Justin C. Clarke is a partner in Cravath’s Litigation Department. He focuses his practice on mergers and acquisitions, securities, antitrust and general commercial litigation.
Mr. Clarke represents Deutsche Telekom and its officers in connection with pending fiduciary duty litigation filed by T-Mobile USA stockholders challenging transactions related to Deutsche Telekom’s investment in T-Mobile USA. He also represents Epic Games in its litigation against Google, alleging that the company is engaged in anticompetitive behavior in the distribution of apps on smartphones and in the processing of in-app purchases. He additionally represents Starz Entertainment in a copyright infringement and breach of contract action against MGM Domestic Television alleging that MGM violated two exclusive licensing agreements with STARZ by licensing hundreds of movies and television episodes to STARZ’s competitors during the period when those titles were exclusive to STARZ.
Mr. Clarke represented Akorn, Inc. in litigation in the Delaware Court of Chancery regarding Fresenius’s termination of the parties’ $4.3 billion merger agreement. Following expedited proceedings, the case culminated in a one-week bench trial in July 2018 and subsequent expedited appeal. It is one of a handful of cases regarding termination rights arising from material adverse event (“MAE”) provisions in merger agreements to be tried to a decision, and the first such appeal decided by the Supreme Court of Delaware. He also recently represented Precision Castparts Corp. (“PCC”) and its board of directors in a purported shareholder class action lawsuit regarding PCC’s $37 billion acquisition by Berkshire Hathaway.
Mr. Clarke received an A.B. in Government and Spanish Language from Bowdoin College in 2004, and a J.D. from Columbia Law School in 2011, where he was a James Kent Scholar, a Harlan Fiske Stone Scholar and served as an editor of the Law Review. Following his graduation, Mr. Clarke served as a law clerk to Hon. Amalya L. Kearse of the U.S. Court of Appeals for the Second Circuit. Mr. Clarke joined Cravath in 2012 and was elected a partner in 2019.
Updated July 2022
