Antitrust
Cravath, Swaine & Moore LLP ‘has the ability to dive into complex legal issues,’ handling both derivative and class action suits brought against clients arising out of, inter alia, aborted mergers, allegations of misconduct and breaches of fiduciary duties by directors and officers during the conduct of corporate transactions. Gary Bornstein frequently represents corporations and associated special committees in the wake of hostile takeovers, and is currently representing Deutsche Telekom and certain officers in a suit brought by T-Mobile shareholders alleging breach of fiduciary duties in relation to its 2020 acquisition of Sprint. Bornstein co-heads the firm’s litigation department with Kevin Orsini, an experienced litigator before the Delaware Court of Chancery, where he defended Disney against a stockholder suit seeking an inspection of its records following its information-sharing agreement with ValueAct Capital. Justin Clarke is also representing Deutsche Telekom in its dispute with T-Mobile stockholders, and is noted for his expertise in securities trials. Robert Baron is another highly experienced name in the team. All lawyers mentioned are in New York.
Legal 500 Editorial commentary
Mentions
Profile
Work Department
Litigation.
Position
Kevin J. Orsini is Co-Head of Cravath's Litigation Department. He regularly plays a central role in major corporate battles that redefine the law. With substantial first‑chair trial experience, he is a fellow of the American College of Trial Lawyers and has been named Benchmark Litigation’s “Trial Lawyer of the Year” and “General Commercial Litigator of the Year.”
Mr. Orsini has been recognized as an “established, all‑purpose trial powerhouse” who “attends to a remarkably diverse practice that touches on commercial, antitrust and the one‑of‑a‑kind phenomenon of ‘event‑driven’ litigation, often of the most complex, contentious and highest‑stakes variety.” (Benchmark Litigation) His broad litigation experience includes antitrust, mass torts, mergers and acquisitions, securities and other commercial disputes.
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Testimonials
Collated independently by Legal 500 research team.
- 'Such an excellent and dedicated team that has the ability to dive into complex legal issues in an impressive way.'
Key clients
- BDT Capital Partners, LLC Biogen Inc. Blackstone Inc. Bombardier Inc. Convey Health Solutions Holdings, Inc. Deutsche Telekom AG Endeavor Group Holdings, Inc. Forward Air Corporation Goosehead Insurance, Inc. Hertz Global Holdings, Inc. Illumina, Inc. Paramount Global Radius Global Infrastructure, Inc. Robinhood Markets, Inc. SPI Group SunPower Corporation The Walt Disney Company Yale New Haven Health
Work highlights
Represented Forward Air in connection with an action filed by Omni Logistics which sought to compel Forward Air to close its proposed acquisition of Omni.
Represented Deutsche Telekom and certain officers, in putative class action and derivative litigation alleging defendants breached their fiduciary duties in connection with T-Mobile’s $26bn merger with Sprint.
Represented Illumina in purported class action securities and derivative litigation alleging breach of fiduciary duty in connection with Illumina’s $8bn acquisition of GRAIL Inc.