Gary A. Bornstein is Co-Head of the Litigation Department. He handles a wide range of high‑stakes commercial disputes, with particular focus on antitrust, M&A and securities litigation. Mr. Bornstein also represents clients in investigations and frequently provides antitrust, fiduciary duty and other transaction-related advice.
Named a “Competition/Antitrust MVP” by Law360, Mr. Bornstein has extensive experience in complex antitrust litigation. He served as lead trial counsel for Epic Games, creator of the hugely popular game Fortnite, in two high‑profile antitrust actions against Google and Apple alleging anticompetitive behavior in the distribution of mobile apps and the handling of in‑app payments. After a multi-week trial in the case against Google, Mr. Bornstein obtained a unanimous jury verdict in favor of Epic on all counts. In connection with this victory, he was recognized as The Am Law Litigation Daily’s “Litigator of the Week.” Following a three‑week bench trial in the Apple case, Mr. Bornstein secured a nationwide permanent injunction against Apple’s anti‑steering policies. He continues to represent Epic in connection with both matters.
Mr. Bornstein also recently represented Qualcomm in an array of industry‑defining global disputes concerning Qualcomm’s patent licensing and modem chipset businesses—including actions brought by the FTC, Apple, a class of consumers and international regulatory authorities.
Mr. Bornstein secured a major Ninth Circuit victory for Qualcomm in the FTC litigation, which sought a permanent injunction against several of Qualcomm’s business practices. The widely covered, unanimous appellate decision confirmed the lawfulness of Qualcomm’s business model, and was featured as a “top appellate reversal” of the year by the Daily Journal. Mr. Bornstein was also a member of the team that secured a settlement for Qualcomm resolving all litigation between the company and Apple worldwide, including proceedings in Asia, Europe and the United States.
Mr. Bornstein has also handled some of the country’s most challenging and transformative M&A litigation, often involving novel and complex issues of law. Mr. Bornstein’s recent notable matters include winning a post‑trial victory, affirmed on appeal, for Reynolds American in the first judicial appraisal of a public company tried to decision outside of Delaware, and successfully representing affiliates of Bacardi Limited in resolving a multi‑jurisdictional dispute related to the value of D’Ussé, a cognac brand founded by rapper Shawn “Jay‑Z” Carter. He also secured a favorable settlement for members of the special transaction committee of Viacom’s Board of Directors in consolidated putative class action litigation in the Delaware Court of Chancery concerning Viacom’s $30 billion merger with CBS Corporation.
Updated Oct 2024
