David H. Korn focuses his practice on complex litigation, particularly in the areas of antitrust, securities and general commercial. Mr. Korn’s clients have included American Express, the Blue Cross Blue Shield Association and various member plans, Credit Suisse, First Solar, GTT Communications, PG&E Corporation, Sabre, The Walt Disney Company and The Williams Companies.
Mr. Korn has been named to Forbes’s list of “America’s Top Lawyers,” and among other recognitions, he has been repeatedly recommended by The Legal 500 US for his work in media and entertainment, and included in Lawdragon’s “500 Leading Litigators in America,” “500 Leading Global Antitrust & Competition Lawyers” and “500 Leading Global Entertainment, Media & Sports Lawyers” lists.
Mr. Korn is from Jacksonville, Florida. He received an A.B. with honors from Princeton University in 2008, where he was a member of the Varsity Football Team. He received a J.D. magna cum laude from Harvard Law School in 2013, where he was an editor of the Law Review. After graduation, he served as a law clerk to Hon. Stanley Marcus of the U.S. Court of Appeals for the Eleventh Circuit.
Mr. Korn joined Cravath in 2014 and was elected a partner in 2020.
Secured a major trial victory for American Express (“Amex”) in class action litigation brought in New York federal court by classes of debit card and non-rewards credit card users in multiple states alleging that Amex’s non-discrimination provisions inflated prices paid for goods and services sold by merchants across the country. Following a three week trial, the jury unanimously found that Amex’s non-discrimination provisions do not unreasonably restrain trade—an important win that protects Amex’s business model.
Representing the Blue Cross Blue Shield Association (“BCBSA”) and more than a dozen member plans in consolidated multidistrict antitrust class action litigation—one of the largest class actions in the country—brought by putative classes of healthcare providers and health insurance subscribers alleging that the Association and its members have used the Association’s agreements to fix prices and limit competition. He also represents BCBSA and various member plans in related opt-out litigation across the country brought by large self-funded subscribers and providers.
Represented ESPN in connection with separate media rights litigation between the Atlantic Coast Conference (ACC) and Florida State University, and the ACC and Clemson University. A settlement resolved all pending litigation.
Represented M6 Midstream, a leading independent midstream energy company, in a property and antitrust dispute concerning a series of proposed natural gas pipeline installations in Louisiana. Following favorable decisions in the trial court and on expedited appeal, the parties voluntarily dismissed their claims against each other with prejudice.
- Represented The Williams Companies in securing a judgment totaling more than $600 million—following wins at trial in the Delaware Court of Chancery and on appeal to the Delaware Supreme Court—in M&A litigation against Energy Transfer, LP related to a planned $37.7 billion merger.
- Appellate
- Class action
- Commercial disputes
- Competition/antitrust
- Dispute resolution
- Entertainment
- Securities
- A.B. with honors, Princeton University, 2008
- J.D. magna cum laude, Harvard Law School, 2013