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Cravath, Swaine & Moore LLP

WORLDWIDE PLAZA, 825 EIGHTH AVENUE, 10019-7475, USA
Tel:
Work +1 212 474 1000
Fax:
Fax +1 212 474 3700
Email:
Web:
www.cravath.com
London, NEW YORK

Kevin Orsini

Tel:
Work (212) 474-1596
Email:
Cravath, Swaine & Moore LLP

Work Department

Litigation.

Position

Kevin J. Orsini is a partner in Cravath’s Litigation Department and serves as Co‑Chair of the Firm’s Business Development Group. His practice focuses on complex antitrust litigation, mergers and acquisitions litigation, securities litigation and other commercial disputes. Mr. Orsini has experience representing companies and individuals in all stages of litigation, from pre‑complaint investigation through trial and appeal. His clients have included Alcoa, Black Entertainment Television, Barnes & Noble, Crown Castle, CSC Sugar, FleetCor Technologies, Goldman Sachs, HCA, IBM, JPMorgan Chase, Mylan, Occidental Petroleum, Palantir Technologies, PG&E, Sabre, Time Warner, Viacom, The Williams Companies and Xerox.

Trial Experience

Mr. Orsini has substantial first‑chair litigation and trial experience. In the past four years alone, he has tried five matters; a number of these as lead trial counsel. Recent representations include:

  • Won judgment in favor of American Express on appeal following a two‑month trial in a lawsuit filed by the DOJ and 17 state attorneys general—one of the most significant government antitrust enforcement actions in recent history. Mr. Orsini was named a “Litigator of the Week” by Global Competition Review for his work on this matter. He continues to represent AmEx in the ongoing appeal before the U.S. Supreme Court.
  • Won a landmark decision for Barnes & Noble after a four‑day expedited trial in an action brought in the Delaware Court of Chancery by various funds managed by Ronald Burkle challenging the company’s poison pill. The decision was affirmed by the Delaware Supreme Court in March 2011.
  • Won the dismissal of lawsuits against DHT Holdings filed by Frontline, one of DHT’s largest shareholders, in New York state court and the Marshall Islands related to Frontline’s rejected offer to acquire the company. Mr. Orsini served as lead trial counsel and successfully argued against Frontline’s TRO and preliminary injunction motions in both actions.
  • Representing Palantir Technologies as lead trial counsel in litigation concerning a shareholder’s books and records demand. The case was tried in the Delaware Court of Chancery in June 2017 and the court has reserved judgment.
  • Represented The Williams Companies as plaintiff in M&A litigation culminating in an expedited two‑day trial before the Delaware Court of Chancery seeking to enjoin Energy Transfer Equity from terminating a planned $37.7 billion merger.
  • Represented FleetCor Technologies, a payment service provider, and its subsidiary as trial counsel in a breach of contract dispute filed in the Delaware Court of Chancery by TA Operating, an operator of nationwide travel centers. The matter was tried in April 2017.
  • Representing Time Warner as trial counsel in an antitrust lawsuit recently filed by the DOJ seeking to block Time Warner’s $108.7 billion pending acquisition by AT&T.
  • Representing PG&E as co‑lead trial counsel in hundreds of claims filed against the company arising out of the October 2017 Northern California Wildfires.

Select Additional Antitrust Litigation Experience

  • Representing American Express in several antitrust lawsuits and arbitrations challenging as anticompetitive certain provisions of its merchant agreements. Mr. Orsini won dismissal of a related shareholder derivative lawsuit. He also represented AmEx in a putative antitrust class action lawsuit alleging unlawful tying, which was dismissed.
  • Representing Sabre, a travel technology company, in its appeal to the Second Circuit of an adverse jury verdict in an antitrust lawsuit brought by US Airways concerning Sabre’s contract terms.
  • Represented Viacom International and Black Entertainment Television in an antitrust lawsuit brought by Cablevision concerning cable programming bundling, which settled.

Select Additional M&A Litigation Experience

  • Representing The Williams Companies, related entities and members of Williams’ board in lawsuits in Delaware and Oklahoma relating to the company’s contemplated $37.7 billion merger with Energy Transfer Equity.
  • Represented the Special Committee of Delphi Financial Group in a consolidated shareholder class action lawsuit challenging Delphi’s $2.7 billion buyout by Tokio Marine Holdings.
  • Defeated a preliminary injunction motion for Mylan in a lawsuit filed by Perrigo challenging certain disclosure statements that Mylan made in connection with its $27 billion proposal to acquire Perrigo.

