David Korn

David H. Korn focuses his practice on complex litigation, particularly in the areas of antitrust, securities and general commercial.

• Representing the Blue Cross Blue Shield Association (“BCBSA”) and more than a dozen member plans in consolidated multidistrict antitrust class action litigation—one of the largest class actions in the country—brought by putative classes of healthcare providers and health insurance subscribers alleging that the Association and its members have used the Association’s agreements to fix prices and limit competition.
• Representing American Express (“Amex”) in class action litigation brought in New York federal court by classes of debit card and non rewards credit card users in multiple states alleging that Amex’s non discrimination provisions inflated prices paid for goods and services sold by merchants across the country.
• Represented The Walt Disney Company and its subsidiary FSLA Holdings LLC as trial counsel in an action filed by Santos Laguna S.A. de C.V. in California state court, which alleged breach of contract and other claims arising out of Disney’s divestment of certain broadcasting assets in Mexico. Won the dismissal of multiple claims and secured summary adjudication and other pretrial rulings that reduced Santos’s claimed damages by 70%. The parties subsequently reached a settlement partway through a jury trial on the remaining claims.

• Competition/antitrust
• Dispute resolution
• Securities