Mr Gary Bornstein > Cravath, Swaine & Moore LLP > New York, United States > Lawyer Profile

Cravath, Swaine & Moore LLP is a recognized financial services litigation firm with deep experience across antitrust, securities and consumer class actions. The firm represents major banks including JPMorgan, American Express and Citigroup on matters involving antitrust enforcement actions, putative class actions and residential mortgage-backed securities. With increasing activity in the fintech sector, the firm has demonstrated capacity in this area, continuing to represent Dfinity in class action securities litigation concerning the system’s governance tokens and whether these qualify as securities subject to government regulation. The litigation practice is co-led by Gary Bornstein and Kevin Orsini. Daniel Slifkin is also a key name to note for his experience in antitrust and securities claims. Meanwhile, Michael Paskin and Lauren Moskowitz are recognized for their focus on representing large financial institutions in financial product matters including RMBS. Moskowitz is also noted for her activity in bankruptcy proceedings. All lawyers named are based in New York.

Cravath, Swaine & Moore LLP in New York is known for ‘subject matter expertise, professionalism and extraordinary service’, and clients describe the practice as ‘professional, expert, and highly respectful of process, people and the law’. Co-heads of the litigation department Gary Bornstein and Kevin Orsini are key members of the securities litigation practice, which is highly regarded for the work of its standout partners Daniel Slifkin, Antony Ryan and Karin DeMasi. ‘Their knowledge of the law and securities litigation specifically is unmatched’, remarks one client. The firm’s presence in new and emerging areas of the market is shown by the work of Orsini and Ryan in the defense of Robinhood Markets in high-profile “meme stock” litigation, in which it has won the dismissal of two of three tranches of claims brought against the company. Ryan and Rachel Skaistis are representing Qualcomm in a shareholder class action securities suit in California, and Bornstein is working with Ryan in the defense of Deutsche Telekom in putative class action and derivative litigation. Emerging partner talents Lauren Rosenberg, who worked with Ryan and Orsini in the class action defense of Dfinity USA Research, and Lauren Moskowitz are key members of the practice.

Cravath, Swaine & Moore LLP in New York is known for its ‘subject matter expertise, professionalism‘ and its lawyers are described as ‘highly competent, professional, effective and respectful‘. The firm’s work spans individual, class and derivative actions arising from planned or hostile transactions, and its litigators are frequently hired in instances where the firm’s M&A team did not handle the initial deal. Gary Bornstein and Kevin Orsini are the lead partners. Bornstein acted for Atlas Air Worldwide Holdings, Inc. in multiple stockholder actions concerning its pending $5.2bn acquisition by an investor group led by Apollo. Robert Baron and Justin Clarke handled a challenge to the pending $1.9bn acquisition of investment bank Cowen Inc. by TD Bank Group. Up-and-coming partner Rory Leraris continues to build on her impressive track record.

Cravath, Swaine & Moore LLP routinely appears before state and federal appellate courts across the country, where it represents both appellants and appellees in complex IP, securities, antitrust and class action-related cases, among others. The group is often involved in appeals for which it handled the preceding trial litigation, but it also picks up a significant volume of new mandates at appellate level. Litigation co-head Gary Bornstein is noted for his focus on antitrust, M&A and securities work; he co-steers the practice alongside Kevin Orsini–both are based in New York.

Cravath, Swaine & Moore LLP has a full service global antitrust offering, with extensive experience acting as defense counsel in bet-the-company and multijurisdictional litigation concerning consumer class action and single plaintiff suits, as well as government enforcement actions. ‘World-class strategist’ Christine Varney chairs the antitrust practice. Gary Bornstein focuses on commercial disputes primarily antitrust, M&A and securities litigation with recent work involving allegations of anticompetitive behavior in the distribution of mobile apps and the modem chipsets business. Kevin Orsini has significant trial and lead counsel experience in class actions. Evan Chesler is recognized for his appearance in numerous cases in the federal and state courts across the country, representing clients in government and internal investigations related to the technology, pharmaceuticals, manufacturing and financial services sectors. Peter Barbur handles large and significant cases, including the successful dismissal for American Express of a civil lawsuit alleging provisions in its merchant agreements violated antitrust laws. All the above-mentioned counsel are based in New York. Former FTC Commissioner, Noah Joshua Phillips, joined the firm’s Washington DC office in October 2022. Katherine Forrest departed from the firm in January 2023.

Led by Gary Bornstein and Kevin Orsini, the litigation team at Cravath, Swaine & Moore LLP represents both defendants and plaintiffs in a wide range of commercial disputes in the technology, financial services, media, pharmaceuticals and retail sectors. The team’s broad experience covers breach of contract, fraud, breach of fiduciary duty, tortious interference and unfair competition. The team also works closely with the firm’s corporate arm, helping clients structure business arrangements and practices in order to avoid future litigation. Evan Chesler brings extensive trial experience across numerous industries, notably representing Elon Musk in his $13 billion stockholder derivative action. David Marriott and Lauren Moskowitz are both noted for their versatility and trial experience, regularly representing some of the firm’s most high profile clients. All individuals mentioned are located in New York.

The New York-based team at Cravath, Swaine & Moore LLP handles antitrust, IP and securities disputes for a variety of clients including major broadcasting and digital gaming companies. In addition, investigatory expertise at the firm allows them to advise media companies facing investigation or to conduct internal investigations on behalf of media companies when issues such as sexual harassment or sexual misconduct are alleged. The practice is jointly led by experienced lawyers Gary Bornstein  and Kevin Orsini , the former is known for his cross-examination expertise while the latter is currently representing Light & Wonder, Inc. in several individual and putative class action lawsuits concerning automatic card shufflers. Further recommended is Wes Earnhardt, who advocated on behalf of Starz Entertainment in a case against MGM Domestic Television Distribution in which his arguments pertaining to the scope of copyright protection won praise from peers in the legal industry. Antitrust litigator Katherine Forrest departed the firm in January 2023.