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Cravath, Swaine & Moore LLP

WORLDWIDE PLAZA, 825 EIGHTH AVENUE, NEW YORK, NY 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. Mr. Orsini focuses on complex antitrust litigation, mergers and acquisitions litigation, securities litigation and other commercial disputes. Mr. Orsini’s clients have included Alcoa, American Express, Black Entertainment Television, Barnes & Noble, Crown Castle International, Goldman Sachs, HCA Inc., IBM, JPMorgan Chase & Co., Mylan, Occidental Petroleum Corporation, Novartis, Viacom and Xerox.

Mr. Orsini’s recent representations include:

Antitrust Litigation

• Representing American Express (“AmEx”) in a lawsuit in the U.S. District Court for the Eastern District of New York brought by the Department of Justice and 17 state attorneys general alleging that AmEx’s nondiscrimination provisions in its merchant agreements violate the antitrust laws. This case—one of the largest and most significant cases arising under Section 1 of the Sherman Act that the Government has brought to trial in over a decade—culminated in a nearly two‑month bench trial in July‑August 2014.

• Representing AmEx in a series of putative class actions and individual lawsuits brought by large supermarket and pharmacy chains in the U.S. District Court for the Eastern District of New York alleging that AmEx imposed rules that limited merchants from steering their customers to other payment methods in violation of Sections 1 and 2 of the Sherman Act. Mr. Orsini also represents AmEx in related merchant arbitrations.

• Representing AmEx in a putative class action lawsuit filed in the U.S. District Court for the Eastern District of New York brought on behalf of all U.S. merchants that accept AmEx cards alleging that AmEx tied acceptance of certain of its card products to acceptance of other AmEx card products in violation of Section 1 of the Sherman Act.

• Representing AmEx in a series of putative class actions in the U.S. District Court for the Eastern District of New York brought by individual holders of MasterCard, VISA and Discover credit cards, alleging that AmEx’s “anti‑steering” provisions in its merchant acceptance agreements artificially inflated the cost of products and services sold by merchants who accept AmEx credit cards, in violation of Section 1 of the Sherman Act.

• Represented AmEx in a putative class action alleging unlawful tying in the U.S. District Court for the Eastern District of New York in violation of the Sherman Act. The case was dismissed after the U.S. Supreme Court ruled in 2013 that the company’s arbitration provisions in its merchant agreements, which contained a class action waiver, were valid and enforceable.

• Represented Viacom International and Black Entertainment Television in an antitrust lawsuit brought by Cablevision in the U.S. District Court for the Southern District of New York alleging that Viacom engaged in illegal tying and block‑booking by coercing Cablevision into agreeing to distribute certain of Viacom’s allegedly less popular cable channels along with other of its more popular, “commercially critical” networks, including Nickelodeon, Comedy Central, BET and MTV.

Securities and Other Commercial Litigation

Representing AmEx and certain of its directors in a shareholder derivative suit in New York State Supreme Court alleging breach of fiduciary duties in connection with the antitrust violations asserted in the DOJ’s enforcement action against AmEx. The court granted defendants’ motion to dismiss the complaint with prejudice. Plaintiff has appealed.

• Represented Mylan N.V. in a lawsuit filed in the U.S. District Court for the Southern District of New York challenging Mylan’s proposal to acquire Perrigo Company plc for approximately $27 billion. Perrigo sought injunctive relief for alleged violations of Section 14(e) of the Securities Exchange Act of 1934 concerning disclosures in Mylan’s offering materials and other public statements made in connection with the tender offer. Perrigo’s motion for a preliminary injunction was denied in October 2015.

 

• Secured on behalf of JPMorgan Chase & Co. the dismissal of a securities fraud lawsuit concerning collateralized debt obligations in the U.S. District Court for the Northern District of Texas. Mr. Orsini currently represents JPMorgan Chase in Tennessee state court in another lawsuit concerning collateral debt obligations.

