David H. Korn is a partner in Cravath’s Litigation Department. He focuses his practice on complex litigation, particularly in the areas of antitrust, securities and general commercial.
Mr. Korn recently represented The Williams Companies in M&A litigation before the Delaware Court of Chancery related to a planned $37.7 billion merger with Energy Transfer Equity. Following a six day trial in May 2021, the court awarded Williams a $410 million contractual termination fee, plus interest and attorneys’ fees, in connection with the now terminated combination. He continues to represent the company on appeal.
Mr. Korn represents the Blue Cross Blue Shield Association and various member plans in consolidated multidistrict antitrust class action litigation—one of the largest class actions in the country—alleging that the Association and its members have used the Association’s agreements to fix prices and limit competition. He also represents PG&E in connection with mass tort litigation related to the California wildfires between 2019 and 2021.
Mr. Korn previously represented GTT Communications and certain of its officers and directors in a securities class action concerning GTT’s $2.3 billion acquisition of Interoute Communications Holdings S.A. He also represented First Solar in a securities class action in Arizona federal court and related derivative actions alleging that First Solar and several of its officers and executives misrepresented the company’s financial state, concealed material facts regarding defective solar modules and committed accounting violations, all to inflate First Solar’s stock price.
Mr. Korn also represented American Express (AmEx) in an antitrust lawsuit originally brought by the Department of Justice (DOJ) and 17 state attorneys general challenging certain provisions in AmEx’s merchant agreements—one of the most significant government antitrust enforcement actions in history. Mr. Korn was a member of the team that secured a complete defense victory for AmEx before the U.S. Supreme Court in June 2018.
Mr. Korn received an A.B. with honors from Princeton University in 2008. He received a J.D. magna cum laude from Harvard Law School in 2013, where he was an editor of the Law Review. After graduation, he served as a law clerk to Hon. Stanley Marcus of the U.S. Court of Appeals for the Eleventh Circuit. Mr. Korn joined Cravath in 2014 and was elected a partner in 2020.
Updated July 2023
