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and\u0026nbsp;asset-based lending.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eWhile her industry experience is broad, she has an extensive track record in financing matters for\u0026nbsp;healthcare, pharma, energy, telecom and media sectors.\u0026nbsp;Notably, Carolyn co-leads King \u0026amp; Spalding's Finance \u0026amp; Restructuring practice and serves on the firm's\u0026nbsp;managing Policy Committee. Carolyn has been recognized by her clients as \u0026ldquo;an extremely impressive attorney\u0026rdquo; and \u0026ldquo;stand out for her professionalism, expertise and dedication.\u0026rdquo; Additionally, Chambers USA has noted Carolyn as Band 1 for her Finance practice.\u003c/p\u003e\n\u003cp\u003eCarolyn also has experience structuring programmatic lending platforms and is frequently called upon by clients to advise on structuring innovative financial products and to represent their interests in workouts and out of court restructurings.\u003c/p\u003e\n\u003cp\u003eCarolyn is a fellow and past-President\u0026nbsp;of the American College of Investment Counsel, where she served on the Board of Trustees for eight years, and the American College of Commercial Finance Lawyers, where she has\u0026nbsp;served\u0026nbsp;on the Nominating Committee. As a passionate proponent for diversity, Carolyn is proud to serve on the Board of the Atlanta Women's Foundation. 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Carolyn has been recognized by her clients as \u0026ldquo;an extremely impressive attorney\u0026rdquo; and \u0026ldquo;stand out for her professionalism, expertise and dedication.\u0026rdquo; Additionally, Chambers USA has noted Carolyn as Band 1 for her Finance practice.\u003c/p\u003e\n\u003cp\u003eCarolyn also has experience structuring programmatic lending platforms and is frequently called upon by clients to advise on structuring innovative financial products and to represent their interests in workouts and out of court restructurings.\u003c/p\u003e\n\u003cp\u003eCarolyn is a fellow and past-President\u0026nbsp;of the American College of Investment Counsel, where she served on the Board of Trustees for eight years, and the American College of Commercial Finance Lawyers, where she has\u0026nbsp;served\u0026nbsp;on the Nominating Committee. As a passionate proponent for diversity, Carolyn is proud to serve on the Board of the Atlanta Women's Foundation. Carolyn also has the honor of serving as a board member of the Children's Hospital of Atlanta Foundation.\u003c/p\u003e","recognitions":[{"title":"Practice Ranked in Commercial Lending, Advice to Bank Lenders (Nationwide)","detail":"LEGAL500, 2025"},{"title":"Practice Ranked in Commercial Lending, Advice to direct lenders / private credit (Nationwide) ","detail":"LEGAL500, 2025"},{"title":"Practice Ranked in Banking \u0026 Finance (New York)","detail":"CHAMBERS USA, 2025"},{"title":"Practice Ranked in Banking \u0026 Finance (Nationwide)","detail":"CHAMBERS USA,2025"},{"title":"Practice Ranked in Band 1 Banking \u0026 Finance (Georgia)","detail":"CHAMBERS USA, 2025"},{"title":"Individually Ranked in Band 1 Banking \u0026 Finance (Georgia)","detail":"CHAMBERS USA, 2025"},{"title":"Practice Ranked: Capital Markets Securitization, ABS - Band 2 (Nationwide)","detail":"CHAMBERS USA, 2022"},{"title":"Practice Ranked: Capital Markets Securitization, Whole Business - Band 1 (Nationwide)","detail":"CHAMBERS USA, 2022"},{"title":"Individually Ranked in Band 1 for Banking \u0026 Finance (Georgia)","detail":"Chambers USA, 2022"},{"title":"Practice Ranked: Banking \u0026 Finance - Band 1 (Georgia) and Band 5 (Nationwide) ","detail":"Chambers USA, 2022"},{"title":"Highly Regarded Practitioner in Banking ","detail":"IFLR 1000 US, 2021"},{"title":"Practice Ranked: Commercial Lending - Advice to Borrowers and Lenders","detail":"LEGAL 500 US, 2022"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":10086}]},"capability_group_id":1},"created_at":"2026-02-04T14:34:26.000Z","updated_at":"2026-02-04T14:34:26.000Z","searchable_text":"Alford{{ FIELD }}{:title=\u0026gt;\"Practice Ranked in Commercial Lending, Advice to Bank Lenders (Nationwide)\", :detail=\u0026gt;\"LEGAL500, 2025\"}{{ FIELD }}{:title=\u0026gt;\"Practice Ranked in Commercial Lending, Advice to direct lenders / private credit (Nationwide) \", :detail=\u0026gt;\"LEGAL500, 2025\"}{{ FIELD }}{:title=\u0026gt;\"Practice Ranked in Banking \u0026amp; Finance (New York)\", :detail=\u0026gt;\"CHAMBERS USA, 2025\"}{{ FIELD }}{:title=\u0026gt;\"Practice Ranked in Banking \u0026amp; Finance (Nationwide)\", :detail=\u0026gt;\"CHAMBERS USA,2025\"}{{ FIELD }}{:title=\u0026gt;\"Practice Ranked in Band 1 Banking \u0026amp; Finance (Georgia)\", :detail=\u0026gt;\"CHAMBERS USA, 2025\"}{{ FIELD }}{:title=\u0026gt;\"Individually Ranked in Band 1 Banking \u0026amp; Finance (Georgia)\", :detail=\u0026gt;\"CHAMBERS USA, 2025\"}{{ FIELD }}{:title=\u0026gt;\"Practice Ranked: Capital Markets Securitization, ABS - Band 2 (Nationwide)\", :detail=\u0026gt;\"CHAMBERS USA, 2022\"}{{ FIELD }}{:title=\u0026gt;\"Practice Ranked: Capital Markets Securitization, Whole Business - Band 1 (Nationwide)\", :detail=\u0026gt;\"CHAMBERS USA, 2022\"}{{ FIELD }}{:title=\u0026gt;\"Individually Ranked in Band 1 for Banking \u0026amp; Finance (Georgia)\", :detail=\u0026gt;\"Chambers USA, 2022\"}{{ FIELD }}{:title=\u0026gt;\"Practice Ranked: Banking \u0026amp; Finance - Band 1 (Georgia) and Band 5 (Nationwide) \", :detail=\u0026gt;\"Chambers USA, 2022\"}{{ FIELD }}{:title=\u0026gt;\"Highly Regarded Practitioner in Banking \", :detail=\u0026gt;\"IFLR 1000 US, 2021\"}{{ FIELD }}{:title=\u0026gt;\"Practice Ranked: Commercial Lending - Advice to Borrowers and Lenders\", :detail=\u0026gt;\"LEGAL 500 US, 2022\"}{{ FIELD }}Carolyn Alford represents financial institutions, funds, private equity sponsors, issuers and corporate borrowers on a wide range of complex and innovative finance matters including acquisition, unitranche, first lien/second lien and mezzanine financings, leveraged and investment-grade syndicated credit facilities, private placements of notes and asset-based lending.\nWhile her industry experience is broad, she has an extensive track record in financing matters for healthcare, pharma, energy, telecom and media sectors. Notably, Carolyn co-leads King \u0026amp; Spalding's Finance \u0026amp; Restructuring practice and serves on the firm's managing Policy Committee. Carolyn has been recognized by her clients as “an extremely impressive attorney” and “stand out for her professionalism, expertise and dedication.” Additionally, Chambers USA has noted Carolyn as Band 1 for her Finance practice.\nCarolyn also has experience structuring programmatic lending platforms and is frequently called upon by clients to advise on structuring innovative financial products and to represent their interests in workouts and out of court restructurings.\nCarolyn is a fellow and past-President of the American College of Investment Counsel, where she served on the Board of Trustees for eight years, and the American College of Commercial Finance Lawyers, where she has served on the Nominating Committee. As a passionate proponent for diversity, Carolyn is proud to serve on the Board of the Atlanta Women's Foundation. Carolyn also has the honor of serving as a board member of the Children's Hospital of Atlanta Foundation. Carolyn Zander Alford Partner Practice Ranked in Commercial Lending, Advice to Bank Lenders (Nationwide) LEGAL500, 2025 Practice Ranked in Commercial Lending, Advice to direct lenders / private credit (Nationwide)  LEGAL500, 2025 Practice Ranked in Banking \u0026amp; Finance (New York) CHAMBERS USA, 2025 Practice Ranked in Banking \u0026amp; Finance (Nationwide) CHAMBERS USA,2025 Practice Ranked in Band 1 Banking \u0026amp; Finance (Georgia) CHAMBERS USA, 2025 Individually Ranked in Band 1 Banking \u0026amp; Finance (Georgia) CHAMBERS USA, 2025 Practice Ranked: Capital Markets Securitization, ABS - Band 2 (Nationwide) CHAMBERS USA, 2022 Practice Ranked: Capital Markets Securitization, Whole Business - Band 1 (Nationwide) CHAMBERS USA, 2022 Individually Ranked in Band 1 for Banking \u0026amp; Finance (Georgia) Chambers USA, 2022 Practice Ranked: Banking \u0026amp; Finance - Band 1 (Georgia) and Band 5 (Nationwide)  Chambers USA, 2022 Highly Regarded Practitioner in Banking  IFLR 1000 US, 2021 Practice Ranked: Commercial Lending - Advice to Borrowers and Lenders LEGAL 500 US, 2022 Duke University Duke University School of Law Harvard University Harvard Law School Georgia New York State Bar of Georgia","searchable_name":"Carolyn Zander Alford","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":202,"capability_group_featured":null,"home_page_featured":null},{"id":426617,"version":1,"owner_type":"Person","owner_id":5241,"payload":{"bio":"\u003cp\u003eErik is the Co-Head of the Firm's Real Estate group and counsels a diverse array of clients on various real estate transactions.\u0026nbsp; Erik devotes particular focus to leading a nationally recognized real estate finance practice in which the King \u0026amp; Spalding team routinely represents\u0026nbsp; publicly traded and private banking institutions, insurance companies, family offices, real estate companies, private equity funds and hedge funds in connection with a wide variety of financing structures.\u0026nbsp; Due to the diversity of Erik\u0026rsquo;s practice, he offers clients valuable insight into current \u0026lsquo;market\u0026rsquo; information related to each portion of the capital stack and each segment of the overall debt market.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eErik has particular expertise in structuring and documenting 'loan-on-loan' transactions, single and multi-lender construction, bridge, term, and mezzanine loans, as well as structuring and negotiating participation, co-lender and single and multi-tranche intercreditor agreements.\u0026nbsp; He also focuses on NPL and REO purchase and sale transactions.\u0026nbsp; 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transaction which levered an underlying construction loan which was extended to finance the construction of a contemporary branded hotel.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003eRepresentation of a private equity fund in connection with a loan and equity investment for the development of a luxury golf facility and community in Nashville, Tennessee.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003eRepresentation of a nationally prominent private equity fund in connection with the acquisition of a series of performing and non-performing senior and mezzanine loans.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003eRepresentation of a publicly traded hedge fund in connection with a $100,000,000.00 bridge loan for a property located in Washington D.C.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003eRepresentation of the buyer of a 220 asset pool of NPL\u0026rsquo;s and REO\u0026rsquo;s (facilitated by the FDIC on a non-loss share basis), including, structuring, various equity and debt components.\u003c/em\u003e\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":36,"guid":"36.capabilities","index":0,"source":"capabilities"},{"id":29,"guid":"29.capabilities","index":1,"source":"capabilities"},{"id":107,"guid":"107.capabilities","index":2,"source":"capabilities"},{"id":75,"guid":"75.capabilities","index":3,"source":"capabilities"},{"id":1165,"guid":"1165.smart_tags","index":4,"source":"smartTags"}],"is_active":true,"last_name":"Andersen","nick_name":"Erik","clerkships":[],"first_name":"Erik","title_rank":9999,"updated_by":101,"law_schools":[],"middle_name":"F.","name_suffix":"","recognitions":null,"linked_in_url":null,"seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eErik is the Co-Head of the Firm's Real Estate group and counsels a diverse array of clients on various real estate transactions.\u0026nbsp; Erik devotes particular focus to leading a nationally recognized real estate finance practice in which the King \u0026amp; Spalding team routinely represents\u0026nbsp; publicly traded and private banking institutions, insurance companies, family offices, real estate companies, private equity funds and hedge funds in connection with a wide variety of financing structures.\u0026nbsp; Due to the diversity of Erik\u0026rsquo;s practice, he offers clients valuable insight into current \u0026lsquo;market\u0026rsquo; information related to each portion of the capital stack and each segment of the overall debt market.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eErik has particular expertise in structuring and documenting 'loan-on-loan' transactions, single and multi-lender construction, bridge, term, and mezzanine loans, as well as structuring and negotiating participation, co-lender and single and multi-tranche intercreditor agreements.\u0026nbsp; He also focuses on NPL and REO purchase and sale transactions.\u0026nbsp; Erik's practice also extends to the representation of various lending clients in connection with workout/foreclosure of commercial real estate loans and mezzanine loans, on a regional and national basis as well as the purchase, sale and financing of commercial properties throughout the United States.\u003c/p\u003e","matters":["\u003cp\u003e\u003cem\u003eRepresentation of a publicly traded lender in a $300,000,000.00 construction loan of an office building in New York City.\u0026nbsp; Transaction consisted of EB-5 preferred equity, multi-tranche mezzanine debt and a senior secured first priority mortgage lien.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003eRepresentation of publicly traded lender in a $350,000,000.00 condominium construction loan to a diversely composed borrower group which loan was funded pari passu with a multi-tranche mezzanine loan.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003eRepresentation of agent/multi-national bank in connection with a $195,000,000.00 syndicated first mortgage loan to refinance a flag ship luxury hotel in California.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003eRepresentation of agent/multi-national bank in connection with a $225,000,000.00 syndicated first mortgage construction loan to construct a prominent high rise in Los Angeles, California.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003eRepresentation of a lender in connection with a $100,000,000.00 \u0026lsquo;loan on loan\u0026rsquo; transaction which levered an underlying construction loan which was extended to finance the construction of a contemporary branded hotel.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003eRepresentation of a private equity fund in connection with a loan and equity investment for the development of a luxury golf facility and community in Nashville, Tennessee.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003eRepresentation of a nationally prominent private equity fund in connection with the acquisition of a series of performing and non-performing senior and mezzanine loans.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003eRepresentation of a publicly traded hedge fund in connection with a $100,000,000.00 bridge loan for a property located in Washington D.C.\u003c/em\u003e\u003c/p\u003e","\u003cp\u003e\u003cem\u003eRepresentation of the buyer of a 220 asset pool of NPL\u0026rsquo;s and REO\u0026rsquo;s (facilitated by the FDIC on a non-loss share basis), including, structuring, various equity and debt components.\u003c/em\u003e\u003c/p\u003e"]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":5964}]},"capability_group_id":1},"created_at":"2025-05-26T04:55:21.000Z","updated_at":"2025-05-26T04:55:21.000Z","searchable_text":"Andersen{{ FIELD }}Representation of a publicly traded lender in a $300,000,000.00 construction loan of an office building in New York City.  Transaction consisted of EB-5 preferred equity, multi-tranche mezzanine debt and a senior secured first priority mortgage lien.{{ FIELD }}Representation of publicly traded lender in a $350,000,000.00 condominium construction loan to a diversely composed borrower group which loan was funded pari passu with a multi-tranche mezzanine loan.{{ FIELD }}Representation of agent/multi-national bank in connection with a $195,000,000.00 syndicated first mortgage loan to refinance a flag ship luxury hotel in California.