The Legal 500

Twitter Logo Youtube Circle Icon LinkedIn Icon

Kirkland & Ellis LLP

601 LEXINGTON AVENUE, NEW YORK, NY 10022, USA
Tel:
Work +1 212 446 4800
Fax:
Fax +1 212 446 4900
Web:
www.kirkland.com

Jay Lefkowitz

Tel:
Work +1 212-446-4970
Email:
Kirkland & Ellis LLP

Work Department

Litigation

Position

A senior litigation partner and adjunct professor at Columbia Law School, Jay Lefkowitz focuses on high-profile matters affecting the world’s leading companies in industries including pharmaceuticals, private equity, technology and telecommunications. Jay represents clients on pivotal issues in trials and appeals involving securities and shareholders, antitrust, government investigations, and constitutional questions. One of his two recent landmark Supreme Court victories in the pharmaceutical space, Bartlett v. Mutual, was described as “the most closely watched product liability case of 2013.” Jay is also a leading advocate for religious freedom and education reform, representing parents, children and schools pro bono.

Education

Columbia College, A.B., 1984; Columbia Law School, J.D., 1987.


United States: Dispute resolution

Appellate: Supreme Court (federal and state)

Within: Appellate: Supreme Court (federal and state)

The combination of Kirkland & Ellis LLP and specialist appellate firm Bancroft PLLC has helped form ‘a top-notch team of highly skilled and creative attorneys’. This includes the renowned Paul Clement, from the legacy Bancroft firm, who achieved unanimous victories in Encino Motorcars v Navarro and Hughes v Talen Energy Marketing, supported by Jeffrey Harris and Erin Murphy respectively. Christopher Landau led a team that persuaded the US Supreme Court to reverse a California state court judgment and compel arbitration proceedings against DirectTV under the Federal Arbitration Act, effectively prohibiting state courts from infringing federal arbitration rights. The group had notable successes for clients in the energy and technology sectors. Chicago’s Andrew McGaan convinced the Third Circuit to affirm a bankruptcy court order approving a $4.4bn settlement in the Chapter 11 bankruptcy proceedings of Energy Future Holdings. Daniel Laytin, also based in Chicago, secured a favorable judgment for Trina Solar at the Sixth Circuit, resulting in the dismissal of a complaint regarding alleged predatory pricing. John O’Quinn convinced the Federal Circuit to vacate a $16.2m damages award against Cisco arising from patent infringement proceedings. In the Delaware Supreme Court, Chicago-based of counsel Robert Kopecky secured an affirmation of the dismissal of a shareholder derivative action for General Motors, preventing a potential flood of liability claims following a large-scale safety recall. Daniel Donovan and New York-based Jay Lefkowitz are also noted.

[back to top]

M&A: litigation: defense

Within: M&A: litigation: defense

Kirkland & Ellis LLP has ‘an excellent litigation practice with extremely knowledgeable lawyers giving excellent advice’. Yosef Riemer has ‘an outstanding practice and is at the top of the game for private equity litigation, having led some pivotal cases’. He achieved a major victory for Bain Capital and Golden Gate Capital’s portfolio company BMC Software in a case relating to its $6.9bn take-private transaction by securing a favorable opinion in the largest Delaware statutory appraisal action ever to reach a post-trial decision. Riemer and Matthew Solum defended former directors of Clearwire Corporation in a breach of fiduciary duty lawsuit challenging its $14bn acquisition by Sprint. Solum and Jay Lefkowitz acted for Epiq Systems in litigation and a proxy contest. Los Angeles-based Mark Holscher, who had a key role in defending Pershing Square Capital Management in cases arising from its hostile takeover bid for Allergan, is also recommended. All named attorneys are based in New York except where otherwise stated.

[back to top]

Product liability, mass tort and class action: consumer products (including tobacco)

Within: Product liability, mass tort and class action: consumer products (including tobacco)

Kirkland & Ellis LLP’s litigation practice handles class action defense for a wide range of clients. Richard Godfrey and Andrew Langan, both of whom are based in Chicago, have been representing L3 Technologies in a class action alleging defective military and consumer rifle accessories. In Washington DC, Eugene Assaf and Daniel Bress successfully obtained complete dismissals with prejudice for United Technologies in three putative federal class actions concerning allegations of defects in the company’s Carrier home air conditioning systems. The team includes Andrew McGaan in Chicago and Jay Lefkowitz in New York.

[back to top]

Product liability, mass tort and class action: pharmaceuticals and medical devices - defense

Within: Product liability, mass tort and class action: pharmaceuticals and medical devices - defense

Kirkland & Ellis LLP’s practice excels in defending clients against product liability claims. The group has been serving as national counsel to Abbott Laboratories and AbbVie in a number of claims alleging failure to warn regarding the company’s arthritis drug Humira; the firm won dismissal of two cases with no payment for AbbVie. In New York and Washington DC respectively, Jay Lefkowitz and Michael Shumsky represented Teva Pharmaceuticals in Welch v Merck & Co, Inc et al before the Third Circuit, which affirmed the dismissal of all product liability claims arising from the plaintiff’s use of the generic drug alendronate sodium. Clients also recommend Mike Brock, who is based in Washington DC.

