she is lead counsel representing Graham Chase Robinson in a case against Robert De Niro and Canal Productions, his corporate entity. The lawsuit alleges claims of hostile work environment and retaliation. Harwin is actively gearing up for trial. 

 

Simpson Thacher & Bartlett 

Meredith Karp is an up-and-coming partner in the securities field hailing from the New York office of Simpson Thacher & Bartlett. Her list of current cases includes several high-profile matters. She is among the firm’s partners who successfully defended Toronto-Dominion Bank (TD Bank) in a class action arising from Robert Allen Stanford’s ponzi scheme. Plaintiffs and the Official Stanford Investors Committee, which intervened, asserted aiding and abetting claims against numerous banks, including TD. On the morning of trial, Karp and the team reached a settlement agreement with the OSIC and individual plaintiffs, settling the three remaining claims for a payment of $1.2 billion. The plaintiffs sought $4.5 billion in the case. Karp also maintains an active pro bono practice and recently succeeded in a first amendment case that restored Kansas citizens’ ability to vote by mail.  

 

Wachtell Lipton Rosen & Katz  

Wachtell Lipton Rosen & Katz is home to dedicated litigator Steven Winter. His practice focuses on representing directors and corporations in derivative and class action lawsuits, litigation involving mergers and acquisitions, and complex commercial disputes. 

 

Wiggin and Dana 

While Wiggin and Dana’s mainstay is in Connecticut, its reach goes far beyond the state borders. The New York office is equipped with 40 & Under partner Nathan Denning whose experience in an assortment of complex litigation has fashioned him as a go-to resource for clients. He is representing Epic Games, with his previous law firm as co-counsel, in its antitrust lawsuit against Apple. Following a sixteen-day bench trial in 2021, Denning’s client prevailed on key issues. The court’s nationwide injunction enjoined Apple from prohibiting non-Apple payment mechanisms and developers from communicating with users to direct them to their payment mechanisms. Denning and the team are handling the appeal alongside co-counsel, working with third-party documentary and deposition discovery, as well as expert testimony. 

 

July 2023