{{ FIELD }}Representation of agent/multi-national bank in connection with a $225,000,000.00 syndicated first mortgage construction loan to construct a prominent high rise in Los Angeles, California.{{ FIELD }}Representation of a lender in connection with a $100,000,000.00 ‘loan on loan’ transaction which levered an underlying construction loan which was extended to finance the construction of a contemporary branded hotel.{{ FIELD }}Representation of a private equity fund in connection with a loan and equity investment for the development of a luxury golf facility and community in Nashville, Tennessee.{{ FIELD }}Representation of a nationally prominent private equity fund in connection with the acquisition of a series of performing and non-performing senior and mezzanine loans.{{ FIELD }}Representation of a publicly traded hedge fund in connection with a $100,000,000.00 bridge loan for a property located in Washington D.C.{{ FIELD }}Representation of the buyer of a 220 asset pool of NPL’s and REO’s (facilitated by the FDIC on a non-loss share basis), including, structuring, various equity and debt components.{{ FIELD }}Erik is the Co-Head of the Firm's Real Estate group and counsels a diverse array of clients on various real estate transactions.  Erik devotes particular focus to leading a nationally recognized real estate finance practice in which the King \u0026amp; Spalding team routinely represents  publicly traded and private banking institutions, insurance companies, family offices, real estate companies, private equity funds and hedge funds in connection with a wide variety of financing structures.  Due to the diversity of Erik’s practice, he offers clients valuable insight into current ‘market’ information related to each portion of the capital stack and each segment of the overall debt market.\nErik has particular expertise in structuring and documenting 'loan-on-loan' transactions, single and multi-lender construction, bridge, term, and mezzanine loans, as well as structuring and negotiating participation, co-lender and single and multi-tranche intercreditor agreements.  He also focuses on NPL and REO purchase and sale transactions.  Erik's practice also extends to the representation of various lending clients in connection with workout/foreclosure of commercial real estate loans and mezzanine loans, on a regional and national basis as well as the purchase, sale and financing of commercial properties throughout the United States. Partner Salisbury University  Brooklyn Law School Brooklyn Law School New York Representation of a publicly traded lender in a $300,000,000.00 construction loan of an office building in New York City.  Transaction consisted of EB-5 preferred equity, multi-tranche mezzanine debt and a senior secured first priority mortgage lien. Representation of publicly traded lender in a $350,000,000.00 condominium construction loan to a diversely composed borrower group which loan was funded pari passu with a multi-tranche mezzanine loan. Representation of agent/multi-national bank in connection with a $195,000,000.00 syndicated first mortgage loan to refinance a flag ship luxury hotel in California. Representation of agent/multi-national bank in connection with a $225,000,000.00 syndicated first mortgage construction loan to construct a prominent high rise in Los Angeles, California. Representation of a lender in connection with a $100,000,000.00 ‘loan on loan’ transaction which levered an underlying construction loan which was extended to finance the construction of a contemporary branded hotel. Representation of a private equity fund in connection with a loan and equity investment for the development of a luxury golf facility and community in Nashville, Tennessee. Representation of a nationally prominent private equity fund in connection with the acquisition of a series of performing and non-performing senior and mezzanine loans. Representation of a publicly traded hedge fund in connection with a $100,000,000.00 bridge loan for a property located in Washington D.C. Representation of the buyer of a 220 asset pool of NPL’s and REO’s (facilitated by the FDIC on a non-loss share basis), including, structuring, various equity and debt components.","searchable_name":"Erik F. Andersen","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":101,"capability_group_featured":null,"home_page_featured":null},{"id":446196,"version":1,"owner_type":"Person","owner_id":6879,"payload":{"bio":"\u003cp\u003eRecognized by \u003cem\u003eChambers USA\u003c/em\u003e for Antitrust \u0026ndash; New York for more than a decade, and perennially listed in \u003cem\u003eGlobal Competition Review\u003c/em\u003e\u0026rsquo;s Who\u0026rsquo;s Who Legal of Competition Lawyers in New York and other similar publications, clients turn to Olivier for antitrust counseling when it matters most for their company. Olivier focuses primarily on antitrust counseling for \u0026ldquo;bet the company\u0026rdquo; transactional matters, as well as high-stakes antitrust litigation and government investigations.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eOlivier has extensive experience representing merging parties, or merger opponents, in transactions raising significant antitrust scrutiny before U.S. Antitrust agencies as well as foreign competition authorities.\u0026nbsp; Olivier has successfully obtained merger clearances in highly contested transactions, and successfully represented merger opponents in some of the most high-profile abandoned transactions and joint ventures.\u003c/p\u003e\n\u003cp\u003eOlivier often provides \u0026ldquo;one-stop-shop\u0026rdquo; counseling on international antitrust questions requiring a bespoke analysis globally. Olivier's practice also includes civil and criminal antitrust enforcement matters and antitrust audit counseling.\u003c/p\u003e\n\u003cp\u003eOlivier's work has covered a broad range of industries, including financial institutions, telecommunications, video distribution, satellite radio, recorded music and music publishing, fixed satellites, oil and gas, paper and forestry products, pharmaceuticals and medical devices, healthcare, food products and food service, bread, spirits, beer, vitamins, textiles, chemicals, fertilizers, sports goods, airlines, automotive and automotive parts, semiconductors, media buying, and advertising.\u003c/p\u003e","slug":"olivier-antoine","email":"oantoine@kslaw.com","phone":null,"matters":["\u003cp\u003e\u003cstrong\u003eRepresentative M\u0026amp;A and Joint Venture Experience\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eRepresent DIRECTV in many transactions including the proposed acquisition of the DISH video distribution business from EchoStar, and Standard General\u0026rsquo;s abandoned acquisition of TEGNA, as well as Disney, Fox, and Warner Brother Discovery\u0026rsquo;s abandoned \u0026ldquo;Venu\u0026rdquo; streaming Joint Venture, and the proposed Nexstar/TEGNA transaction.\u003c/p\u003e","\u003cp\u003eAT\u0026amp;T Inc. in many transactions including its recent $5.75 billion acquisition of Lumen Technologies\u0026rsquo; Mass Markets Fiber-to-the-home business, and its recent acquisition of wireless spectrum licenses from EchoStar for $23 billion, the $43 billion spin off Warner Media to Discovery, the $7.8 billion sale of an interest in DIRECTV to TPG, the $1.175 billion sale of the Crunchyroll business to Sony, the $108.7 billion acquisition of Time Warner Inc., its $67 billion acquisition of DIRECTV, its $1.19 billion acquisition of Leap Wireless, its $944 million acquisition of Centennial Communications, and its attempted $39 billion acquisition of T-Mobile USA Inc.\u003c/p\u003e","\u003cp\u003eSiemens AG in many transactions including the $1.3 billion sale of its Healthcare IT business to Cerner, the sale of its microbiology business to Danaher, and its global collaboration with Varian Medical Systems, and Siemens Healthineers in its $1.1 billion acquisition of Corindus Vascular Robotics.\u003c/p\u003e","\u003cp\u003eA third-party foodservice divestiture acquirer in connection with U.S. Foods\u0026rsquo;s $1.8 billion acquisition of Service Group of America, Inc. and several other matters including Sysco\u0026rsquo;s proposed acquisition of U.S. Foods.\u003c/p\u003e","\u003cp\u003eUnited Technologies in connection with its $30 billion acquisition of Rockwell Collins, and its $15.5 billion acquisition of Goodrich.\u003c/p\u003e","\u003cp\u003eTransCanada in its $13 billion acquisition of Columbia Pipeline Group.\u003c/p\u003e","\u003cp\u003eAlcoa in its $2.85 billion acquisition of Firth Rixson.\u003c/p\u003e","\u003cp\u003eGoldman Sachs \u0026amp; Co. in its spinoff of the REDI business.\u003c/p\u003e","\u003cp\u003eFlowers Foods in its $355 million acquisition of the Hostess bread assets.\u003c/p\u003e","\u003cp\u003eDuPont in the $4.9 billion sale of DuPont Paint and Coating business to the Carlyle Group.\u003c/p\u003e","\u003cp\u003eVeolia in the $1.9 billion sale of its waste assets to Highstar Capital.\u003c/p\u003e","\u003cp\u003eReed Elsevier PLC in its $4.1 billion acquisition of ChoicePoint.\u003c/p\u003e","\u003cp\u003eSirius Satellite Radio in its $13 billion merger with XM Satellite Radio.\u003c/p\u003e","\u003cp\u003eTravelport in its $1.4 billion acquisition of Worldspan.\u003c/p\u003e","\u003cp\u003eSmithfield Foods in its $810 million acquisition of Premium Standard Foods, and its $367 million acquisition of Farmland Foods.\u003c/p\u003e","\u003cp\u003ePanAmSat in its $3.2 billion sale to Intelsat.\u003c/p\u003e","\u003cp\u003eAdidas AG in its $3.8 billion acquisition of Reebok.\u003c/p\u003e","\u003cp\u003eVNU in the attempted $7 billion acquisition of IMS Health.\u003c/p\u003e","\u003cp\u003eCelanese before the European Commission in its $492 million acquisition of Acetex. (Phase II investigation)\u003c/p\u003e","\u003cp\u003eGrey Global in its $1.7 billion sale to WPP.\u003c/p\u003e","\u003cp\u003eCSL in its $925 million acquisition of the Aventis Behring plasma business.\u003c/p\u003e","\u003cp\u003eVivendi Universal in its $8.1 billion sale of the Seagram Spirits and Wine business to Diageo and Pernod Ricard.\u003c/p\u003e","\u003cp\u003eTotal before the European Commission in its \u0026euro;50 billion acquisition of Elf. (Phase II investigation)\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eRepresentative Litigation Experience\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eDIRECTV LLC v. Nexstar Media Group, Inc. et al\u003c/em\u003e, No 1:2023cv02221 \u0026ndash; Represent DIRECTV in antitrust litigation against Nexstar Media Group, Mission Broadcasting and White Knight Broadcast.\u003c/p\u003e","\u003cp\u003e\u003cem\u003eFuboTV Inc. et al v. The Walt Disney Company et al,\u0026nbsp;\u003c/em\u003e1:24-cv-01363-MMG (S.D.N.Y) \u0026ndash; Represented DIRECTV in connection with the proposed \u0026ldquo;Venu\u0026rdquo; streaming joint venture by Disney, Fox and Warner Brothers Discovery. The parties eventually abandoned the joint venture following opposition from non-parties EchoStar and DIRECTV.\u003c/p\u003e","\u003cp\u003e\u003cem\u003eState of New York et al. v. Deutsche Telekom et al,\u0026nbsp;\u003c/em\u003eNo 1:19-cv-05434 (S.D.N.Y) \u0026ndash; Represented AT\u0026amp;T Inc. in connection with the New York Attorney General et al. challenge of T-Mobile USA\u0026rsquo;s proposed $56 billion acquisition of Sprint.\u003c/p\u003e","\u003cp\u003e\u003cem\u003eE.I. du Pont de Nemours and Co. v. Kolon Industries, Inc\u003c/em\u003e., No. 3.09cv58 (E.D.VA) \u0026ndash; Represented E.I. du Pont de Nemours and Company in trade secret infringement litigation against Kolon Industries, Inc., and related monopolization counterclaim (ED Va). DuPont won a $919.9 million verdict, and the antitrust counterclaim was dismissed with prejudice.\u003c/p\u003e","\u003cp\u003e\u003cem\u003eIn re Air Cargo Antitrust Litigation\u003c/em\u003e, MDL-1715 (E.D.N.Y.) \u0026ndash; Represented a European airline in defending class action claims that air cargo rates were fixed.\u003c/p\u003e","\u003cp\u003e\u003cem\u003eIn re Digital Music Antitrust Litigation\u003c/em\u003e, No. 06 MD 1780 (S.D.N.Y) \u0026ndash; Represented Warner Music Group in connection with DOJ and NYAG investigations regarding the pricing of digital music and in class action claims filed against music companies alleging collusion in digital music pricing.\u003c/p\u003e","\u003cp\u003e\u003cem\u003eIn re Methyl-Methacrylate Antitrust Litigation\u003c/em\u003e, MDL-1768 (E.D. Pa.) \u0026ndash; Represented Lucite Inc. in class actions alleging a conspiracy to fix prices of methyl-methacrylate (MMA) and polymethyl-methacrylate (PMMA).\u003c/p\u003e","\u003cp\u003e\u003cem\u003eIn re Publication Paper Antitrust Litigation\u0026nbsp;\u003c/em\u003e(MDL No. 1631, D. Conn.) \u0026ndash; Represented a major pulp and paper producer in a nationwide antitrust action alleging an unlawful conspiracy to fix the price of publication paper.\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[{"id":3225}]},"expertise":[{"id":74,"guid":"74.capabilities","index":0,"source":"capabilities"},{"id":129,"guid":"129.capabilities","index":1,"source":"capabilities"},{"id":3,"guid":"3.capabilities","index":2,"source":"capabilities"},{"id":5,"guid":"5.capabilities","index":3,"source":"capabilities"},{"id":24,"guid":"24.capabilities","index":4,"source":"capabilities"},{"id":32,"guid":"32.capabilities","index":5,"source":"capabilities"},{"id":118,"guid":"118.capabilities","index":6,"source":"capabilities"},{"id":103,"guid":"103.capabilities","index":7,"source":"capabilities"},{"id":106,"guid":"106.capabilities","index":8,"source":"capabilities"},{"id":107,"guid":"107.capabilities","index":9,"source":"capabilities"},{"id":764,"guid":"764.smart_tags","index":10,"source":"smartTags"},{"id":1220,"guid":"1220.smart_tags","index":11,"source":"smartTags"},{"id":1188,"guid":"1188.smart_tags","index":12,"source":"smartTags"},{"id":761,"guid":"761.smart_tags","index":13,"source":"smartTags"},{"id":762,"guid":"762.smart_tags","index":14,"source":"smartTags"},{"id":1141,"guid":"1141.smart_tags","index":15,"source":"smartTags"},{"id":1,"guid":"1.capabilities","index":16,"source":"capabilities"}],"is_active":true,"last_name":"Antoine","nick_name":"Olivier","clerkships":[],"first_name":"Olivier","title_rank":9999,"updated_by":202,"law_schools":[{"id":722,"meta":{"degree":"LL.M.","honors":"cum laude","is_law_school":"1","graduation_date":"1999-01-01 00:00:00"},"order":1,"pin_order":null,"pin_expiration":null}],"middle_name":"N.","name_suffix":"","recognitions":[{"title":"Global Competition Review: GCR 100","detail":"2013-2025"},{"title":"Chambers USA: Antitrust – New York","detail":"2013 - 2024"}],"linked_in_url":"https://www.linkedin.com/in/oantoine/","seodescription":"Olivier is a partner","primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eRecognized by \u003cem\u003eChambers USA\u003c/em\u003e for Antitrust \u0026ndash; New York for more than a decade, and perennially listed in \u003cem\u003eGlobal Competition Review\u003c/em\u003e\u0026rsquo;s Who\u0026rsquo;s Who Legal of Competition Lawyers in New York and other similar publications, clients turn to Olivier for antitrust counseling when it matters most for their company. Olivier focuses primarily on antitrust counseling for \u0026ldquo;bet the company\u0026rdquo; transactional matters, as well as high-stakes antitrust litigation and government investigations.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eOlivier has extensive experience representing merging parties, or merger opponents, in transactions raising significant antitrust scrutiny before U.S. Antitrust agencies as well as foreign competition authorities.\u0026nbsp; Olivier has successfully obtained merger clearances in highly contested transactions, and successfully represented merger opponents in some of the most high-profile abandoned transactions and joint ventures.\u003c/p\u003e\n\u003cp\u003eOlivier often provides \u0026ldquo;one-stop-shop\u0026rdquo; counseling on international antitrust questions requiring a bespoke analysis globally. Olivier's practice also includes civil and criminal antitrust enforcement matters and antitrust audit counseling.