Cravath Swaine Moore

Global

Review

United States (National)

Dispute resolution

Cravath Swaine & Moore continues to set the standard for other major business law firms. Its elite status as one of the “white-shoe” firms is acknowledged by contemporaries on a coast-to-coast basis and always with tones of reverence. “The Cravath style” has been used as a descriptor for firms aspiring to the same level of pedigree. The firm also draws acclaim from several of its blue-ribbon roster of clients. “They provide excellent strategic advice and written work product. They also prepare for trial/hearing in a very thorough manner,” confirms one such client.
     For decades, Cravath managed to elicit this remarkable level of national prestige from its one office in Manhattan in New York. That changed last year. While Cravath’s reputation remains as unassailable as ever, it has finally expanded its operations to a DC office, a bold gambit that immediately caused a buzz in the nation’s capital and beyond. “Like everything Cravath does, this was not just some kind of desperate expansion for expansion’s sake,” declares one peer. “They saw an opportunity and exploited it quickly, netting themselves some great recruits in that office.” These strategic hires include Jennifer Leete, a former associate director in the SEC’s enforcement division who handles regulatory and investigations work, and Noah Phillips, an antitrust practitioner and former FTC commissioner. “They are still getting established here,” surmises one DC-based peer, “but between the talent they attract and the allure of the Cravath brand, I’ve no doubts they’ll do well in no time.”
     While the firm’s inroads into DC are not going unnoticed, the hub of Cravath’s major litigation activity remains its New York office, which has been a lodestar for generalist trial lawyers. While longtime icon Evan Chesler has officially retired, Dan Slifkin upholds Cravath’s trial pedigree at the senior level. Slifkin is representing certain directors designated by companies within the TotalEnergies group, a set of global multi-energy companies, to SunPower Corporation’s board of directors in a stockholder-derivative action filed in the Delaware Court of Chancery alleging defendants breached their fiduciary duties in connection with the sale of SunPower’s commercial and industrial business to a subsidiary of TotalEnergies. Helam Gebremariam, a younger star who juggles antitrust, securities and commercial work is acting with Slifkin on this matter. “I got to see Helam cross-examining witnesses and it was really a tour de force,” testifies a peer. Kevin Orsini continues to hold firm to his growing reputation as another all-purpose trial powerhouse. “Kevin can do it all – antitrust, ‘event-driven litigation’ – and he never stays in one place,” commends a peer.“He’s doing antitrust one day and wildfire cases the next!” David Marriott’s profile continues to elevate on the strength of his prodigious trial aplomb. Marriott, the recipient of Benchmark’s coveted “Trial Lawyer of the Year” award for 2024, demonstrates courtroom acuity across a number of areas; most recently, his antitrust actions have generated widespread acclaim. He led a team (which also included Timothy Cameron, Rachel Skaistis and Margaret Segall) that represented biopharma entity Amgen in successfully defending an FTC challenge to Amgen’s $27.8 billion acquisition of Horizon Therapeutics—securing a consent order in September 2023 that ended all litigation and cleared the path for the transaction to close. This win comes hot on the heels of similar triumphs in the previous year for Illumina, again against the FTC, and Louis Dreyfus/Imperial Sugar against the DoJ. The managing partner of the firm’s litigation group, Karen DeMasi, is championed by a peer as “the ultimate consummate professional.” DeMasi is yet another partner known for her diverse practice portfolio. DeMasi, along with future star Lauren Rosenberg, scored big for First Solar, winning back-to-back dismissals in January and June 2023 to defeat putative class action securities litigation filed against the company and certain of its senior executives in Arizona federal court.  Plaintiffs, two pension funds that purchased First Solar stock, alleged defendants made false and misleading statements regarding the company’s solar module and its project development business. 
     While Cravath’s dedication to breeding versatile trial lawyers is proven, the firm does also boast a roster of specialists, with the aforementioned antitrust being the most prominent. “Antitrust is kind of the beating heart of Cravath,” notes a peer. Cravath has led Epic Games – the creator of the wildly popular Fortnite game, to multiple victories in its high-profile antitrust actions against Google and Apple challenging core aspects of the companies’ app store policies. As lead trial counsel, a Cravath team led by Gary Bornsteinand also including Yonatan Even and Lauren Moskowitz, won a unanimous jury verdict against Google on all counts in December 2023.
    Omid Nasab led West Coast utility entity PG&E in its successful defense against a massive putative class action seeking $2.5 billion in damages for emergency power shutoffs conducted by PG&E in 2019—first securing dismissal of the action in the bankruptcy court, then affirmance in the district court and, ultimately, winning a decision from the California Supreme Court shielding PG&E from liability. “I want to shout out Omid,” testifies a DC-based peer. “He stepped in and played a big role in an insider trading case we had for [dating app] Bumble! He’s on the younger side but already getting some more first-chair roles.” A white-collar/enforcement team composed of Benjamin Gruenstein, John Buretta and Evan Norris represented British American Tobacco (BAT) in reaching a global settlement, announced in April 2023, with the DoJ and OFAC to resolve sanctions breaches arising from historical business activities in North Korea between 2007 and 2017 in violation of the bank fraud statute and the International Emergency Economic Powers Act. In a matter straddling the intersection of fraud and intellectual property, Gruenstein acts with IP specialist Keith Hummel in representing cardiovascular-focused medical device entity Abiomed as the plaintiff in a trade-secret and breach-of-contract action against a German medical device company, and its founder, alleging that the defendants entered into consulting agreements concerning Abiomed’s compressible heart pump. In September 2023, the Cravath duo defeated defendants’ motion to dismiss, which had sought dismissal on jurisdictional grounds.