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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

Katherine Forrest

Tel:
Work (212) 474-1151
Email:
Web:
www.cravath.com/kforrest
Cravath, Swaine & Moore LLP

Work Department

Litigation.

Position

Katherine B. Forrest, former U.S. District Judge for the Southern District of New York and former Deputy Assistant Attorney General in the Antitrust Division of the U.S. Department of Justice, has rejoined Cravath as a partner in the Firm’s Litigation Department.  During her tenure on the bench, Ms. Forrest presided over a diverse range of matters. She has significant experience in complex litigation (including in the areas of antitrust, pharmaceutical, financial services, toxic tort, intellectual property and significant employment matters), as well as criminal matters and investigations.  Over the course of her 28-year career, she has been regarded as a leader in legal issues relating to technology, including the digital environment, high‑speed trading and content distribution (from both the content provider and distributor sides).  She has recently given speeches on big data and artificial intelligence.


United States: Antitrust

Civil litigation/class actions: defense

Within: Civil litigation/class actions: defense

The advice provided by Cravath, Swaine & Moore LLP's antitrust team is 'practical and takes business realities into consideration'. David Marriott and Lauren Moskowitz are currently representing Alcon Laboratories in over 50 putative class actions alleging violations of Section 1 of the Sherman Act by the client's pricing policies for its contact lenses. Also notable are Evan Chesler, Peter Barbur, Rory Leraris and Kevin Orsini, who together secured a complete victory for American Express in the Second Circuit and US Supreme Court to end a longstanding dispute first brought by the DOJ then followed by several state attorneys alleging the client's card agreement 'non-discrimination' provisions violated the Sherman Act. Clients also recommend Lauren Roberta Kennedy and Karin DeMasi, who are 'both extremely responsive and give great legal counsel'. Katherine Forrest joined the team from her position with the government, and Vanessa Lavely was recently promoted to partner.

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Merger control

Within: Merger control

Christine Varney leads the merger control practice at Cravath, Swaine & Moore LLP, which recently welcomed former US district judge Katherine Forrest. The group was recently appointed by Akorn to oversee its pending sale to Fresenius Kabi, and Varney acted for Alere in its sale to Abbott Laboratories. Also notable are Margaret Segall D’Amico, who represented Jose Cuervo in the antitrust issues arising from its acquisition of the Pendleton Whiskey brand assets from Hood River Distillers, and Julie North, who handled Crown Castle's acquisition of Lightower from Berkshire Partners, Pamlico Partners and other investors. Recent-made partner Vanessa Lavely is also a key name.

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United States: Dispute resolution

Appellate

Within: Appellate

Cravath, Swaine & Moore LLP regularly handles the appellate stage in matters in which the group is already conducting trial court litigation. In the antitrust enforcement case of Ohio v American Express Co., the team successfully defended the respondent against claims brought before the US Supreme Court; Evan Chesler presented arguments and convinced the Court to reject antitrust challenges to American Express’ anti-steering provisions contained in its merchant contracts. In a highlight at the New York State Court of Appeals, the trio of Richard Clary, Michael Reynolds and Lauren Moskowitz secured a victory for Credit Suisse Securities USA by achieving the dismissal of claims brought pursuant to the Martin Act, a New York anti-fraud law. Antony Ryan and Gary Bornstein are also key figures. In September 2018, former judge Katherine Forrest re-joined the firm.

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General commercial disputes

Within: General commercial disputes

'Intellect and litigation strategy are key strengths’ at Cravath, Swaine & Moore LLP, which is noted for its 'solid, remarkably thorough work’. The firm had another busy year in 2018, continuing to handle high-profile and high-stakes cases. Highlights included representing Qualcomm in consolidated actions in the Southern District of California against Apple concerning Qualcomm's patent licensing and modem chipset businesses; the team included Evan Chesler, J Wesley Earnhardt and Vanessa Lavely, who was promoted to partner in 2018. Elsewhere, Benjamin Gruenstein represented Avon in a breach of contract dispute filed by ASG, Technologies, while in the New York State Court of Appeals, Richard Clary, Michael Reynolds and Lauren Moskowitz secured the dismissal of a Martin Act claim against client Credit Suisse filed by the New York Attorney General. In a significant development in September 2018, former District Judge for the Southern District of New York Katherine Forrest returned to the firm. Darin McAtee is 'a first-rate trial lawyer with outstanding performance in the courtroom’ and Omid Nasab is also recommended. Key litigator David Marriott is another name to note.

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United States: Intellectual property

Patents: litigation (full coverage)

Within: Patents: litigation (full coverage)

Cravath, Swaine & Moore LLP in New York has particular strengths in the pharmaceuticals and telecoms sectors. On the pharmaceuticals side, Keith Hummel and David Greenwald defended Amgen in pioneering BPCIA litigation brought by AbbVie in 2016, alleging infringement of ten AbbVie patents by Amgen's Amjevita, a biosimilar to blockbuster drug Humira. On the telecoms side, the group represents Qualcomm in a series of suits regarding modem chips, including several cases against Apple and a case against the Federal Trade Commission concerning an alleged breach of Section 5 of the Federal Trade Act. A major technology highlight was the successful representation of Alarm.com in a Federal Circuit case following IPRs against Vivint, which had filed for patent infringement of home security technology patents. Other notable instructions came from DRI Capital, Juno Therapeutics and OrbusNeich. Richard Stark, David Kappos, David Greenwald and chairman Evan Chesler are other names to note. Vanessa Lavely made partner, and former US district judge Katherine Forrest joined the team.

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United States: Media, technology and telecoms

Media and entertainment: litigation

Within: Media and entertainment: litigation

The New York-based litigation team at Cravath, Swaine & Moore LLP acts for media and entertainment sector clients such as HBO, Hearst Communications and Time Warner; it recently advised the latter on antitrust issues in connection with its $109 billion sale to AT&T in a matter led by a team including Peter Barbur. In another work highlight, the group is representing ABC and ESPN as intervenors in the high-profile NCAA grant-in-aid cap antitrust litigation, in which the broadcasters are opposing the release of confidential broadcast, media and sponsorship agreements. Karin DeMasi and Evan Chesler are acting for The Weinstein Company in a books and records demand suit brought by Harvey Weinstein; the team also represented the client in a breach of contract lawsuit at the New York Supreme Court brought by Speedee Distribution. The practice frequently handles employment and intellectual property litigation and benefits from the addition of Hon. Katherine Forrest from her role as a district judge for the Southern District of New York. J Wesley Earnhardt is another key name to note.

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