\u003c/p\u003e\n\u003cp\u003eOlivier's work has covered a broad range of industries, including financial institutions, telecommunications, video distribution, satellite radio, recorded music and music publishing, fixed satellites, oil and gas, paper and forestry products, pharmaceuticals and medical devices, healthcare, food products and food service, bread, spirits, beer, vitamins, textiles, chemicals, fertilizers, sports goods, airlines, automotive and automotive parts, semiconductors, media buying, and advertising.\u003c/p\u003e","matters":["\u003cp\u003e\u003cstrong\u003eRepresentative M\u0026amp;A and Joint Venture Experience\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003eRepresent DIRECTV in many transactions including the proposed acquisition of the DISH video distribution business from EchoStar, and Standard General\u0026rsquo;s abandoned acquisition of TEGNA, as well as Disney, Fox, and Warner Brother Discovery\u0026rsquo;s abandoned \u0026ldquo;Venu\u0026rdquo; streaming Joint Venture, and the proposed Nexstar/TEGNA transaction.\u003c/p\u003e","\u003cp\u003eAT\u0026amp;T Inc. in many transactions including its recent $5.75 billion acquisition of Lumen Technologies\u0026rsquo; Mass Markets Fiber-to-the-home business, and its recent acquisition of wireless spectrum licenses from EchoStar for $23 billion, the $43 billion spin off Warner Media to Discovery, the $7.8 billion sale of an interest in DIRECTV to TPG, the $1.175 billion sale of the Crunchyroll business to Sony, the $108.7 billion acquisition of Time Warner Inc., its $67 billion acquisition of DIRECTV, its $1.19 billion acquisition of Leap Wireless, its $944 million acquisition of Centennial Communications, and its attempted $39 billion acquisition of T-Mobile USA Inc.\u003c/p\u003e","\u003cp\u003eSiemens AG in many transactions including the $1.3 billion sale of its Healthcare IT business to Cerner, the sale of its microbiology business to Danaher, and its global collaboration with Varian Medical Systems, and Siemens Healthineers in its $1.1 billion acquisition of Corindus Vascular Robotics.\u003c/p\u003e","\u003cp\u003eA third-party foodservice divestiture acquirer in connection with U.S. Foods\u0026rsquo;s $1.8 billion acquisition of Service Group of America, Inc. and several other matters including Sysco\u0026rsquo;s proposed acquisition of U.S. Foods.\u003c/p\u003e","\u003cp\u003eUnited Technologies in connection with its $30 billion acquisition of Rockwell Collins, and its $15.5 billion acquisition of Goodrich.\u003c/p\u003e","\u003cp\u003eTransCanada in its $13 billion acquisition of Columbia Pipeline Group.\u003c/p\u003e","\u003cp\u003eAlcoa in its $2.85 billion acquisition of Firth Rixson.\u003c/p\u003e","\u003cp\u003eGoldman Sachs \u0026amp; Co. in its spinoff of the REDI business.\u003c/p\u003e","\u003cp\u003eFlowers Foods in its $355 million acquisition of the Hostess bread assets.\u003c/p\u003e","\u003cp\u003eDuPont in the $4.9 billion sale of DuPont Paint and Coating business to the Carlyle Group.\u003c/p\u003e","\u003cp\u003eVeolia in the $1.9 billion sale of its waste assets to Highstar Capital.\u003c/p\u003e","\u003cp\u003eReed Elsevier PLC in its $4.1 billion acquisition of ChoicePoint.\u003c/p\u003e","\u003cp\u003eSirius Satellite Radio in its $13 billion merger with XM Satellite Radio.\u003c/p\u003e","\u003cp\u003eTravelport in its $1.4 billion acquisition of Worldspan.\u003c/p\u003e","\u003cp\u003eSmithfield Foods in its $810 million acquisition of Premium Standard Foods, and its $367 million acquisition of Farmland Foods.\u003c/p\u003e","\u003cp\u003ePanAmSat in its $3.2 billion sale to Intelsat.\u003c/p\u003e","\u003cp\u003eAdidas AG in its $3.8 billion acquisition of Reebok.\u003c/p\u003e","\u003cp\u003eVNU in the attempted $7 billion acquisition of IMS Health.\u003c/p\u003e","\u003cp\u003eCelanese before the European Commission in its $492 million acquisition of Acetex. (Phase II investigation)\u003c/p\u003e","\u003cp\u003eGrey Global in its $1.7 billion sale to WPP.\u003c/p\u003e","\u003cp\u003eCSL in its $925 million acquisition of the Aventis Behring plasma business.\u003c/p\u003e","\u003cp\u003eVivendi Universal in its $8.1 billion sale of the Seagram Spirits and Wine business to Diageo and Pernod Ricard.\u003c/p\u003e","\u003cp\u003eTotal before the European Commission in its \u0026euro;50 billion acquisition of Elf. (Phase II investigation)\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003eRepresentative Litigation Experience\u003c/strong\u003e\u003c/p\u003e\n\u003cp\u003e\u003cem\u003eDIRECTV LLC v. Nexstar Media Group, Inc. et al\u003c/em\u003e, No 1:2023cv02221 \u0026ndash; Represent DIRECTV in antitrust litigation against Nexstar Media Group, Mission Broadcasting and White Knight Broadcast.\u003c/p\u003e","\u003cp\u003e\u003cem\u003eFuboTV Inc. et al v. The Walt Disney Company et al,\u0026nbsp;\u003c/em\u003e1:24-cv-01363-MMG (S.D.N.Y) \u0026ndash; Represented DIRECTV in connection with the proposed \u0026ldquo;Venu\u0026rdquo; streaming joint venture by Disney, Fox and Warner Brothers Discovery. The parties eventually abandoned the joint venture following opposition from non-parties EchoStar and DIRECTV.\u003c/p\u003e","\u003cp\u003e\u003cem\u003eState of New York et al. v. Deutsche Telekom et al,\u0026nbsp;\u003c/em\u003eNo 1:19-cv-05434 (S.D.N.Y) \u0026ndash; Represented AT\u0026amp;T Inc. in connection with the New York Attorney General et al. challenge of T-Mobile USA\u0026rsquo;s proposed $56 billion acquisition of Sprint.\u003c/p\u003e","\u003cp\u003e\u003cem\u003eE.I. du Pont de Nemours and Co. v. Kolon Industries, Inc\u003c/em\u003e., No. 3.09cv58 (E.D.VA) \u0026ndash; Represented E.I. du Pont de Nemours and Company in trade secret infringement litigation against Kolon Industries, Inc., and related monopolization counterclaim (ED Va). DuPont won a $919.9 million verdict, and the antitrust counterclaim was dismissed with prejudice.\u003c/p\u003e","\u003cp\u003e\u003cem\u003eIn re Air Cargo Antitrust Litigation\u003c/em\u003e, MDL-1715 (E.D.N.Y.) \u0026ndash; Represented a European airline in defending class action claims that air cargo rates were fixed.\u003c/p\u003e","\u003cp\u003e\u003cem\u003eIn re Digital Music Antitrust Litigation\u003c/em\u003e, No. 06 MD 1780 (S.D.N.Y) \u0026ndash; Represented Warner Music Group in connection with DOJ and NYAG investigations regarding the pricing of digital music and in class action claims filed against music companies alleging collusion in digital music pricing.\u003c/p\u003e","\u003cp\u003e\u003cem\u003eIn re Methyl-Methacrylate Antitrust Litigation\u003c/em\u003e, MDL-1768 (E.D. Pa.) \u0026ndash; Represented Lucite Inc. in class actions alleging a conspiracy to fix prices of methyl-methacrylate (MMA) and polymethyl-methacrylate (PMMA).\u003c/p\u003e","\u003cp\u003e\u003cem\u003eIn re Publication Paper Antitrust Litigation\u0026nbsp;\u003c/em\u003e(MDL No. 1631, D. Conn.) \u0026ndash; Represented a major pulp and paper producer in a nationwide antitrust action alleging an unlawful conspiracy to fix the price of publication paper.\u003c/p\u003e"],"recognitions":[{"title":"Global Competition Review: GCR 100","detail":"2013-2025"},{"title":"Chambers USA: Antitrust – New York","detail":"2013 - 2024"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":12282}]},"capability_group_id":3},"created_at":"2026-02-27T14:37:17.000Z","updated_at":"2026-02-27T14:37:17.000Z","searchable_text":"Antoine{{ FIELD }}{:title=\u0026gt;\"Global Competition Review: GCR 100\", :detail=\u0026gt;\"2013-2025\"}{{ FIELD }}{:title=\u0026gt;\"Chambers USA: Antitrust – New York\", :detail=\u0026gt;\"2013 - 2024\"}{{ FIELD }}Representative M\u0026amp;A and Joint Venture Experience\nRepresent DIRECTV in many transactions including the proposed acquisition of the DISH video distribution business from EchoStar, and Standard General’s abandoned acquisition of TEGNA, as well as Disney, Fox, and Warner Brother Discovery’s abandoned “Venu” streaming Joint Venture, and the proposed Nexstar/TEGNA transaction.{{ FIELD }}AT\u0026amp;T Inc. in many transactions including its recent $5.75 billion acquisition of Lumen Technologies’ Mass Markets Fiber-to-the-home business, and its recent acquisition of wireless spectrum licenses from EchoStar for $23 billion, the $43 billion spin off Warner Media to Discovery, the $7.8 billion sale of an interest in DIRECTV to TPG, the $1.175 billion sale of the Crunchyroll business to Sony, the $108.7 billion acquisition of Time Warner Inc., its $67 billion acquisition of DIRECTV, its $1.19 billion acquisition of Leap Wireless, its $944 million acquisition of Centennial Communications, and its attempted $39 billion acquisition of T-Mobile USA Inc.{{ FIELD }}Siemens AG in many transactions including the $1.3 billion sale of its Healthcare IT business to Cerner, the sale of its microbiology business to Danaher, and its global collaboration with Varian Medical Systems, and Siemens Healthineers in its $1.1 billion acquisition of Corindus Vascular Robotics.{{ FIELD }}A third-party foodservice divestiture acquirer in connection with U.S. Foods’s $1.8 billion acquisition of Service Group of America, Inc. and several other matters including Sysco’s proposed acquisition of U.S. Foods.{{ FIELD }}United Technologies in connection with its $30 billion acquisition of Rockwell Collins, and its $15.5 billion acquisition of Goodrich.{{ FIELD }}TransCanada in its $13 billion acquisition of Columbia Pipeline Group.{{ FIELD }}Alcoa in its $2.85 billion acquisition of Firth Rixson.{{ FIELD }}Goldman Sachs \u0026amp; Co. in its spinoff of the REDI business.{{ FIELD }}Flowers Foods in its $355 million acquisition of the Hostess bread assets.{{ FIELD }}DuPont in the $4.9 billion sale of DuPont Paint and Coating business to the Carlyle Group.{{ FIELD }}Veolia in the $1.9 billion sale of its waste assets to Highstar Capital.{{ FIELD }}Reed Elsevier PLC in its $4.1 billion acquisition of ChoicePoint.{{ FIELD }}Sirius Satellite Radio in its $13 billion merger with XM Satellite Radio.{{ FIELD }}Travelport in its $1.4 billion acquisition of Worldspan.{{ FIELD }}Smithfield Foods in its $810 million acquisition of Premium Standard Foods, and its $367 million acquisition of Farmland Foods.{{ FIELD }}PanAmSat in its $3.2 billion sale to Intelsat.{{ FIELD }}Adidas AG in its $3.8 billion acquisition of Reebok.{{ FIELD }}VNU in the attempted $7 billion acquisition of IMS Health.{{ FIELD }}Celanese before the European Commission in its $492 million acquisition of Acetex. (Phase II investigation){{ FIELD }}Grey Global in its $1.7 billion sale to WPP.{{ FIELD }}CSL in its $925 million acquisition of the Aventis Behring plasma business.{{ FIELD }}Vivendi Universal in its $8.1 billion sale of the Seagram Spirits and Wine business to Diageo and Pernod Ricard.{{ FIELD }}Total before the European Commission in its €50 billion acquisition of Elf. (Phase II investigation){{ FIELD }}Representative Litigation Experience\nDIRECTV LLC v. Nexstar Media Group, Inc. et al, No 1:2023cv02221 – Represent DIRECTV in antitrust litigation against Nexstar Media Group, Mission Broadcasting and White Knight Broadcast.{{ FIELD }}FuboTV Inc. et al v. The Walt Disney Company et al, 1:24-cv-01363-MMG (S.D.N.Y) – Represented DIRECTV in connection with the proposed “Venu” streaming joint venture by Disney, Fox and Warner Brothers Discovery. The parties eventually abandoned the joint venture following opposition from non-parties EchoStar and DIRECTV.{{ FIELD }}State of New York et al. v. Deutsche Telekom et al, No 1:19-cv-05434 (S.D.N.Y) – Represented AT\u0026amp;T Inc. in connection with the New York Attorney General et al. challenge of T-Mobile USA’s proposed $56 billion acquisition of Sprint.{{ FIELD }}E.I. du Pont de Nemours and Co. v. Kolon Industries, Inc., No. 3.09cv58 (E.D.VA) – Represented E.I. du Pont de Nemours and Company in trade secret infringement litigation against Kolon Industries, Inc., and related monopolization counterclaim (ED Va). DuPont won a $919.9 million verdict, and the antitrust counterclaim was dismissed with prejudice.{{ FIELD }}In re Air Cargo Antitrust Litigation, MDL-1715 (E.D.N.Y.) – Represented a European airline in defending class action claims that air cargo rates were fixed.{{ FIELD }}In re Digital Music Antitrust Litigation, No. 06 MD 1780 (S.D.N.Y) – Represented Warner Music Group in connection with DOJ and NYAG investigations regarding the pricing of digital music and in class action claims filed against music companies alleging collusion in digital music pricing.{{ FIELD }}In re Methyl-Methacrylate Antitrust Litigation, MDL-1768 (E.D. Pa.) – Represented Lucite Inc. in class actions alleging a conspiracy to fix prices of methyl-methacrylate (MMA) and polymethyl-methacrylate (PMMA).{{ FIELD }}In re Publication Paper Antitrust Litigation (MDL No. 1631, D. Conn.) – Represented a major pulp and paper producer in a nationwide antitrust action alleging an unlawful conspiracy to fix the price of publication paper.{{ FIELD }}Recognized by Chambers USA for Antitrust – New York for more than a decade, and perennially listed in Global Competition Review’s Who’s Who Legal of Competition Lawyers in New York and other similar publications, clients turn to Olivier for antitrust counseling when it matters most for their company. Olivier focuses primarily on antitrust counseling for “bet the company” transactional matters, as well as high-stakes antitrust litigation and government investigations.\nOlivier has extensive experience representing merging parties, or merger opponents, in transactions raising significant antitrust scrutiny before U.S. Antitrust agencies as well as foreign competition authorities.  Olivier has successfully obtained merger clearances in highly contested transactions, and successfully represented merger opponents in some of the most high-profile abandoned transactions and joint ventures.\nOlivier often provides “one-stop-shop” counseling on international antitrust questions requiring a bespoke analysis globally. Olivier's practice also includes civil and criminal antitrust enforcement matters and antitrust audit counseling.