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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

Jay serves as lead trial and appellate counsel in shareholder disputes, antitrust, product liability, litigation against the FDA and False Claims Act matters. His clients include companies in the pharmaceutical, private equity, technology and telecommunications industries. He has also conducted numerous internal investigations for public companies and audit committees.

In addition to winning two precedent-setting Supreme Court decisions, Jay is also a leading advocate for religious freedom and education reform, representing families and schools pro bono. He served in two White Houses and as U.S. Special Envoy for Human Rights in North Korea.

Member

Jay is a member of Kirkland’s Global Management Executive Committee and teaches at Columbia Law School.

Education

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


United States: Dispute resolution

Appellate

Within: Appellate

The ‚Äėfantastic‚Äô and ‚Äėincredibly persuasive‚Äô appellate lawyers at Kirkland & Ellis LLP¬†‚Äėdo a fantastic job in handling even the most esoteric and complex legal issues in an understandable manner‚Äô. Split 5-4 in the case of Jesner v Arab Bank Plc, the US Supreme Court decided in favor of the group‚Äôs client Arab Bank Plc, thereby finding that liability for alleged overseas wrongdoings under the Alien Tort Statute does not extend to foreign corporations sued before US courts. With an impressive track record of over 90 cases argued before the US Supreme Court, the ‚Äėincredible‚Äô Paul Clement¬†represented petitioner WesternGeco in a case reviewing the focus of the 'general damages' provision under the Patent Act, and convinced the court to reverse the Federal Circuit‚Äôs prior decision favoring the position of ION Geophysical. Partnering up with George Hicks¬†at the US Supreme Court, Clement secured a victory for petitioner Encino Motorcars in proceedings concerning service advisers at car dealerships and their respective rights under the Fair Labor Standards Act. After achieving successful outcomes for the Chicago Cubs and owner Tom Ricketts during the trial stage and in the Seventh Circuit, Clement and Erin Murphy¬†(who ‚Äėdemonstrates unbelievable effectiveness in presenting oral arguments‚Äô) jointly led the team in defeating a petition, filed by the owners of rooftop businesses adjacent to Wrigley Field, requesting US Supreme Court review. At the Ninth Circuit, the team is representing TransUnion LLC in appealing a $60m jury verdict concerning alleged violations of the Fair Credit Reporting Act. At the Fourth Circuit, New York-based Jay Lefkowitz¬†and Washington DC-based Jonathan Janow¬†successfully argued for the Association for Accessible Medicines, which challenged Maryland generic drug pricing statute HB 631. In March 2018, Christopher Landau departed to Quinn Emanuel Urquhart & Sullivan, LLP. In February 2018, Susan Engel¬†left to join¬†Latham & Watkins LLP. Viet Dinh took an executive position in house.

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Financial services litigation

Within: Financial services litigation

Noted for its 'impressive general commercial litigation prowess',  Kirkland & Ellis LLP puts this to good effect across a range of private litigation and agency enforcement actions/investigations for a growing and varied roster of financial services clients, including banks, funds and accountants. Led out of New York by Jay Lefkowitz, Matthew Solum and Joshua Greenblatt, the firm is representing GPLS as one of the defendants in multiple state attorneys general and putative class actions accusing it of engaging in the illegal practice of partnering up with lenders authorized by Native American tribes to avoid usury laws and issue illegal loans to consumers under the concept of tribal immunity. Leveraging the firm's impressive roster of leading private equity firms, another core strength of the team is acting for some of these as global anti-corruption counsel (working alongside practitioners in London and Hong Kong), which includes risk management procedures regarding the sponsor and its portfolio companies as well as representation on any enforcement action/investigation should that arise. Splitting his time between the firm's Chicago and Washington DC offices, Mark Filip heads the firm's government enforcement defense and internal investigations group and is a pivotal member of the multi-disciplinary financial services litigation team that also includes Washington DC-based partners Erica Williams and Neil Eggleston, and New York-based securities enforcement and AML/sanctions expert Zachary Brez.

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M&A litigation: defense

Within: M&A litigation: defense

Kirkland & Ellis LLP represents purchasers and sellers, and their boards of directors and financial advisers, in cases arising from challenged mergers, tender offers and leveraged buyout transactions. It has extensive experience in state and federal courts throughout the US, as well as in Delaware Chancery Court. The firm's key partners - Sandra Goldstein, Yosef Riemer and Matthew Solum - are based in New York and are widely regarded as leading players in the market. Goldstein and up-and-coming partner Stefan Atkinson handled  derivative litigation in federal court in Delaware on behalf of Qualcomm Inc. Solum and Jay Lefkowitz are acting for buyers of Kindred Healthcare in a breach of fiduciary case. In Chicago, the key partners are Joshua Rabinovitz and Devon Largio, who are representing AbbVie in a case brought by five large hedge funds alleging fraud connected to the failed $55bn merger between AbbVie and Shire plc. In Los Angeles, Mark Holscher , who handled Computer Sciences Corporation v Eric Pulier, et al. in Delaware for Eric Pulier, is the standout partner.

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

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

The toxic tort litigation department at Kirkland & Ellis LLP has vast experience handling toxic tort claims arising from chemicals exposure, water contamination and air pollution, among others incidents. In recent highlights, Chicago-based Kevin Van Wart and Bradley Weidenhammer successfully defended DuPont, General Electric and other government contractors in several lawsuits, in which plaintiffs alleged radioactive emissions from Washington State’s Hanford Nuclear Reservation caused cancers and other diseases. In addition, Eugene Assaf and Michael Williams in Washington continue to act as national counsel and lead trial counsel for BASF Catalysts in several asbestos-related product liability lawsuits. Other standout highlights include representing BP America in the ongoing Gulf of Mexico oil spill litigation, where it recently reached a settlement in a Louisiana case, and acting for Dow Chemical in a drinking water contamination action brought by the Suffolk County Water Authority. Jay Lefkowitz in New York and Kimberly Branscome in Los Angeles are other names to note.

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United States: Industry focus

Healthcare: life sciences

Within: Healthcare: life sciences

Kirkland & Ellis LLP's biotechnology, pharmaceutical and life sciences practice is co-led by Chicago-based¬†James Hurst, who¬†acted for AbbVie in a product liability case concerning the client‚Äôs alleged fraudulent misrepresentation of the risks of its blockbuster testosterone replacement drug AndroGel. Co-head Jay Lefkowitz¬†in the New York office assisted Akorn in litigation brought by Fera alleging a number of breaches of the parties‚Äô contract between the client and the plaintiff. Co-heads Patricia Carson¬†and Leora Ben-Ami, who are based in New York and specialize in IP disputes, defended Merus in patent infringement litigation filed by Regeneron and concerning genetically engineered animals used in the production of human biopharmaceutical therapeutics. Chicago-based litigator Diana Watral¬†is ‚Äėbrilliant, creative and tenacious‚Äô.

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