[back to top]

Product liability, mass tort and class action: toxic tort - defense

Within: Product liability, mass tort and class action: toxic tort - defense

At Kirkland & Ellis LLP, the product liability and mass tort practice’s deep bench of trial experts often handles high-profile litigation. Douglas Kurtenbach and Jeffrey Clark, in Chicago and Washington DC respectively, have been defending Axiall in various toxic tort lawsuits claiming personal injuries resulting from exposure to a fire at a vinyl chloride plant in Louisiana, including a number of cases at the Fifth Circuit and the US Supreme Court. In Chicago, Kevin Van Wart and Brenton Rogers have been defending YRC Worldwide and Roadway Express in lawsuits alleging that the vinyl chloride contamination of drinking water in Sauk Village, Illinois was caused by the companies’ operations. Key names include Jay Lefkowitz in New York and Eugene Assaf in Washington DC. Clients recommend Andrew McGaan, Richard Godfrey and Mark Filip in Chicago.

[back to top]


Back to index

Legal Developments worldwide

Legal Developments and updates from the leading lawyers in each jurisdiction. To contribute, send an email request to
  • Awards of excessive compensation under Turkish Intellectual and Industrial Property Law

    Introduction
  • EU: High-Level Expert Group on Sustainable Finance delivers early recommendations

    On 13 July 2017, the High-Level Expert Group (" HLEG ") on Sustainable Finance published its interim report (" Interim Report ") setting out concrete steps to create a financial system that supports sustainable investments. This Legal Insight is part of our dedicated newsletter series on the European Capital Markets Union (" CMU "). Background The growing awareness of environmental challenges and sustainability risks as well as the adoption of the UN 2030 Agenda and the conclusion of the Paris Climate Agreement by the EU in 2015 call for an EU strategy on sustainable finance. Establishing an EU strategy on sustainable finance is a priority action of the CMU. In December 2016, the HLEG was established to advise on the development of such an EU strategy . The recently published HLEG Interim Report was recently presented in a public hearing on sustainable finance on 18 July 2017. At the same time, the HLEG presented an online questionnaire on the Interim Report aimed at obtaining targeted feedback until 20 September 2017, which would be reflected in the final report of the HLEG scheduled for publication by the end of 2017.
  • Serbian Competition Authority Steps Up Antritrust Enforcement

    The Serbian Commission for Protection of Competition (the " Commissio n") recently intensified its antitrust activities before the new Administrative Act came into effect. In one week alone the Commission initiated four antitrust cases and conducted two dawn raids. 1. What/who will be on the Commission's radar?
  • First Annual Privacy Shield Review to take place in September 2017

    One of the core principles of the EU-US Privacy Shield (" Privacy Shield ") is its Joint Review mechanism, which obliges the European Commission, the US Department of Commerce and the Federal Trade Commission to jointly review the functioning of the Privacy Shield on an annual basis, together with its national security and law enforcement aspects. The very first Joint Review is scheduled for September 2017. This first review is considered especially important, as it will be the first opportunity for US and EU regulators to closely analyse the operation of the Privacy Shield, address possible concerns about its functioning, and seek to ensure that the Privacy Shield continues to be a valid legal basis for transfers of personal data from the EU to the US.
  • The role of the supervisory board in investor relations

    1.Abstract
    - Dorda
  • An Introduction to Personal Guarantee

    The economic boom in UAE has resulted in huge developments and a considerable increase in trade. This in turn has led to a rise in transactions which require a fast debt recovery mechanism. According to common practice in the UAE, the most secure and quickest method is the post-dated -  and in some cases undated – cheque. This is often requested by creditors (financial institutions) and sellers, mostly in real estate transactions and trade. The rationale is mostly economic to individuals who are issuing the cheque, and how does personal guarantee play a role? In this Article, we attempt to analyze and overview UAE laws on Personal guarantee.
  • [Legal Update] Proposed Amendment to Reduce Capital Gains Exemptions...

    The Ministry of Strategy and Finance announced its proposed tax law amendments for 2018 on August 2, 2017. This tax alert highlights the proposed change to the capital gains exemption currently available to foreign investors engaged in on-the-market transactions.
  • Constitutional Court's Recent Judgments on Rent in Austria

    The Constitutional Court has recently provided two judgments on 28 June 2017 on the rent control legislation in Austria ruling that the current system for flats complies with Austrian Constitutional Law and the European Convention on Human Rights. The Constitutional Court visibly failed to take the opportunity to initiate a change to the current legislation. Further appeals to the Constitutional Court are likely and worthwhile with the Austrian parties currently involved in their campaigns for the general election in October 2017.
    - Dorda
  • The importance of the effective date in tax laws

    8 Aug 2017 at 04:00 / NEWSPAPER SECTION: BUSINESS
  • NON-DELIVERY PLEDGES OVER MOVABLES

    Law on Pledges over Movable Property in Commercial Transactions No. 6750 is published in the Official Gazette No. 29871 and dated October 28, 2016 and entered into force as of January 1, 2017. Law on Pledges over Movable Property in Commercial Transactions No. 6750 abolished the Commercial Enterprise Pledges Law No. 1447 and dated July 21, 1971 and introduced many new innovations to movable pledges. However, Commercial Enterprise Pledges Law No. 1447 will remain applicable for commercial enterprise pledges that are already established before 1 January 2017.