\nOlivier's work has covered a broad range of industries, including financial institutions, telecommunications, video distribution, satellite radio, recorded music and music publishing, fixed satellites, oil and gas, paper and forestry products, pharmaceuticals and medical devices, healthcare, food products and food service, bread, spirits, beer, vitamins, textiles, chemicals, fertilizers, sports goods, airlines, automotive and automotive parts, semiconductors, media buying, and advertising. Olivier Antoine lawyer Partner Global Competition Review: GCR 100 2013-2025 Chambers USA: Antitrust – New York 2013 - 2024 University of Paris, Pantheon Sorbonne  Fordham University Fordham University School of Law University of Paris, Pantheon Sorbonne  New York New York State Bar Association, Chair of the International Antitrust and Competition Law Committee American Bar Association, Member of the International Antitrust Law Committee Steering Group Representative M\u0026amp;A and Joint Venture Experience\nRepresent DIRECTV in many transactions including the proposed acquisition of the DISH video distribution business from EchoStar, and Standard General’s abandoned acquisition of TEGNA, as well as Disney, Fox, and Warner Brother Discovery’s abandoned “Venu” streaming Joint Venture, and the proposed Nexstar/TEGNA transaction. AT\u0026amp;T Inc. in many transactions including its recent $5.75 billion acquisition of Lumen Technologies’ Mass Markets Fiber-to-the-home business, and its recent acquisition of wireless spectrum licenses from EchoStar for $23 billion, the $43 billion spin off Warner Media to Discovery, the $7.8 billion sale of an interest in DIRECTV to TPG, the $1.175 billion sale of the Crunchyroll business to Sony, the $108.7 billion acquisition of Time Warner Inc., its $67 billion acquisition of DIRECTV, its $1.19 billion acquisition of Leap Wireless, its $944 million acquisition of Centennial Communications, and its attempted $39 billion acquisition of T-Mobile USA Inc. Siemens AG in many transactions including the $1.3 billion sale of its Healthcare IT business to Cerner, the sale of its microbiology business to Danaher, and its global collaboration with Varian Medical Systems, and Siemens Healthineers in its $1.1 billion acquisition of Corindus Vascular Robotics. A third-party foodservice divestiture acquirer in connection with U.S. Foods’s $1.8 billion acquisition of Service Group of America, Inc. and several other matters including Sysco’s proposed acquisition of U.S. Foods. United Technologies in connection with its $30 billion acquisition of Rockwell Collins, and its $15.5 billion acquisition of Goodrich. TransCanada in its $13 billion acquisition of Columbia Pipeline Group. Alcoa in its $2.85 billion acquisition of Firth Rixson. Goldman Sachs \u0026amp; Co. in its spinoff of the REDI business. Flowers Foods in its $355 million acquisition of the Hostess bread assets. DuPont in the $4.9 billion sale of DuPont Paint and Coating business to the Carlyle Group. Veolia in the $1.9 billion sale of its waste assets to Highstar Capital. Reed Elsevier PLC in its $4.1 billion acquisition of ChoicePoint. Sirius Satellite Radio in its $13 billion merger with XM Satellite Radio. Travelport in its $1.4 billion acquisition of Worldspan. Smithfield Foods in its $810 million acquisition of Premium Standard Foods, and its $367 million acquisition of Farmland Foods. PanAmSat in its $3.2 billion sale to Intelsat. Adidas AG in its $3.8 billion acquisition of Reebok. VNU in the attempted $7 billion acquisition of IMS Health. Celanese before the European Commission in its $492 million acquisition of Acetex. (Phase II investigation) Grey Global in its $1.7 billion sale to WPP. CSL in its $925 million acquisition of the Aventis Behring plasma business. Vivendi Universal in its $8.1 billion sale of the Seagram Spirits and Wine business to Diageo and Pernod Ricard. Total before the European Commission in its €50 billion acquisition of Elf. (Phase II investigation) Representative Litigation Experience\nDIRECTV LLC v. Nexstar Media Group, Inc. et al, No 1:2023cv02221 – Represent DIRECTV in antitrust litigation against Nexstar Media Group, Mission Broadcasting and White Knight Broadcast. FuboTV Inc. et al v. The Walt Disney Company et al, 1:24-cv-01363-MMG (S.D.N.Y) – Represented DIRECTV in connection with the proposed “Venu” streaming joint venture by Disney, Fox and Warner Brothers Discovery. The parties eventually abandoned the joint venture following opposition from non-parties EchoStar and DIRECTV. State of New York et al. v. Deutsche Telekom et al, No 1:19-cv-05434 (S.D.N.Y) – Represented AT\u0026amp;T Inc. in connection with the New York Attorney General et al. challenge of T-Mobile USA’s proposed $56 billion acquisition of Sprint. E.I. du Pont de Nemours and Co. v. Kolon Industries, Inc., No. 3.09cv58 (E.D.VA) – Represented E.I. du Pont de Nemours and Company in trade secret infringement litigation against Kolon Industries, Inc., and related monopolization counterclaim (ED Va). DuPont won a $919.9 million verdict, and the antitrust counterclaim was dismissed with prejudice. In re Air Cargo Antitrust Litigation, MDL-1715 (E.D.N.Y.) – Represented a European airline in defending class action claims that air cargo rates were fixed. In re Digital Music Antitrust Litigation, No. 06 MD 1780 (S.D.N.Y) – Represented Warner Music Group in connection with DOJ and NYAG investigations regarding the pricing of digital music and in class action claims filed against music companies alleging collusion in digital music pricing. In re Methyl-Methacrylate Antitrust Litigation, MDL-1768 (E.D. Pa.) – Represented Lucite Inc. in class actions alleging a conspiracy to fix prices of methyl-methacrylate (MMA) and polymethyl-methacrylate (PMMA). In re Publication Paper Antitrust Litigation (MDL No. 1631, D. Conn.) – Represented a major pulp and paper producer in a nationwide antitrust action alleging an unlawful conspiracy to fix the price of publication paper.","searchable_name":"Olivier N. Antoine","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":202,"capability_group_featured":null,"home_page_featured":null},{"id":426768,"version":1,"owner_type":"Person","owner_id":5603,"payload":{"bio":"\u003cp\u003eJonathan Arkins represents major domestic and international financial institutions, private equity funds, and other institutional investors in private placement offerings, revolving and static-pool warehouse facilities, bankruptcy safe harbored financing transactions and structures, domestic and foreign asset-backed securitizations of a diverse range of asset types, supply chain and trade financing and related trade receivable financing and securitization, mortgage and related asset repurchase transactions, fund finance and subscription lines, standby and trade letters of credit, and various other types of secured lending.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eIn addition, Mr. Arkins has extensive experience in short and long term international and domestic monetization transactions, as well as the representation of institutional investors in corporate and asset-backed private placement transactions\u003c/p\u003e\n\u003cp\u003eMr. Arkins started his career as a commercial litigator, before moving into the transactional side of practice.\u003c/p\u003e","slug":"jonathan-arkins","email":"jarkins@kslaw.com","phone":null,"matters":null,"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":75,"guid":"75.capabilities","index":0,"source":"capabilities"},{"id":33,"guid":"33.capabilities","index":1,"source":"capabilities"},{"id":36,"guid":"36.capabilities","index":2,"source":"capabilities"},{"id":82,"guid":"82.capabilities","index":3,"source":"capabilities"},{"id":29,"guid":"29.capabilities","index":4,"source":"capabilities"},{"id":107,"guid":"107.capabilities","index":5,"source":"capabilities"},{"id":1165,"guid":"1165.smart_tags","index":6,"source":"smartTags"},{"id":120,"guid":"120.capabilities","index":7,"source":"capabilities"},{"id":1261,"guid":"1261.smart_tags","index":8,"source":"smartTags"}],"is_active":true,"last_name":"Arkins","nick_name":"Jonathan","clerkships":[],"first_name":"Jonathan","title_rank":9999,"updated_by":174,"law_schools":[],"middle_name":" ","name_suffix":"","recognitions":[{"title":"Chambers Global – Capital Markets: Securitization (USA)","detail":"2011-2012"},{"title":"Chambers USA – Capital Markets: Securitization (Nationwide) ","detail":"2010-2011"}],"linked_in_url":null,"seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eJonathan Arkins represents major domestic and international financial institutions, private equity funds, and other institutional investors in private placement offerings, revolving and static-pool warehouse facilities, bankruptcy safe harbored financing transactions and structures, domestic and foreign asset-backed securitizations of a diverse range of asset types, supply chain and trade financing and related trade receivable financing and securitization, mortgage and related asset repurchase transactions, fund finance and subscription lines, standby and trade letters of credit, and various other types of secured lending.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eIn addition, Mr. Arkins has extensive experience in short and long term international and domestic monetization transactions, as well as the representation of institutional investors in corporate and asset-backed private placement transactions\u003c/p\u003e\n\u003cp\u003eMr. Arkins started his career as a commercial litigator, before moving into the transactional side of practice.\u003c/p\u003e","recognitions":[{"title":"Chambers Global – Capital Markets: Securitization (USA)","detail":"2011-2012"},{"title":"Chambers USA – Capital Markets: Securitization (Nationwide) ","detail":"2010-2011"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":7197}]},"capability_group_id":1},"created_at":"2025-05-26T04:56:39.000Z","updated_at":"2025-05-26T04:56:39.000Z","searchable_text":"Arkins{{ FIELD }}{:title=\u0026gt;\"Chambers Global – Capital Markets: Securitization (USA)\", :detail=\u0026gt;\"2011-2012\"}{{ FIELD }}{:title=\u0026gt;\"Chambers USA – Capital Markets: Securitization (Nationwide) \", :detail=\u0026gt;\"2010-2011\"}{{ FIELD }}Jonathan Arkins represents major domestic and international financial institutions, private equity funds, and other institutional investors in private placement offerings, revolving and static-pool warehouse facilities, bankruptcy safe harbored financing transactions and structures, domestic and foreign asset-backed securitizations of a diverse range of asset types, supply chain and trade financing and related trade receivable financing and securitization, mortgage and related asset repurchase transactions, fund finance and subscription lines, standby and trade letters of credit, and various other types of secured lending.\nIn addition, Mr. Arkins has extensive experience in short and long term international and domestic monetization transactions, as well as the representation of institutional investors in corporate and asset-backed private placement transactions\nMr. Arkins started his career as a commercial litigator, before moving into the transactional side of practice. Partner Chambers Global – Capital Markets: Securitization (USA) 2011-2012 Chambers USA – Capital Markets: Securitization (Nationwide)  2010-2011 Monash University, Australia  Monash University, Australia  Monash University, Australia  Florida New York High Court of Australia Supreme Court of Victoria, Australia","searchable_name":"Jonathan Arkins","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":174,"capability_group_featured":null,"home_page_featured":null},{"id":444235,"version":1,"owner_type":"Person","owner_id":5486,"payload":{"bio":"\u003cp\u003eConrad Axelrod represents sophisticated asset managers and investors across the private funds spectrum. He counsels clients on the intersection of corporate, tax, regulatory, ERISA and finance matters that define the investment management industry.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eConrad has over 15\u0026nbsp;years' experience in US and European fund formation at market-leading law firms. His asset management experience encompasses closed-end and open-end fund formation in diverse sectors including private equity, real estate, infrastructure, energy and venture capital. Conrad routinely advises on regulatory compliance and other governance aspects of co-investments, separate accounts, insurance intermediation\u0026nbsp;and cross-border joint ventures. He also has significant experience negotiating and executing\u0026nbsp;strategic transactions involving investment advisers, seed investments, fund recapitalizations and secondary portfolios.\u003c/p\u003e","slug":"conrad-axelrod","email":"caxelrod@kslaw.com","phone":null,"matters":["\u003cp\u003eRepresented top-10 global\u0026nbsp;\u003cstrong\u003elife insurance company\u0026nbsp;\u003c/strong\u003ein the formation of \u0026gt;$1bn investment vehicles with international insurers and pension funds to acquire and develop multifamily, industrial and life science real estate in the United States\u003c/p\u003e","\u003cp\u003eRepresented private-equity backed\u0026nbsp;\u003cstrong\u003einsurance distribution business\u003c/strong\u003e\u0026nbsp;in its acquisition of numerous SEC registered investment adviser (RIA) and broker-dealer (BD) portfolio companies, including compliance architecture and integration\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003einitial purchaser\u003c/strong\u003e\u0026nbsp;in $500m first-in-class securitization of\u0026nbsp;\u003cstrong\u003edigital infrastructure\u0026nbsp;\u003c/strong\u003easset management business, including underwriting collateral package of management fee, carried interest and sponsor equity co-investment positions\u003c/p\u003e","\u003cp\u003eRaised over $6b for a series of closed-end real estate credit funds sponsored by a top-10 global\u003cstrong\u003e\u0026nbsp;hedge fund manager\u0026nbsp;\u003c/strong\u003ebased in the United Kingdom\u003c/p\u003e","\u003cp\u003eFormation of first-time funds for\u0026nbsp;\u003cstrong\u003eCresta Investment Group\u003c/strong\u003e\u0026nbsp;(mineral royalties),\u0026nbsp;\u003cstrong\u003ePeregren Capital Group\u003c/strong\u003e\u0026nbsp;(real estate finance),\u0026nbsp;\u003cstrong\u003eHP Investors\u003c/strong\u003e\u0026nbsp;(commercial real estate), and\u0026nbsp;\u003cstrong\u003evarious family offices\u003c/strong\u003e\u0026nbsp;(venture capital, real estate)\u003c/p\u003e","\u003cp\u003eAdvised\u0026nbsp;\u003cstrong\u003eEnerTech Capital\u003c/strong\u003e\u0026nbsp;on the formation of its Global Strategic Mobility Fund and partnership with the California Mobility Center (CMC)\u003c/p\u003e","\u003cp\u003eAdvisory mandates for\u0026nbsp;\u003cstrong\u003eVida Capital\u003c/strong\u003e\u0026nbsp;in $400 million collateralized reinsurance transactions\u003c/p\u003e","\u003cp\u003eInvestment management advice to\u0026nbsp;\u003cstrong\u003eT\u0026amp;D Life Group\u003c/strong\u003e\u0026nbsp;in its (i) $1.8 billion acquisition, with The Carlyle Group, of Fortitude Re from AIG and (ii) $2.1 billion co-investment transaction with GIC and The Carlyle Group\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003einstitutional investors\u003c/strong\u003e\u0026nbsp;and\u0026nbsp;\u003cstrong\u003easset managers\u0026nbsp;\u003c/strong\u003eincluding pension funds, endowments and life insurance companies from\u0026nbsp;\u003cstrong\u003eJapan\u003c/strong\u003e,\u0026nbsp;\u003cstrong\u003eGerman\u003c/strong\u003e,\u0026nbsp;\u003cstrong\u003eTurkey\u003c/strong\u003e,\u0026nbsp;\u003cstrong\u003eBrazil\u003c/strong\u003e, the\u0026nbsp;\u003cstrong\u003eUnited Kingdom\u003c/strong\u003e\u0026nbsp;and the\u0026nbsp;\u003cstrong\u003eUnited States\u003c/strong\u003e\u0026nbsp;in connection with individual LP commitments and co-investments of up to ~$500m, including sustainable energy and carbon-neutral investment strategies\u003c/p\u003e","\u003cp\u003eAdvised\u0026nbsp;\u003cstrong\u003eCortland Partners, LLC\u003c/strong\u003e\u0026nbsp;on the formation of an investment vehicle for the $1.2 billion acquisition and subsequent refinancing of Pure Multi-Family REIT LP, a Canadian listed company\u003c/p\u003e","\u003cp\u003eRepresented various\u0026nbsp;\u003cstrong\u003esponsors\u003c/strong\u003e,\u0026nbsp;\u003cstrong\u003emanagement teams\u003c/strong\u003e\u0026nbsp;and\u0026nbsp;\u003cstrong\u003ekey executives\u003c/strong\u003e\u0026nbsp;in connection with the implementation and restructuring of sponsor-level equity and carried interest plans with up to ~300 members\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":1148,"guid":"1148.smart_tags","index":0,"source":"smartTags"},{"id":75,"guid":"75.capabilities","index":1,"source":"capabilities"},{"id":78,"guid":"78.capabilities","index":2,"source":"capabilities"},{"id":33,"guid":"33.capabilities","index":3,"source":"capabilities"},{"id":36,"guid":"36.capabilities","index":4,"source":"capabilities"},{"id":699,"guid":"699.smart_tags","index":5,"source":"smartTags"},{"id":107,"guid":"107.capabilities","index":6,"source":"capabilities"}],"is_active":true,"last_name":"Axelrod","nick_name":"Conrad","clerkships":[],"first_name":"Conrad","title_rank":9999,"updated_by":202,"law_schools":[{"id":3012,"meta":{"degree":"LL.M.","honors":"","is_law_school":"1","graduation_date":"2006-01-01 00:00:00"},"order":2,"pin_order":null,"pin_expiration":null}],"middle_name":"C.","name_suffix":"","recognitions":[{"title":"Index Ranking: Recommended","detail":"Lexology Index: Private Funds Formation 2026 Report"},{"title":"Private Funds - Formation (Recommended)","detail":"Who's Who Legal (USA), 2024"}],"linked_in_url":null,"seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eConrad Axelrod represents sophisticated asset managers and investors across the private funds spectrum. He counsels clients on the intersection of corporate, tax, regulatory, ERISA and finance matters that define the investment management industry.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eConrad has over 15\u0026nbsp;years' experience in US and European fund formation at market-leading law firms. His asset management experience encompasses closed-end and open-end fund formation in diverse sectors including private equity, real estate, infrastructure, energy and venture capital. Conrad routinely advises on regulatory compliance and other governance aspects of co-investments, separate accounts, insurance intermediation\u0026nbsp;and cross-border joint ventures. He also has significant experience negotiating and executing\u0026nbsp;strategic transactions involving investment advisers, seed investments, fund recapitalizations and secondary portfolios.