Securities and Other Commercial Litigation Experience

  • Won a motion to compel arbitration and defeated a motion for preliminary injunction on behalf of Barnes & Noble Booksellers in a putative class action lawsuit concerning consumer digital privacy.
  • Representing J.P. Morgan Securities, individually and as successor in interest to Bear Stearns, in litigation filed by First Community Bank concerning collateral debt obligations.
  • Representing Mylan and certain of the company’s directors and officers in a consolidated putative securities class action lawsuit filed by shareholders concerning certain disclosures about its EpiPen product.
  • Won the dismissal of a shareholder derivative action for Barnes & Noble concerning the company’s financial reporting and internal controls. Mr. Orsini also represented the company in a related consolidated securities class action lawsuit, which plaintiffs voluntarily dismissed following dismissal of the derivative suit.
  • Won the dismissal of a putative shareholder class action against Barnes & Noble alleging breaches of fiduciary duties related to the company’s acquisition of Barnes & Noble College Booksellers and violations of Section 14(a) of the 1934 Act based on certain disclosure statements.
  • Represented Goldman Sachs against multibillion‑dollar claims asserted in the Lyondell bankruptcy proceedings.
  • Won the dismissal of a securities fraud lawsuit against JPMorgan Chase concerning collateralized debt obligations.

Career

Mr. Orsini joined Cravath in 2003 and became a partner in 2011.\

Recognitions and Awards

  • The Best Lawyers in America: “Leader” in Antitrust Law (2017, 2018)
  • Law360: “Rising Star” in Competition (2016)
  • New York Law Journal: “Rising Star” (2015)
  • Super Lawyers: “Rising Star” in Business Litigation (2013, 2014)
  • The Legal 500 US: Recommended for antitrust litigation (2016-2017), M&A litigation (2012-2014, 2017) and securities litigation (2011)
  • Benchmark Litigation: “Future Star” (2016-2018), “Under 40 Hot List” (2016-2017)
  • Lawdragon: “500 Leading Lawyers in America” (2018)

Education

Mr. Orsini received a B.A. summa cum laude from George Washington University in 2000, where he was elected to Phi Beta Kappa, and a J.D. cum laude from New York University School of Law in 2003.


United States: Antitrust

Civil litigation/class actions: defense

Within: Next generation lawyers

Kevin Orsini - Cravath, Swaine & Moore LLP

Within: Civil litigation/class actions: defense

New York-based Cravath, Swaine & Moore LLP has earned a strong reputation as a major player in class actions, individual actions and arbitrations. It represents many industry leaders and blue-chip companies from a wide range of sectors, including pharmaceuticals, financial services, transportation, chemicals and telecoms. Evan Chesler and David Marriott are the key partners representing Mylan Laboratories in a set of lawsuits related to alleged reverse payment settlement agreements between Cephalon and generic drug manufacturers. Daniel Slifkin, Michael Paskin and Damaris Hernández are defending Morgan Stanley in litigation brought by Tera Group over an alleged conspiracy among 12 credit default swap (CDS) dealers to boycott and block the emergence of Tera’s CDS trading platform. Kevin Orsini and Peter Barbur are recommended. Christine Varney leads the team. Other clients of the firm include Blue Cross Blue Shield of Tennessee, Anheuser-Busch InBev, Alcon Laboratories and American Express.

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United States: Dispute resolution

M&A litigation: defense

Within: M&A litigation: defense

Cravath, Swaine & Moore LLP in New York is ‘a fantastic firm for M&A litigation’. The practice handles high-stakes, multidistrict litigation for companies, boards of directors and special committees in state and federal courts. Antony Ryan and Kevin Orsini are representing The Williams Companies in several actions challenging its $37.7bn merger with Energy Transfer Equity. In one case, In re The Williams Cos, Inc Stockholder Litigation, the class action was dismissed. Gary Bornstein’s highlights included representing DreamWorks Animation SKG’s controlling shareholder Jeffrey Katzenberg in three consolidated class actions filed in Delaware that allege breach of fiduciary duty in the company’s $3.8bn sale to Comcast. Robert Baron is ‘a tremendous litigator’ and he represented Akorn Inc in six class action suits filed in Louisiana that challenged its $4.3bn sale to Fresenius Kabi. The cases were moved to Illinois and voluntarily dismissed. In April 2018, Sandra Goldstein moved to Kirkland & Ellis LLP.

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Securities litigation: defense

Within: Securities litigation: defense

Cravath, Swaine & Moore LLP in New York has a deep bench that handles high-stakes securities litigation for corporates and investment banks. The firm is the preferred counsel for Credit Suisse Group for high-value litigation and Richard Clary played a key role in obtaining successful outcomes in notable class actions, particularly those related to residential mortgage-backed securities (RMBS) transactions. With Michael Reynolds and rising star Lauren Moskowitz, he took Massachusetts Mutual Life Insurance Company v Credit Suisse First Boston Mortgage Securities Corp, et al to trial, achieving a favorable settlement before conclusion. Kevin Orsini, David Marriott and Rory Leraris is advising Mylan on a class action alleging that the company made false and misleading statements regarding, inter alia, its classification of the EpiPen treatment. ‘Terrific litigatorAntony Ryan, David Stuart and head of litigation Daniel Slifkin secured a favorable settlement for Akorn Inc in a case seeking damages for alleged misrepresentations about the company’s business, operations and internal controls. The firm’s highly recommended partners include Robert Baron, Karin DeMasi, Timothy Cameron and Evan Chesler.

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