Simpson Thacher & Bartlett boasts a long history as one of New York’s, and the country’s, most esteemed full-service legal brands. “Where the big corporate work is, litigation often follows,” explains one peer, “and since Simpson gets the top-class corporate work, they did a fantastic job in installing top-class litigators to handle it when that occurs. ”Simpson Thacher is also noted as being one of the classic “white-shoe” firms that is more comprehensive in terms of national coverage, with partners in its DC and Palo Alto offices playing increasing roles in litigation individually or in tandem with the New York team.
An area of particular note that the firm has doubled down on of late is its white-collar and investigations area, a relatively recent development that has taken root with astonishing momentum. One client marvels, “If you would have asked me five years ago about Simpson’s white-collar practice, I would have said, ‘They don’t have one.’ But that’s not the case now – they really caught up fast, and they did it the right way, bringing in the perfect mix of boardroom strategists and actual trial lawyers.” It is also noted that Simpson Thacher’s enforcement team extends beyond New York, with equal concentration in its DC office. Stephen Cutler, one of the firm’s aforementioned “boardroom strategists,” and the New York team also includes Michael Osnato and Nicholas Goldin, both of whom are peer favorites. The trio of Cutler, Osnato and Goldin represent JP Morgan in a Securities and Exchange Commission (SEC) investigation related to texting practices by personnel and obligations to maintain and preserve copies of all written communications. In DC, Cheryl Scarboro attends to a largely FCPA-related practice (developed during her stint as the SEC’s first chief of the Foreign Corrupt Practices Act unit), while Jeffrey Knox, former head of the Department of Justice fraud section, represents companies and individuals in investigations and criminal litigation. Knox successfully guided Deutsche Bank to a settlement with the Commodity Futures Trading Commission in 2020, shortly after which a proposed class action was brought by Rock Capital Markets alleging that the client was responsible for two former Tokyo-based traders' alleged 2013 illegal spoofing schemes on the Chicago Mercantile Exchange. The firm’s antitrust practice, largely based out of DC, has also seen a spike in prominence as of late. The bulk of this work falls into the buckets of cartel work, regulatory defense and criminal matters, and also includes a good deal of work in the class-action space, in which John Terzaken, the global co-chair of the practice, dedicates a good deal of his time. Sara Razi is known for attending to deals for private equity clients in strategic transactions, many of which are outside the US, as well as clients in industries ranging from energy to healthcare.
Simpson Thacher has historically been heralded for its securities practice, and this continues under the stewardship of New York’s Jonathan Youngwood, one of the youngest leaders in this practice. A client reinforces this position: “They are a top-flight securities litigation firm with capacity to handle the largest and most important matters.”In addition to representing ViacomCBS in a derivative and stockholder class action arising out of the merger between CBS and Viacom, Youngwood acts with several other partners on a variety of other cases. He acts with Palo Alto-based partner Stephen Blake for GO Acquisition in SPAC-related Investment Company Act litigation, and acts with New York partner Craig Waldman for Nielsen Holdings in ongoing securities class-action litigation. “Craig Waldman is a tough lawyer,” concedes a former opponent, “He gave us a run for our money. Forget having a dialogue with him, he’s going to make you say ‘Uncle!’”
Youngwood is also part of a team representing Chubb in connection with the settlement of Boy Scouts of America’s Chapter 11 proceedings and claims of coverage for sexual abuse claims. These cases are primarily handled by Bryce Friedman and Mary Beth Forshaw, two members of the firm’s celebrated insurance team. “Simpson Thacher is certainly at the top for insurance, always has been,” confirms a peer. “They know the top carriers in the country, and they service them very well.” Friedman and Andrew Frankel represent Travelers in opioid epidemic-related insurance coverage lawsuits against Purdue Pharma in New York (the manufacturer of Oxycontin), AmerisourceBergen in California, Delaware and West Virginia (one of the largest pharmaceutical distributors), CVS and Rite Aid in Delaware and Rhode Island (two of the largest chain pharmacies), and Giant Eagle and Meijer in Ohio and Pennsylvania (large supermarket chains), which are seeking indemnification from Travelers and other insurers for opioid-related liabilities. Lynn Neuner maintains a practice that balances securities, insurance and a false advertising niche. Neuner is defending two providers of home warranty and other homeowner services in a suit brought by an on-demand home repair start-up company in Delaware state court. The plaintiff’s March 2020 complaint asserted breach of contract, breach of the implied covenant of good faith and fair dealing based on the parties’ unsuccessful efforts to have the two clients acquire the plaintiff in 2018. Neuner is a peer and client favorite, unanimously championed by contemporaries. A client praises her as “straightforward and transparent, extremely intelligent and knowledgeable.” Consistently recognized as one of Benchmark’s Top 250 Women in Litigation and one of the Top 100 Trial Lawyers, Neuner was also made Simpson’s co-chair of litigation in December 2021, the first woman to claim this role.