\u003c/p\u003e","matters":["\u003cp\u003eRepresented top-10 global\u0026nbsp;\u003cstrong\u003elife insurance company\u0026nbsp;\u003c/strong\u003ein the formation of \u0026gt;$1bn investment vehicles with international insurers and pension funds to acquire and develop multifamily, industrial and life science real estate in the United States\u003c/p\u003e","\u003cp\u003eRepresented private-equity backed\u0026nbsp;\u003cstrong\u003einsurance distribution business\u003c/strong\u003e\u0026nbsp;in its acquisition of numerous SEC registered investment adviser (RIA) and broker-dealer (BD) portfolio companies, including compliance architecture and integration\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003einitial purchaser\u003c/strong\u003e\u0026nbsp;in $500m first-in-class securitization of\u0026nbsp;\u003cstrong\u003edigital infrastructure\u0026nbsp;\u003c/strong\u003easset management business, including underwriting collateral package of management fee, carried interest and sponsor equity co-investment positions\u003c/p\u003e","\u003cp\u003eRaised over $6b for a series of closed-end real estate credit funds sponsored by a top-10 global\u003cstrong\u003e\u0026nbsp;hedge fund manager\u0026nbsp;\u003c/strong\u003ebased in the United Kingdom\u003c/p\u003e","\u003cp\u003eFormation of first-time funds for\u0026nbsp;\u003cstrong\u003eCresta Investment Group\u003c/strong\u003e\u0026nbsp;(mineral royalties),\u0026nbsp;\u003cstrong\u003ePeregren Capital Group\u003c/strong\u003e\u0026nbsp;(real estate finance),\u0026nbsp;\u003cstrong\u003eHP Investors\u003c/strong\u003e\u0026nbsp;(commercial real estate), and\u0026nbsp;\u003cstrong\u003evarious family offices\u003c/strong\u003e\u0026nbsp;(venture capital, real estate)\u003c/p\u003e","\u003cp\u003eAdvised\u0026nbsp;\u003cstrong\u003eEnerTech Capital\u003c/strong\u003e\u0026nbsp;on the formation of its Global Strategic Mobility Fund and partnership with the California Mobility Center (CMC)\u003c/p\u003e","\u003cp\u003eAdvisory mandates for\u0026nbsp;\u003cstrong\u003eVida Capital\u003c/strong\u003e\u0026nbsp;in $400 million collateralized reinsurance transactions\u003c/p\u003e","\u003cp\u003eInvestment management advice to\u0026nbsp;\u003cstrong\u003eT\u0026amp;D Life Group\u003c/strong\u003e\u0026nbsp;in its (i) $1.8 billion acquisition, with The Carlyle Group, of Fortitude Re from AIG and (ii) $2.1 billion co-investment transaction with GIC and The Carlyle Group\u003c/p\u003e","\u003cp\u003eRepresented\u0026nbsp;\u003cstrong\u003einstitutional investors\u003c/strong\u003e\u0026nbsp;and\u0026nbsp;\u003cstrong\u003easset managers\u0026nbsp;\u003c/strong\u003eincluding pension funds, endowments and life insurance companies from\u0026nbsp;\u003cstrong\u003eJapan\u003c/strong\u003e,\u0026nbsp;\u003cstrong\u003eGerman\u003c/strong\u003e,\u0026nbsp;\u003cstrong\u003eTurkey\u003c/strong\u003e,\u0026nbsp;\u003cstrong\u003eBrazil\u003c/strong\u003e, the\u0026nbsp;\u003cstrong\u003eUnited Kingdom\u003c/strong\u003e\u0026nbsp;and the\u0026nbsp;\u003cstrong\u003eUnited States\u003c/strong\u003e\u0026nbsp;in connection with individual LP commitments and co-investments of up to ~$500m, including sustainable energy and carbon-neutral investment strategies\u003c/p\u003e","\u003cp\u003eAdvised\u0026nbsp;\u003cstrong\u003eCortland Partners, LLC\u003c/strong\u003e\u0026nbsp;on the formation of an investment vehicle for the $1.2 billion acquisition and subsequent refinancing of Pure Multi-Family REIT LP, a Canadian listed company\u003c/p\u003e","\u003cp\u003eRepresented various\u0026nbsp;\u003cstrong\u003esponsors\u003c/strong\u003e,\u0026nbsp;\u003cstrong\u003emanagement teams\u003c/strong\u003e\u0026nbsp;and\u0026nbsp;\u003cstrong\u003ekey executives\u003c/strong\u003e\u0026nbsp;in connection with the implementation and restructuring of sponsor-level equity and carried interest plans with up to ~300 members\u003c/p\u003e"],"recognitions":[{"title":"Index Ranking: Recommended","detail":"Lexology Index: Private Funds Formation 2026 Report"},{"title":"Private Funds - Formation (Recommended)","detail":"Who's Who Legal (USA), 2024"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":6959}]},"capability_group_id":1},"created_at":"2025-12-12T21:56:59.000Z","updated_at":"2025-12-12T21:56:59.000Z","searchable_text":"Axelrod{{ FIELD }}{:title=\u0026gt;\"Index Ranking: Recommended\", :detail=\u0026gt;\"Lexology Index: Private Funds Formation 2026 Report\"}{{ FIELD }}{:title=\u0026gt;\"Private Funds - Formation (Recommended)\", :detail=\u0026gt;\"Who's Who Legal (USA), 2024\"}{{ FIELD }}Represented top-10 global life insurance company in the formation of \u0026gt;$1bn investment vehicles with international insurers and pension funds to acquire and develop multifamily, industrial and life science real estate in the United States{{ FIELD }}Represented private-equity backed insurance distribution business in its acquisition of numerous SEC registered investment adviser (RIA) and broker-dealer (BD) portfolio companies, including compliance architecture and integration{{ FIELD }}Represented initial purchaser in $500m first-in-class securitization of digital infrastructure asset management business, including underwriting collateral package of management fee, carried interest and sponsor equity co-investment positions{{ FIELD }}Raised over $6b for a series of closed-end real estate credit funds sponsored by a top-10 global hedge fund manager based in the United Kingdom{{ FIELD }}Formation of first-time funds for Cresta Investment Group (mineral royalties), Peregren Capital Group (real estate finance), HP Investors (commercial real estate), and various family offices (venture capital, real estate){{ FIELD }}Advised EnerTech Capital on the formation of its Global Strategic Mobility Fund and partnership with the California Mobility Center (CMC){{ FIELD }}Advisory mandates for Vida Capital in $400 million collateralized reinsurance transactions{{ FIELD }}Investment management advice to T\u0026amp;D Life Group in its (i) $1.8 billion acquisition, with The Carlyle Group, of Fortitude Re from AIG and (ii) $2.1 billion co-investment transaction with GIC and The Carlyle Group{{ FIELD }}Represented institutional investors and asset managers including pension funds, endowments and life insurance companies from Japan, German, Turkey, Brazil, the United Kingdom and the United States in connection with individual LP commitments and co-investments of up to ~$500m, including sustainable energy and carbon-neutral investment strategies{{ FIELD }}Advised Cortland Partners, LLC on the formation of an investment vehicle for the $1.2 billion acquisition and subsequent refinancing of Pure Multi-Family REIT LP, a Canadian listed company{{ FIELD }}Represented various sponsors, management teams and key executives in connection with the implementation and restructuring of sponsor-level equity and carried interest plans with up to ~300 members{{ FIELD }}Conrad Axelrod represents sophisticated asset managers and investors across the private funds spectrum. He counsels clients on the intersection of corporate, tax, regulatory, ERISA and finance matters that define the investment management industry.\nConrad has over 15 years' experience in US and European fund formation at market-leading law firms. His asset management experience encompasses closed-end and open-end fund formation in diverse sectors including private equity, real estate, infrastructure, energy and venture capital. Conrad routinely advises on regulatory compliance and other governance aspects of co-investments, separate accounts, insurance intermediation and cross-border joint ventures. He also has significant experience negotiating and executing strategic transactions involving investment advisers, seed investments, fund recapitalizations and secondary portfolios. Partner Index Ranking: Recommended Lexology Index: Private Funds Formation 2026 Report Private Funds - Formation (Recommended) Who's Who Legal (USA), 2024 University of Tasmania  University of Tasmania  Humboldt University of Berlin Humboldt University of Berlin New York England and Wales New South Wales Represented top-10 global life insurance company in the formation of \u0026gt;$1bn investment vehicles with international insurers and pension funds to acquire and develop multifamily, industrial and life science real estate in the United States Represented private-equity backed insurance distribution business in its acquisition of numerous SEC registered investment adviser (RIA) and broker-dealer (BD) portfolio companies, including compliance architecture and integration Represented initial purchaser in $500m first-in-class securitization of digital infrastructure asset management business, including underwriting collateral package of management fee, carried interest and sponsor equity co-investment positions Raised over $6b for a series of closed-end real estate credit funds sponsored by a top-10 global hedge fund manager based in the United Kingdom Formation of first-time funds for Cresta Investment Group (mineral royalties), Peregren Capital Group (real estate finance), HP Investors (commercial real estate), and various family offices (venture capital, real estate) Advised EnerTech Capital on the formation of its Global Strategic Mobility Fund and partnership with the California Mobility Center (CMC) Advisory mandates for Vida Capital in $400 million collateralized reinsurance transactions Investment management advice to T\u0026amp;D Life Group in its (i) $1.8 billion acquisition, with The Carlyle Group, of Fortitude Re from AIG and (ii) $2.1 billion co-investment transaction with GIC and The Carlyle Group Represented institutional investors and asset managers including pension funds, endowments and life insurance companies from Japan, German, Turkey, Brazil, the United Kingdom and the United States in connection with individual LP commitments and co-investments of up to ~$500m, including sustainable energy and carbon-neutral investment strategies Advised Cortland Partners, LLC on the formation of an investment vehicle for the $1.2 billion acquisition and subsequent refinancing of Pure Multi-Family REIT LP, a Canadian listed company Represented various sponsors, management teams and key executives in connection with the implementation and restructuring of sponsor-level equity and carried interest plans with up to ~300 members","searchable_name":"Conrad C. Axelrod","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":202,"capability_group_featured":null,"home_page_featured":null},{"id":442365,"version":1,"owner_type":"Person","owner_id":123,"payload":{"bio":"\u003cp\u003eBruce Baber focuses his practice\u0026nbsp;in intellectual property, with an emphasis on litigation and other contested matters. A founding member and senior partner in our Intellectual Property, Patent and Trademark Litigation practice, Bruce works with a wide variety of clients in patent, copyright, trademark and trade dress infringement matters; false advertising disputes; significant IP transactions; and strategic global portfolio management issues.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eBruce represents global and national companies in patent infringement, copyright infringement and trademark infringement; dilution and counterfeiting matters; and false advertising disputes. He represents clients before the U.S. district courts and courts of appeals nationwide, the U.S. International Trade Commission, the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office, and the National Advertising Division of the Council of Better Business Bureaus.\u003c/p\u003e\n\u003cp\u003eBruce is experienced in advising companies on the protection of trademarks, copyrights and other forms of intellectual property; the prosecution of applications for registration of these properties; and the development and implementation of worldwide protection strategies and risk assessments relating to IP issues of all types, including potential false advertising claims. He has been involved in many high-profile litigation matters and numerous major licensing- and other intellectual property-related corporate transactions, joint venture agreements and marketing agreements.\u003c/p\u003e\n\u003cp\u003eFor many years, Bruce has been selected as a leading IP lawyer by\u0026nbsp;\u003cem\u003eChambers USA\u003c/em\u003e. He has also been listed in multiple editions of\u0026nbsp;\u003cem\u003eThe Best Lawyers in America\u003c/em\u003e,\u0026nbsp;\u003cem\u003eThe Legal 500\u003c/em\u003e,\u0026nbsp;\u003cem\u003eThe World Trademark Review WTR 1000 Guide to the World\u0026rsquo;s Leading Trademark Professionals\u003c/em\u003e,\u0026nbsp;\u003cem\u003eThe International Who\u0026rsquo;s Who of Trademark Lawyers\u003c/em\u003e, numerous\u0026nbsp;\u003cem\u003eSuper Lawyer\u003c/em\u003e\u0026nbsp;lists and other leading industry publications.\u003c/p\u003e\n\u003cp\u003eA frequent speaker on intellectual property issues, Bruce has also authored a number of articles on trademark matters.\u003c/p\u003e\n\u003cp\u003e\u0026nbsp;\u003c/p\u003e\n\u003ch5\u003e\u003cbr /\u003eAdmitted only in Georgia.\u003c/h5\u003e","slug":"bruce-baber","email":"bbaber@kslaw.com","phone":"+1-917-749-1247","matters":null,"taggings":{"tags":[],"meta_tags":[{"id":17}]},"expertise":[{"id":74,"guid":"74.capabilities","index":0,"source":"capabilities"},{"id":13,"guid":"13.capabilities","index":1,"source":"capabilities"},{"id":3,"guid":"3.capabilities","index":2,"source":"capabilities"},{"id":105,"guid":"105.capabilities","index":3,"source":"capabilities"},{"id":763,"guid":"763.smart_tags","index":4,"source":"smartTags"}],"is_active":true,"last_name":"Baber","nick_name":"Bruce","clerkships":[],"first_name":"Bruce","title_rank":9999,"updated_by":101,"law_schools":[],"middle_name":"W.","name_suffix":"","recognitions":null,"linked_in_url":"https://www.linkedin.com/in/brucebaber/","seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eBruce Baber focuses his practice\u0026nbsp;in intellectual property, with an emphasis on litigation and other contested matters. A founding member and senior partner in our Intellectual Property, Patent and Trademark Litigation practice, Bruce works with a wide variety of clients in patent, copyright, trademark and trade dress infringement matters; false advertising disputes; significant IP transactions; and strategic global portfolio management issues.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eBruce represents global and national companies in patent infringement, copyright infringement and trademark infringement; dilution and counterfeiting matters; and false advertising disputes. He represents clients before the U.S. district courts and courts of appeals nationwide, the U.S. International Trade Commission, the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office, and the National Advertising Division of the Council of Better Business Bureaus.\u003c/p\u003e\n\u003cp\u003eBruce is experienced in advising companies on the protection of trademarks, copyrights and other forms of intellectual property; the prosecution of applications for registration of these properties; and the development and implementation of worldwide protection strategies and risk assessments relating to IP issues of all types, including potential false advertising claims. He has been involved in many high-profile litigation matters and numerous major licensing- and other intellectual property-related corporate transactions, joint venture agreements and marketing agreements.\u003c/p\u003e\n\u003cp\u003eFor many years, Bruce has been selected as a leading IP lawyer by\u0026nbsp;\u003cem\u003eChambers USA\u003c/em\u003e. He has also been listed in multiple editions of\u0026nbsp;\u003cem\u003eThe Best Lawyers in America\u003c/em\u003e,\u0026nbsp;\u003cem\u003eThe Legal 500\u003c/em\u003e,\u0026nbsp;\u003cem\u003eThe World Trademark Review WTR 1000 Guide to the World\u0026rsquo;s Leading Trademark Professionals\u003c/em\u003e,\u0026nbsp;\u003cem\u003eThe International Who\u0026rsquo;s Who of Trademark Lawyers\u003c/em\u003e, numerous\u0026nbsp;\u003cem\u003eSuper Lawyer\u003c/em\u003e\u0026nbsp;lists and other leading industry publications.\u003c/p\u003e\n\u003cp\u003eA frequent speaker on intellectual property issues, Bruce has also authored a number of articles on trademark matters.