 

• Represented Barnes & Noble in a challenge to a poison pill adopted by the company. Following expedited discovery and other pretrial proceedings, a four‑day trial was held before the Court of Chancery for the State of Delaware in July 2010. In August 2010, the court ruled in favor of the Barnes & Noble, rejecting each of the plaintiffs’ claims and upholding the company’s poison pill. That decision was affirmed by the Delaware Supreme Court in March 2011. Mr. Orsini also represented Barnes & Noble in a shareholder derivative litigation in the Delaware Court of Chancery alleging breaches of fiduciary duties in connection with the company’s acquisition of Barnes & Noble College Booksellers.

 

• Represented Barnes & Noble in a series of cases in New York courts that were dismissed prior to the commencement of discovery. In 2012, Mr. Orsini won the dismissal of a shareholder derivative litigation and putative class action in the U.S. District Court for the Southern District of New York alleging breaches of fiduciary duties and violations of the Securities and Exchange Act of 1934. He also represented Barnes & Noble and certain individual defendants in securing the dismissals of a shareholder derivative lawsuit in New York State Supreme Court concerning the company’s internal controls and financial reporting and a related securities class action in the Southern District of New York.

 

• Represented Goldman Sachs against multibillion‑dollar claims asserted in the Lyondell bankruptcy proceedings.

 

• Represented Xerox in complex securities class action litigation alleging that Xerox had engaged in fraudulent accounting practices that materially inflated its stock price.

 

• Represented the Special Committee of Delphi Financial Group in a consolidated shareholder class action lawsuit in the Delaware Court of Chancery challenging Delphi’s $2.7 billion buyout by Tokio Marine Holdings, Inc.

Career

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

Mr. Orsini was named one of seven outstanding competition lawyers under 40 in the nation by Law360 in 2016. The Best Lawyers in America recognized him as a leader in antitrust law in its 2017 edition. He was also named a Rising Star by New York Law Journal in 2015 and a New York Rising Star by Super Lawyers in 2013 and 2014 for business litigation. Mr. Orsini has been recognized by Benchmark Litigation for his litigation work and was named to the publication’s inaugural Under 40 Hot List in 2016. He has also been recognized by The Legal 500 United States for his work in antitrust litigation (2016), M&A litigation (2012‑2014) and securities litigation (2011).

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

Within: Civil litigation/class actions

Cravath, Swaine & Moore LLP’s practice is led by Christine Varney, a former US Assistant Attorney General for Antitrust and FTC Commissioner. The firm has a particularly strong following of clients from the financial services sector; John Buretta is representing Nomura International in nine consolidated class actions involving allegations of collusion and price-fixing over SSA bonds. In another highlight, Daniel Slifkin and Michael Paskin are acting for Morgan Stanley in Re Interest Rate Swaps Antitrust Litigation. Kevin Orsini has experience representing American Express in high-profile antitrust disputes. Elsewhere, Rowan Wilson is representing Mylan Laboratories in a consolidated set of class actions centered on alleged reverse payment settlement agreements between Cephalon and various generic drugs manufacturers (including Mylan). Evan Chesler and Peter Barbur are other notable individuals.

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United States: Dispute resolution

M&A: litigation: defense

Within: M&A: litigation: defense

Cravath, Swaine & Moore LLP provides ‘top-quality service with immediate responses and advice that is always spot on; the firm quickly finds creative and commercial resolutions’. Sandra Goldstein is ‘at the very top of the list of M&A litigators - few, if any, can match her tenacity and skillful advocacy’. She helped 3G Capital and HJ Heinz achieve settlement of a derivative action filed in Virginia state and federal courts and Illinois federal court arising from Heinz’s $60bn merger with Kraft Foods. Gary Bornstein’s highlights included the dismissal of a class action against his client AGL Resources regarding its $12bn acquisition by The Southern Company. Respected practitioner Robert Baron represented Grupo Villar Mir in settling a class action alleging breach of fiduciary duty in its merger with Globe Specialty Metals. The firm’s precedent-setting work included securing a dismissal for First Citizens BancShares that enables Delaware corporations to adopt foreign forum selection bylaws. Kevin Orsini is highly recommended. The firm counts IBM Corporation and British American Tobacco among its clients.

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