\u003c/p\u003e\n\u003cp\u003e\u0026nbsp;\u003c/p\u003e\n\u003ch5\u003e\u003cbr /\u003eAdmitted only in Georgia.\u003c/h5\u003e"},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":9}]},"capability_group_id":3},"created_at":"2025-11-05T05:03:34.000Z","updated_at":"2025-11-05T05:03:34.000Z","searchable_text":"Baber{{ FIELD }}Bruce Baber focuses his practice in intellectual property, with an emphasis on litigation and other contested matters. A founding member and senior partner in our Intellectual Property, Patent and Trademark Litigation practice, Bruce works with a wide variety of clients in patent, copyright, trademark and trade dress infringement matters; false advertising disputes; significant IP transactions; and strategic global portfolio management issues.\nBruce represents global and national companies in patent infringement, copyright infringement and trademark infringement; dilution and counterfeiting matters; and false advertising disputes. He represents clients before the U.S. district courts and courts of appeals nationwide, the U.S. International Trade Commission, the Trademark Trial and Appeal Board of the U.S. Patent and Trademark Office, and the National Advertising Division of the Council of Better Business Bureaus.\nBruce is experienced in advising companies on the protection of trademarks, copyrights and other forms of intellectual property; the prosecution of applications for registration of these properties; and the development and implementation of worldwide protection strategies and risk assessments relating to IP issues of all types, including potential false advertising claims. He has been involved in many high-profile litigation matters and numerous major licensing- and other intellectual property-related corporate transactions, joint venture agreements and marketing agreements.\nFor many years, Bruce has been selected as a leading IP lawyer by Chambers USA. He has also been listed in multiple editions of The Best Lawyers in America, The Legal 500, The World Trademark Review WTR 1000 Guide to the World’s Leading Trademark Professionals, The International Who’s Who of Trademark Lawyers, numerous Super Lawyer lists and other leading industry publications.\nA frequent speaker on intellectual property issues, Bruce has also authored a number of articles on trademark matters.\n \nAdmitted only in Georgia. Bruce W Baber Partner Princeton University  Duke University Duke University School of Law Georgia American Bar Association State Bar of Georgia Atlanta Bar Association Best Lawyers In America.","searchable_name":"Bruce W. Baber","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":101,"capability_group_featured":null,"home_page_featured":null},{"id":427219,"version":1,"owner_type":"Person","owner_id":6490,"payload":{"bio":"\u003cp\u003eAdam Baker represents global financial institutions, healthcare and life sciences companies, and other public corporations in complex government and internal investigations and regulatory matters. He has extensive experience counseling clients facing investigations by the Department of Justice, Securities and Exchange Commission, State Attorneys General, Financial Industry Regulatory Authority, as well as other criminal and civil authorities. In particular, Adam has defended clients in matters implicating various federal laws and regulations, including insider trading, Foreign Corrupt Practices Act, Anti-Kickback Statute, healthcare fraud, and the Food, Drug \u0026amp; Cosmetic Act. [[--readmore--]]\u003c/p\u003e\n\u003cp\u003ePreviously, Adam served as a criminal Assistant United States Attorney in the Health Care Fraud/Opioid Abuse Prevention and Enforcement Unit in the District of New Jersey. In that role, he led a number of large-scale investigations and prosecutions of major pharmaceutical companies for healthcare fraud, diversion of controlled substances, and violations of the Federal Anti-Kickback Statute.\u0026nbsp; He also partnered with the DOJ\u0026rsquo;s Consumer Protection Branch on a significant investigation into potential violations by an opioid manufacturer and related individuals of the Food, Drug \u0026amp; Cosmetic Act.\u0026nbsp;\u0026nbsp;\u0026nbsp;\u003c/p\u003e\n\u003cp\u003ePrior to his government service, Adam was a Partner at another AmLaw 50 firm where he oversaw complex investigations and regulatory matters for financial institutions and its employees.\u0026nbsp;\u003c/p\u003e\n\u003cp\u003eAdam is active within the LGBTQ+ community. He helped found Boston Colleges\u0026rsquo; first gay-straight alliance and served on his prior firm\u0026rsquo;s Diversity \u0026amp; LGBTQ+ committees. He serves on Boston College Law School\u0026rsquo;s national alumni board and formerly served as a Corp member for Teach For America.\u0026nbsp;\u0026nbsp;\u003c/p\u003e","slug":"adam-baker","email":"abaker@kslaw.com","phone":null,"matters":["\u003cp\u003eConducted an internal investigation on behalf of the Special Committee of an international corporation concerning potential financial improprieties resulting in a restatement and violations of the Foreign Corrupt Practices Act, and represented the Special Committee in resulting parallel investigations by the DOJ and SEC.\u003c/p\u003e","\u003cp\u003eRepresented a multinational financial services institution in investigations by the SEC and FINRA related to potential insider trading by current and former employees involved in a nonpublic M\u0026amp;A deal.\u003c/p\u003e","\u003cp\u003eRepresented a multinational financial services institution in an internal investigation of potential violations of the Foreign Corrupt Practices Act and OFAC regulations by an employee who attempted to broker deals with the Iranian government.\u003c/p\u003e","\u003cp\u003eRepresented the former CEO of a publicly-traded company in insider trading investigations by the DOJ and SEC.\u003c/p\u003e","\u003cp\u003eRepresented a men\u0026rsquo;s college basketball coach in investigations by the DOJ and NCAA Enforcement regarding potential provision of payments and benefits to players.\u003c/p\u003e","\u003cp\u003eRepresented a key figure in the \u0026ldquo;Bridgegate\u0026rdquo; matter in parallel investigations by the New Jersey Legislative Select Committee and U.S. Attorney\u0026rsquo;s Office, District of New Jersey.\u003c/p\u003e","\u003cp\u003eRepresented a former Dewey \u0026amp; Leboeuf employee in the New York County District Attorney\u0026rsquo;s Office\u0026rsquo;s investigation of the downfall of the firm, successfully obtaining immunity for the client.\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":11,"guid":"11.capabilities","index":0,"source":"capabilities"},{"id":81,"guid":"81.capabilities","index":1,"source":"capabilities"},{"id":24,"guid":"24.capabilities","index":2,"source":"capabilities"},{"id":20,"guid":"20.capabilities","index":3,"source":"capabilities"},{"id":107,"guid":"107.capabilities","index":4,"source":"capabilities"},{"id":103,"guid":"103.capabilities","index":5,"source":"capabilities"},{"id":952,"guid":"952.smart_tags","index":6,"source":"smartTags"},{"id":780,"guid":"780.smart_tags","index":7,"source":"smartTags"},{"id":750,"guid":"750.smart_tags","index":8,"source":"smartTags"},{"id":1248,"guid":"1248.smart_tags","index":9,"source":"smartTags"},{"id":1434,"guid":"1434.smart_tags","index":10,"source":"smartTags"}],"is_active":true,"last_name":"Baker","nick_name":"Adam","clerkships":[],"first_name":"Adam","title_rank":9999,"updated_by":32,"law_schools":[{"id":245,"meta":{"degree":"J.D.","honors":"","is_law_school":"1","graduation_date":"2008-01-01 00:00:00"},"order":1,"pin_order":null,"pin_expiration":null}],"middle_name":" ","name_suffix":"","recognitions":null,"linked_in_url":"https://www.linkedin.com/in/adam-baker-4a471038/","seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eAdam Baker represents global financial institutions, healthcare and life sciences companies, and other public corporations in complex government and internal investigations and regulatory matters. He has extensive experience counseling clients facing investigations by the Department of Justice, Securities and Exchange Commission, State Attorneys General, Financial Industry Regulatory Authority, as well as other criminal and civil authorities. In particular, Adam has defended clients in matters implicating various federal laws and regulations, including insider trading, Foreign Corrupt Practices Act, Anti-Kickback Statute, healthcare fraud, and the Food, Drug \u0026amp; Cosmetic Act. [[--readmore--]]\u003c/p\u003e\n\u003cp\u003ePreviously, Adam served as a criminal Assistant United States Attorney in the Health Care Fraud/Opioid Abuse Prevention and Enforcement Unit in the District of New Jersey. In that role, he led a number of large-scale investigations and prosecutions of major pharmaceutical companies for healthcare fraud, diversion of controlled substances, and violations of the Federal Anti-Kickback Statute.\u0026nbsp; He also partnered with the DOJ\u0026rsquo;s Consumer Protection Branch on a significant investigation into potential violations by an opioid manufacturer and related individuals of the Food, Drug \u0026amp; Cosmetic Act.\u0026nbsp;\u0026nbsp;\u0026nbsp;\u003c/p\u003e\n\u003cp\u003ePrior to his government service, Adam was a Partner at another AmLaw 50 firm where he oversaw complex investigations and regulatory matters for financial institutions and its employees.\u0026nbsp;\u003c/p\u003e\n\u003cp\u003eAdam is active within the LGBTQ+ community. He helped found Boston Colleges\u0026rsquo; first gay-straight alliance and served on his prior firm\u0026rsquo;s Diversity \u0026amp; LGBTQ+ committees. He serves on Boston College Law School\u0026rsquo;s national alumni board and formerly served as a Corp member for Teach For America.\u0026nbsp;\u0026nbsp;\u003c/p\u003e","matters":["\u003cp\u003eConducted an internal investigation on behalf of the Special Committee of an international corporation concerning potential financial improprieties resulting in a restatement and violations of the Foreign Corrupt Practices Act, and represented the Special Committee in resulting parallel investigations by the DOJ and SEC.\u003c/p\u003e","\u003cp\u003eRepresented a multinational financial services institution in investigations by the SEC and FINRA related to potential insider trading by current and former employees involved in a nonpublic M\u0026amp;A deal.\u003c/p\u003e","\u003cp\u003eRepresented a multinational financial services institution in an internal investigation of potential violations of the Foreign Corrupt Practices Act and OFAC regulations by an employee who attempted to broker deals with the Iranian government.\u003c/p\u003e","\u003cp\u003eRepresented the former CEO of a publicly-traded company in insider trading investigations by the DOJ and SEC.\u003c/p\u003e","\u003cp\u003eRepresented a men\u0026rsquo;s college basketball coach in investigations by the DOJ and NCAA Enforcement regarding potential provision of payments and benefits to players.\u003c/p\u003e","\u003cp\u003eRepresented a key figure in the \u0026ldquo;Bridgegate\u0026rdquo; matter in parallel investigations by the New Jersey Legislative Select Committee and U.S. Attorney\u0026rsquo;s Office, District of New Jersey.\u003c/p\u003e","\u003cp\u003eRepresented a former Dewey \u0026amp; Leboeuf employee in the New York County District Attorney\u0026rsquo;s Office\u0026rsquo;s investigation of the downfall of the firm, successfully obtaining immunity for the client.\u003c/p\u003e"]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":10412}]},"capability_group_id":2},"created_at":"2025-05-26T04:59:19.000Z","updated_at":"2025-05-26T04:59:19.000Z","searchable_text":"Baker{{ FIELD }}Conducted an internal investigation on behalf of the Special Committee of an international corporation concerning potential financial improprieties resulting in a restatement and violations of the Foreign Corrupt Practices Act, and represented the Special Committee in resulting parallel investigations by the DOJ and SEC.{{ FIELD }}Represented a multinational financial services institution in investigations by the SEC and FINRA related to potential insider trading by current and former employees involved in a nonpublic M\u0026amp;A deal.{{ FIELD }}Represented a multinational financial services institution in an internal investigation of potential violations of the Foreign Corrupt Practices Act and OFAC regulations by an employee who attempted to broker deals with the Iranian government.{{ FIELD }}Represented the former CEO of a publicly-traded company in insider trading investigations by the DOJ and SEC.{{ FIELD }}Represented a men’s college basketball coach in investigations by the DOJ and NCAA Enforcement regarding potential provision of payments and benefits to players.{{ FIELD }}Represented a key figure in the “Bridgegate” matter in parallel investigations by the New Jersey Legislative Select Committee and U.S. Attorney’s Office, District of New Jersey.{{ FIELD }}Represented a former Dewey \u0026amp; Leboeuf employee in the New York County District Attorney’s Office’s investigation of the downfall of the firm, successfully obtaining immunity for the client.{{ FIELD }}Adam Baker represents global financial institutions, healthcare and life sciences companies, and other public corporations in complex government and internal investigations and regulatory matters. He has extensive experience counseling clients facing investigations by the Department of Justice, Securities and Exchange Commission, State Attorneys General, Financial Industry Regulatory Authority, as well as other criminal and civil authorities. In particular, Adam has defended clients in matters implicating various federal laws and regulations, including insider trading, Foreign Corrupt Practices Act, Anti-Kickback Statute, healthcare fraud, and the Food, Drug \u0026amp; Cosmetic Act. \nPreviously, Adam served as a criminal Assistant United States Attorney in the Health Care Fraud/Opioid Abuse Prevention and Enforcement Unit in the District of New Jersey. In that role, he led a number of large-scale investigations and prosecutions of major pharmaceutical companies for healthcare fraud, diversion of controlled substances, and violations of the Federal Anti-Kickback Statute.  He also partnered with the DOJ’s Consumer Protection Branch on a significant investigation into potential violations by an opioid manufacturer and related individuals of the Food, Drug \u0026amp; Cosmetic Act.   \nPrior to his government service, Adam was a Partner at another AmLaw 50 firm where he oversaw complex investigations and regulatory matters for financial institutions and its employees. \nAdam is active within the LGBTQ+ community. He helped found Boston Colleges’ first gay-straight alliance and served on his prior firm’s Diversity \u0026amp; LGBTQ+ committees. He serves on Boston College Law School’s national alumni board and formerly served as a Corp member for Teach For America.   Partner Boston College Boston College Law School Boston College Boston College Law School Fordham University Fordham University School of Law U.S. District Court for the Eastern District of New York U.S. District Court for the Southern District of New York New York Conducted an internal investigation on behalf of the Special Committee of an international corporation concerning potential financial improprieties resulting in a restatement and violations of the Foreign Corrupt Practices Act, and represented the Special Committee in resulting parallel investigations by the DOJ and SEC. Represented a multinational financial services institution in investigations by the SEC and FINRA related to potential insider trading by current and former employees involved in a nonpublic M\u0026amp;A deal. Represented a multinational financial services institution in an internal investigation of potential violations of the Foreign Corrupt Practices Act and OFAC regulations by an employee who attempted to broker deals with the Iranian government. Represented the former CEO of a publicly-traded company in insider trading investigations by the DOJ and SEC. Represented a men’s college basketball coach in investigations by the DOJ and NCAA Enforcement regarding potential provision of payments and benefits to players. Represented a key figure in the “Bridgegate” matter in parallel investigations by the New Jersey Legislative Select Committee and U.S. Attorney’s Office, District of New Jersey. Represented a former Dewey \u0026amp; Leboeuf employee in the New York County District Attorney’s Office’s investigation of the downfall of the firm, successfully obtaining immunity for the client.","searchable_name":"Adam Baker","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":32,"capability_group_featured":null,"home_page_featured":null},{"id":447593,"version":1,"owner_type":"Person","owner_id":3488,"payload":{"bio":"\u003cp\u003eJessica Beess und Chrostin is a partner in King \u0026amp; Spalding\u0026rsquo;s Trial and Global Disputes Group.\u0026nbsp; Jessica\u0026rsquo;s practice focuses on complex international dispute resolution, with particular expertise in high-stakes commercial, investor-state, construction, and global award enforcement disputes.\u0026nbsp; Jessica regularly represents clients in international disputes in the infrastructure, oil and gas, mining, construction, and renewable energy sectors, and has significant experience in consumer goods, real estate, and telecommunications disputes.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eJessica is a zealous advocate for her clients and strives tirelessly to ensure they receive the best legal representation. She understands that representing her clients\u0026rsquo; interests requires understanding their business and objectives, and tailoring the strategy to achieve the best possible outcome, whether inside or out of the hearing room. Jessica represents clients in arbitrations before all major arbitral forums, including the AAA, ICC, ICDR, ICSID, JAMS, LCIA, and SCC as well as ad hoc arbitrations, such as UNCITRAL. She is experienced in all phases of international arbitration and award enforcement, and handles disputes from inception to collection. Jessica also regularly represents clients global award recognition and enforcement efforts as coordinating counsel and in litigations before U.S. courts under the New York Convention and the Federal Arbitration Act.\u003c/p\u003e\n\u003cp\u003eJessica represents clients in jurisdictions across the world. Her matters include representing a wind farm owner in a construction arbitration dispute with a turbine supplier and operations \u0026amp; maintenance provider (concerning the latter\u0026rsquo;s failure to comply with O\u0026amp;M obligations and failure to remediate certain serial defects); representing a client in a multi-hundred million dollar commercial dispute with Oman over a project in the extractive industries (concerning certain licenses and failure to use best efforts to support the project); representing Chevron Corporation (U.S.A.) and Texaco Petroleum Company (U.S.A.) in an UNCITRAL arbitration under the U.S.-Ecuador Bilateral Investment Treaty (concerning the scope of environmental release agreements and due process violations by a court of Ecuador that issued a multi-billion dollar fraudulent judgment against Chevron); and representing a sovereign state in a global campaign to enforce an ICC arbitration award against another sovereign.\u003c/p\u003e\n\u003cp\u003eJessica is a frequent writer and speaker on topics relating to international arbitration and has been recognized by IFLR Americas as a Rising Star in Commercial Arbitration and by CPR as a Rising Star in Alternative Dispute Resolution. In 2023, she was awarded the prestigious Smit-Lowenfeld Prize, which recognizes annually an outstanding article published in the previous year on any aspect of international arbitration, for her article on \u0026ldquo;The Illegality Objection in Investor-State Arbitration\u0026rdquo; (co-authored with Caline Mouawad, published in\u0026nbsp;\u003cem\u003eArbitration International\u003c/em\u003e, Volume 37, Issue 1).\u003c/p\u003e\n\u003cp\u003eJessica is fluent in English and German, and proficient in French and Spanish. She received her J.D.\u0026nbsp;\u003cem\u003ecum laude\u003c/em\u003e\u0026nbsp;from Harvard Law School and her B.A.\u0026nbsp;\u003cem\u003ecum laude\u003c/em\u003e\u0026nbsp;from Columbia University. She has conducted legal studies at Cambridge University.\u003c/p\u003e","slug":"jessica-beess-und-chrostin","email":"jbeessundchrostin@kslaw.com","phone":null,"matters":["\u003cp\u003eRepresenting sovereign award creditor in global enforcement proceedings against another sovereign relating to a multibillion-dollar ICC award\u003c/p\u003e","\u003cp\u003eRepresenting numerous investors in disputes against Spain and Italy under the Energy Charter Treaty regarding changes to the regulatory regime applicable to certain renewable energy producers in the wind and solar sectors (renewable energy)\u003c/p\u003e","\u003cp\u003eRepresented Dutch investor in UNCITRAL arbitration against the Government of Vietnam under the Netherlands-Vietnam Bilateral Investment Treaty (real estate and human rights; obtained favorable award, including largest moral damages award in favor of an individual in investment arbitration)\u003c/p\u003e","\u003cp\u003eRepresented Bear Creek Mining Corporation in an ICSID Arbitration against the Republic of Peru under the Canada-Peru Free Trade Agreement (mining sector; obtained favorable award of damages)\u003c/p\u003e","\u003cp\u003eRepresenting Chevron Corporation (U.S.A.) and Texaco Petroleum Company (U.S.A.) in an UNCITRAL arbitration under the U.S.-Ecuador Bilateral Investment Treaty (concerning scope of environmental release agreements and due process violations by a court of Ecuador that had issued a multi-billion dollar judgment against Chevron; obtained favorable award declaring,\u003cem\u003e\u0026nbsp;inter alia\u003c/em\u003e, that the Ecuadorian judgment was the product of fraud)\u003c/p\u003e","\u003cp\u003eRepresented KBR, Inc. in a NAFTA arbitration against the United Mexican States (concerning Mexican court\u0026rsquo;s annulment of a commercial arbitral award and related US enforcement proceedings)\u003c/p\u003e","\u003cp\u003eRepresented Reficar in an ICC arbitration against Chicago Bridge \u0026amp; Iron (construction sector; obtained favorable multibillion-dollar award)\u003c/p\u003e","\u003cp\u003eRepresented Sergei Viktorovich Pugachev in an UNCITRAL arbitration against the Russian Federation (construction and real estate sectors)\u003c/p\u003e","\u003cp\u003eRepresented international producer of household goods in an UNCITRAL arbitration against Latin American country under bilateral investment treaty (consumer goods; obtained favorable award)\u003c/p\u003e","\u003cp\u003eRepresented major telecommunications company in\u0026nbsp;\u003cem\u003ead hoc\u003c/em\u003e\u0026nbsp;arbitration against another telecommunications company regarding fraudulently originated telephone traffic and resulting disputed charges under global hubbing agreement (telecommunications sector; obtained favorable award)\u003c/p\u003e","\u003cp\u003eRepresented Indian pharmaceuticals manufacturer in contract dispute against U.S. pharmaceutical company (pharmaceuticals sector; successfully settled claims)\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":74,"guid":"74.capabilities","index":0,"source":"capabilities"},{"id":14,"guid":"14.capabilities","index":1,"source":"capabilities"},{"id":103,"guid":"103.capabilities","index":2,"source":"capabilities"},{"id":4,"guid":"4.capabilities","index":3,"source":"capabilities"},{"id":35,"guid":"35.capabilities","index":4,"source":"capabilities"},{"id":40,"guid":"40.capabilities","index":5,"source":"capabilities"},{"id":1303,"guid":"1303.smart_tags","index":6,"source":"smartTags"}],"is_active":true,"last_name":"Beess und Chrostin","nick_name":"Jessica","clerkships":[],"first_name":"Jessica","title_rank":9999,"updated_by":202,"law_schools":[{"id":824,"meta":{"degree":"J.D.","honors":"cum laude","is_law_school":"1","graduation_date":"2013-01-01 00:00:00"},"order":1,"pin_order":null,"pin_expiration":null}],"middle_name":" ","name_suffix":"","recognitions":[{"title":"Ones to Watch - New York","detail":"Best Lawyers in America 2025"},{"title":"Future Leaders","detail":"Who's Who Legal (WWL): Arbitration 2024"},{"title":"Rising ADR Stars 2023","detail":"International Institute for Conflict Prevention \u0026 Resolution"},{"title":"Rising Star Awards Americas, Commercial Arbitration","detail":"IFLR, 2020 and 2021"},{"title":"Smit-Lowenfeld Prize for the Best Article in the Field of International Arbitration Published in 2021","detail":"The International Arbitration Club of New York"}],"linked_in_url":null,"seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eJessica Beess und Chrostin is a partner in King \u0026amp; Spalding\u0026rsquo;s Trial and Global Disputes Group.\u0026nbsp; Jessica\u0026rsquo;s practice focuses on complex international dispute resolution, with particular expertise in high-stakes commercial, investor-state, construction, and global award enforcement disputes.\u0026nbsp; Jessica regularly represents clients in international disputes in the infrastructure, oil and gas, mining, construction, and renewable energy sectors, and has significant experience in consumer goods, real estate, and telecommunications disputes.[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eJessica is a zealous advocate for her clients and strives tirelessly to ensure they receive the best legal representation. She understands that representing her clients\u0026rsquo; interests requires understanding their business and objectives, and tailoring the strategy to achieve the best possible outcome, whether inside or out of the hearing room. Jessica represents clients in arbitrations before all major arbitral forums, including the AAA, ICC, ICDR, ICSID, JAMS, LCIA, and SCC as well as ad hoc arbitrations, such as UNCITRAL. She is experienced in all phases of international arbitration and award enforcement, and handles disputes from inception to collection. Jessica also regularly represents clients global award recognition and enforcement efforts as coordinating counsel and in litigations before U.S. courts under the New York Convention and the Federal Arbitration Act.\u003c/p\u003e\n\u003cp\u003eJessica represents clients in jurisdictions across the world. Her matters include representing a wind farm owner in a construction arbitration dispute with a turbine supplier and operations \u0026amp; maintenance provider (concerning the latter\u0026rsquo;s failure to comply with O\u0026amp;M obligations and failure to remediate certain serial defects); representing a client in a multi-hundred million dollar commercial dispute with Oman over a project in the extractive industries (concerning certain licenses and failure to use best efforts to support the project); representing Chevron Corporation (U.S.A.) and Texaco Petroleum Company (U.S.A.) in an UNCITRAL arbitration under the U.S.-Ecuador Bilateral Investment Treaty (concerning the scope of environmental release agreements and due process violations by a court of Ecuador that issued a multi-billion dollar fraudulent judgment against Chevron); and representing a sovereign state in a global campaign to enforce an ICC arbitration award against another sovereign.\u003c/p\u003e\n\u003cp\u003eJessica is a frequent writer and speaker on topics relating to international arbitration and has been recognized by IFLR Americas as a Rising Star in Commercial Arbitration and by CPR as a Rising Star in Alternative Dispute Resolution. In 2023, she was awarded the prestigious Smit-Lowenfeld Prize, which recognizes annually an outstanding article published in the previous year on any aspect of international arbitration, for her article on \u0026ldquo;The Illegality Objection in Investor-State Arbitration\u0026rdquo; (co-authored with Caline Mouawad, published in\u0026nbsp;\u003cem\u003eArbitration International\u003c/em\u003e, Volume 37, Issue 1).\u003c/p\u003e\n\u003cp\u003eJessica is fluent in English and German, and proficient in French and Spanish. She received her J.D.\u0026nbsp;\u003cem\u003ecum laude\u003c/em\u003e\u0026nbsp;from Harvard Law School and her B.A.\u0026nbsp;\u003cem\u003ecum laude\u003c/em\u003e\u0026nbsp;from Columbia University. She has conducted legal studies at Cambridge University.\u003c/p\u003e","matters":["\u003cp\u003eRepresenting sovereign award creditor in global enforcement proceedings against another sovereign relating to a multibillion-dollar ICC award\u003c/p\u003e","\u003cp\u003eRepresenting numerous investors in disputes against Spain and Italy under the Energy Charter Treaty regarding changes to the regulatory regime applicable to certain renewable energy producers in the wind and solar sectors (renewable energy)\u003c/p\u003e","\u003cp\u003eRepresented Dutch investor in UNCITRAL arbitration against the Government of Vietnam under the Netherlands-Vietnam Bilateral Investment Treaty (real estate and human rights; obtained favorable award, including largest moral damages award in favor of an individual in investment arbitration)\u003c/p\u003e","\u003cp\u003eRepresented Bear Creek Mining Corporation in an ICSID Arbitration against the Republic of Peru under the Canada-Peru Free Trade Agreement (mining sector; obtained favorable award of damages)\u003c/p\u003e","\u003cp\u003eRepresenting Chevron Corporation (U.S.A.) and Texaco Petroleum Company (U.S.A.) in an UNCITRAL arbitration under the U.S.-Ecuador Bilateral Investment Treaty (concerning scope of environmental release agreements and due process violations by a court of Ecuador that had issued a multi-billion dollar judgment against Chevron; obtained favorable award declaring,\u003cem\u003e\u0026nbsp;inter alia\u003c/em\u003e, that the Ecuadorian judgment was the product of fraud)\u003c/p\u003e","\u003cp\u003eRepresented KBR, Inc. in a NAFTA arbitration against the United Mexican States (concerning Mexican court\u0026rsquo;s annulment of a commercial arbitral award and related US enforcement proceedings)\u003c/p\u003e","\u003cp\u003eRepresented Reficar in an ICC arbitration against Chicago Bridge \u0026amp; Iron (construction sector; obtained favorable multibillion-dollar award)\u003c/p\u003e","\u003cp\u003eRepresented Sergei Viktorovich Pugachev in an UNCITRAL arbitration against the Russian Federation (construction and real estate sectors)\u003c/p\u003e","\u003cp\u003eRepresented international producer of household goods in an UNCITRAL arbitration against Latin American country under bilateral investment treaty (consumer goods; obtained favorable award)\u003c/p\u003e","\u003cp\u003eRepresented major telecommunications company in\u0026nbsp;\u003cem\u003ead hoc\u003c/em\u003e\u0026nbsp;arbitration against another telecommunications company regarding fraudulently originated telephone traffic and resulting disputed charges under global hubbing agreement (telecommunications sector; obtained favorable award)\u003c/p\u003e","\u003cp\u003eRepresented Indian pharmaceuticals manufacturer in contract dispute against U.S. pharmaceutical company (pharmaceuticals sector; successfully settled claims)\u003c/p\u003e"],"recognitions":[{"title":"Ones to Watch - New York","detail":"Best Lawyers in America 2025"},{"title":"Future Leaders","detail":"Who's Who Legal (WWL): Arbitration 2024"},{"title":"Rising ADR Stars 2023","detail":"International Institute for Conflict Prevention \u0026 Resolution"},{"title":"Rising Star Awards Americas, Commercial Arbitration","detail":"IFLR, 2020 and 2021"},{"title":"Smit-Lowenfeld Prize for the Best Article in the Field of International Arbitration Published in 2021","detail":"The International Arbitration Club of New York"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":10178}]},"capability_group_id":3},"created_at":"2026-04-17T15:37:21.000Z","updated_at":"2026-04-17T15:37:21.000Z","searchable_text":"Beess und Chrostin{{ FIELD }}{:title=\u0026gt;\"Ones to Watch - New York\", :detail=\u0026gt;\"Best Lawyers in America 2025\"}{{ FIELD }}{:title=\u0026gt;\"Future Leaders\", :detail=\u0026gt;\"Who's Who Legal (WWL): Arbitration 2024\"}{{ FIELD }}{:title=\u0026gt;\"Rising ADR Stars 2023\", :detail=\u0026gt;\"International Institute for Conflict Prevention \u0026amp; Resolution\"}{{ FIELD }}{:title=\u0026gt;\"Rising Star Awards Americas, Commercial Arbitration\", :detail=\u0026gt;\"IFLR, 2020 and 2021\"}{{ FIELD }}{:title=\u0026gt;\"Smit-Lowenfeld Prize for the Best Article in the Field of International Arbitration Published in 2021\", :detail=\u0026gt;\"The International Arbitration Club of New York\"}{{ FIELD }}Representing sovereign award creditor in global enforcement proceedings against another sovereign relating to a multibillion-dollar ICC award{{ FIELD }}Representing numerous investors in disputes against Spain and Italy under the Energy Charter Treaty regarding changes to the regulatory regime applicable to certain renewable energy producers in the wind and solar sectors (renewable energy){{ FIELD }}Represented Dutch investor in UNCITRAL arbitration against the Government of Vietnam under the Netherlands-Vietnam Bilateral Investment Treaty (real estate and human rights; obtained favorable award, including largest moral damages award in favor of an individual in investment arbitration){{ FIELD }}Represented Bear Creek Mining Corporation in an ICSID Arbitration against the Republic of Peru under the Canada-Peru Free Trade Agreement (mining sector; obtained favorable award of damages){{ FIELD }}Representing Chevron Corporation (U.S.A.) and Texaco Petroleum Company (U.S.A.) in an UNCITRAL arbitration under the U.S.-Ecuador Bilateral Investment Treaty (concerning scope of environmental release agreements and due process violations by a court of Ecuador that had issued a multi-billion dollar judgment against Chevron; obtained favorable award declaring, inter alia, that the Ecuadorian judgment was the product of fraud){{ FIELD }}Represented KBR, Inc. in a NAFTA arbitration against the United Mexican States (concerning Mexican court’s annulment of a commercial arbitral award and related US enforcement proceedings){{ FIELD }}Represented Reficar in an ICC arbitration against Chicago Bridge \u0026amp; Iron (construction sector; obtained favorable multibillion-dollar award){{ FIELD }}Represented Sergei Viktorovich Pugachev in an UNCITRAL arbitration against the Russian Federation (construction and real estate sectors){{ FIELD }}Represented international producer of household goods in an UNCITRAL arbitration against Latin American country under bilateral investment treaty (consumer goods; obtained favorable award){{ FIELD }}Represented major telecommunications company in ad hoc arbitration against another telecommunications company regarding fraudulently originated telephone traffic and resulting disputed charges under global hubbing agreement (telecommunications sector; obtained favorable award){{ FIELD }}Represented Indian pharmaceuticals manufacturer in contract dispute against U.S. pharmaceutical company (pharmaceuticals sector; successfully settled claims){{ FIELD }}Jessica Beess und Chrostin is a partner in King \u0026amp; Spalding’s Trial and Global Disputes Group.  Jessica’s practice focuses on complex international dispute resolution, with particular expertise in high-stakes commercial, investor-state, construction, and global award enforcement disputes.  Jessica regularly represents clients in international disputes in the infrastructure, oil and gas, mining, construction, and renewable energy sectors, and has significant experience in consumer goods, real estate, and telecommunications disputes.\nJessica is a zealous advocate for her clients and strives tirelessly to ensure they receive the best legal representation. She understands that representing her clients’ interests requires understanding their business and objectives, and tailoring the strategy to achieve the best possible outcome, whether inside or out of the hearing room. Jessica represents clients in arbitrations before all major arbitral forums, including the AAA, ICC, ICDR, ICSID, JAMS, LCIA, and SCC as well as ad hoc arbitrations, such as UNCITRAL. She is experienced in all phases of international arbitration and award enforcement, and handles disputes from inception to collection. Jessica also regularly represents clients global award recognition and enforcement efforts as coordinating counsel and in litigations before U.S. courts under the New York Convention and the Federal Arbitration Act.\nJessica represents clients in jurisdictions across the world. Her matters include representing a wind farm owner in a construction arbitration dispute with a turbine supplier and operations \u0026amp; maintenance provider (concerning the latter’s failure to comply with O\u0026amp;M obligations and failure to remediate certain serial defects); representing a client in a multi-hundred million dollar commercial dispute with Oman over a project in the extractive industries (concerning certain licenses and failure to use best efforts to support the project); representing Chevron Corporation (U.S.A.) and Texaco Petroleum Company (U.S.A.) in an UNCITRAL arbitration under the U.S.-Ecuador Bilateral Investment Treaty (concerning the scope of environmental release agreements and due process violations by a court of Ecuador that issued a multi-billion dollar fraudulent judgment against Chevron); and representing a sovereign state in a global campaign to enforce an ICC arbitration award against another sovereign.\nJessica is a frequent writer and speaker on topics relating to international arbitration and has been recognized by IFLR Americas as a Rising Star in Commercial Arbitration and by CPR as a Rising Star in Alternative Dispute Resolution. In 2023, she was awarded the prestigious Smit-Lowenfeld Prize, which recognizes annually an outstanding article published in the previous year on any aspect of international arbitration, for her article on “The Illegality Objection in Investor-State Arbitration” (co-authored with Caline Mouawad, published in Arbitration International, Volume 37, Issue 1).\nJessica is fluent in English and German, and proficient in French and Spanish. She received her J.D. cum laude from Harvard Law School and her B.A. cum laude from Columbia University. She has conducted legal studies at Cambridge University. Partner Ones to Watch - New York Best Lawyers in America 2025 Future Leaders Who's Who Legal (WWL): Arbitration 2024 Rising ADR Stars 2023 International Institute for Conflict Prevention \u0026amp; Resolution Rising Star Awards Americas, Commercial Arbitration IFLR, 2020 and 2021 Smit-Lowenfeld Prize for the Best Article in the Field of International Arbitration Published in 2021 The International Arbitration Club of New York Columbia University Columbia University School of Law Harvard University Harvard Law School University of Cambridge, UK  New York City Bar of New York, International Law Committee Representing sovereign award creditor in global enforcement proceedings against another sovereign relating to a multibillion-dollar ICC award Representing numerous investors in disputes against Spain and Italy under the Energy Charter Treaty regarding changes to the regulatory regime applicable to certain renewable energy producers in the wind and solar sectors (renewable energy) Represented Dutch investor in UNCITRAL arbitration against the Government of Vietnam under the Netherlands-Vietnam Bilateral Investment Treaty (real estate and human rights; obtained favorable award, including largest moral damages award in favor of an individual in investment arbitration) Represented Bear Creek Mining Corporation in an ICSID Arbitration against the Republic of Peru under the Canada-Peru Free Trade Agreement (mining sector; obtained favorable award of damages) Representing Chevron Corporation (U.S.A.) and Texaco Petroleum Company (U.S.A.) in an UNCITRAL arbitration under the U.S.-Ecuador Bilateral Investment Treaty (concerning scope of environmental release agreements and due process violations by a court of Ecuador that had issued a multi-billion dollar judgment against Chevron; obtained favorable award declaring, inter alia, that the Ecuadorian judgment was the product of fraud) Represented KBR, Inc. in a NAFTA arbitration against the United Mexican States (concerning Mexican court’s annulment of a commercial arbitral award and related US enforcement proceedings) Represented Reficar in an ICC arbitration against Chicago Bridge \u0026amp; Iron (construction sector; obtained favorable multibillion-dollar award) Represented Sergei Viktorovich Pugachev in an UNCITRAL arbitration against the Russian Federation (construction and real estate sectors) Represented international producer of household goods in an UNCITRAL arbitration against Latin American country under bilateral investment treaty (consumer goods; obtained favorable award) Represented major telecommunications company in ad hoc arbitration against another telecommunications company regarding fraudulently originated telephone traffic and resulting disputed charges under global hubbing agreement (telecommunications sector; obtained favorable award) Represented Indian pharmaceuticals manufacturer in contract dispute against U.S. pharmaceutical company (pharmaceuticals sector; successfully settled claims)","searchable_name":"Jessica Beess und Chrostin","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":202,"capability_group_featured":null,"home_page_featured":null},{"id":427770,"version":1,"owner_type":"Person","owner_id":7090,"payload":{"bio":"\u003cp\u003eAllison Bell has experience with numerous capital markets transactions and corporate governance matters. Her capital markets practice focuses on the representation of domestic and foreign corporations and private equity firms, as issuers, or sponsors, in connection with initial and secondary public offerings and private placements of securities. [[--readmore--]]\u003c/p\u003e\n\u003cp\u003eAllison received her Bachelor of Arts from Boston College and received her J.D. from Brooklyn Law School. While at Brooklyn Law School, Allison acted as Executive Articles editor of the \u003cem\u003eBrooklyn Journal of Corporate, Financial and Commercial Law. \u003c/em\u003e\u003c/p\u003e","slug":"allison-bell","email":"abell@kslaw.com","phone":null,"matters":["\u003cp\u003eRepresented \u003cstrong\u003eMorgan Stanley \u0026amp; Co. LLC and Goldman Sachs \u0026amp; Co. LLC\u003c/strong\u003e (Co-lead Managers) in connection with a $662 million initial public offering of common stock of Kindercare Learning Companies, Inc.\u003c/p\u003e","\u003cp\u003eRepresented \u003cstrong\u003eCompass Inc.\u003c/strong\u003e in its acquisition of Christie\u0026rsquo;s International Real Estate\u0026rsquo;s @properties valued at \u0026nbsp;approximately $450 million with a combination of cash/common stock.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eRepresented \u003cstrong\u003eFocus Impact BH3 Acquisition Company\u003c/strong\u003e in connection with its $1.1 billion business combination transaction with XCF Global, Inc.\u0026nbsp;\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":75,"guid":"75.capabilities","index":0,"source":"capabilities"},{"id":26,"guid":"26.capabilities","index":1,"source":"capabilities"},{"id":27,"guid":"27.capabilities","index":2,"source":"capabilities"},{"id":10,"guid":"10.capabilities","index":3,"source":"capabilities"}],"is_active":true,"last_name":"Bell","nick_name":"Allison","clerkships":[],"first_name":"Allison","title_rank":9999,"updated_by":34,"law_schools":[{"id":2705,"meta":{"degree":"J.D.","honors":"","is_law_school":"1","graduation_date":"2015-01-01 00:00:00"},"order":1,"pin_order":null,"pin_expiration":null}],"middle_name":" ","name_suffix":"","recognitions":null,"linked_in_url":"https://www.linkedin.com/in/allison-bell-a8652956","seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eAllison Bell has experience with numerous capital markets transactions and corporate governance matters. Her capital markets practice focuses on the representation of domestic and foreign corporations and private equity firms, as issuers, or sponsors, in connection with initial and secondary public offerings and private placements of securities. [[--readmore--]]\u003c/p\u003e\n\u003cp\u003eAllison received her Bachelor of Arts from Boston College and received her J.D. from Brooklyn Law School. While at Brooklyn Law School, Allison acted as Executive Articles editor of the \u003cem\u003eBrooklyn Journal of Corporate, Financial and Commercial Law. \u003c/em\u003e\u003c/p\u003e","matters":["\u003cp\u003eRepresented \u003cstrong\u003eMorgan Stanley \u0026amp; Co. LLC and Goldman Sachs \u0026amp; Co. LLC\u003c/strong\u003e (Co-lead Managers) in connection with a $662 million initial public offering of common stock of Kindercare Learning Companies, Inc.\u003c/p\u003e","\u003cp\u003eRepresented \u003cstrong\u003eCompass Inc.\u003c/strong\u003e in its acquisition of Christie\u0026rsquo;s International Real Estate\u0026rsquo;s @properties valued at \u0026nbsp;approximately $450 million with a combination of cash/common stock.\u0026nbsp;\u003c/p\u003e","\u003cp\u003eRepresented \u003cstrong\u003eFocus Impact BH3 Acquisition Company\u003c/strong\u003e in connection with its $1.1 billion business combination transaction with XCF Global, Inc.\u0026nbsp;\u003c/p\u003e"]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":12793}]},"capability_group_id":1},"created_at":"2025-05-27T16:01:49.000Z","updated_at":"2025-05-27T16:01:49.000Z","searchable_text":"Bell{{ FIELD }}Represented Morgan Stanley \u0026amp; Co. LLC and Goldman Sachs \u0026amp; Co. LLC (Co-lead Managers) in connection with a $662 million initial public offering of common stock of Kindercare Learning Companies, Inc.{{ FIELD }}Represented Compass Inc. in its acquisition of Christie’s International Real Estate’s @properties valued at  approximately $450 million with a combination of cash/common stock. {{ FIELD }}Represented Focus Impact BH3 Acquisition Company in connection with its $1.1 billion business combination transaction with XCF Global, Inc. {{ FIELD }}Allison Bell has experience with numerous capital markets transactions and corporate governance matters. Her capital markets practice focuses on the representation of domestic and foreign corporations and private equity firms, as issuers, or sponsors, in connection with initial and secondary public offerings and private placements of securities. \nAllison received her Bachelor of Arts from Boston College and received her J.D. from Brooklyn Law School. While at Brooklyn Law School, Allison acted as Executive Articles editor of the Brooklyn Journal of Corporate, Financial and Commercial Law.  Partner Boston College Boston College Law School Brooklyn Law School Brooklyn Law School New York Represented Morgan Stanley \u0026amp; Co. LLC and Goldman Sachs \u0026amp; Co. LLC (Co-lead Managers) in connection with a $662 million initial public offering of common stock of Kindercare Learning Companies, Inc. Represented Compass Inc. in its acquisition of Christie’s International Real Estate’s @properties valued at  approximately $450 million with a combination of cash/common stock.  Represented Focus Impact BH3 Acquisition Company in connection with its $1.1 billion business combination transaction with XCF Global, Inc. ","searchable_name":"Allison Bell","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":34,"capability_group_featured":null,"home_page_featured":null},{"id":447427,"version":1,"owner_type":"Person","owner_id":5636,"payload":{"bio":"\u003cp\u003eKaty\u0026nbsp;Berger is a partner\u0026nbsp;in King \u0026amp; Spalding\u0026rsquo;s Finance \u0026amp; Restructuring practice. Katy represents financial institutions, funds, asset managers and institutional investors in structured warehouse facilities, safe harbored repurchase facilities,\u0026nbsp;subscription facilities, securitizations, private placements, receivables financing transactions, and other specialty finance transactions across a variety of asset classes.\u003c/p\u003e\n\u003cp\u003eKaty is a fellow of the American College of Investment Counsel.\u003c/p\u003e","slug":"katy-berger","email":"kberger@kslaw.com","phone":null,"matters":null,"taggings":{"tags":[],"meta_tags":[]},"expertise":[{"id":75,"guid":"75.capabilities","index":0,"source":"capabilities"},{"id":26,"guid":"26.capabilities","index":1,"source":"capabilities"},{"id":73,"guid":"73.capabilities","index":2,"source":"capabilities"},{"id":36,"guid":"36.capabilities","index":3,"source":"capabilities"},{"id":33,"guid":"33.capabilities","index":4,"source":"capabilities"},{"id":29,"guid":"29.capabilities","index":5,"source":"capabilities"},{"id":107,"guid":"107.capabilities","index":6,"source":"capabilities"},{"id":1252,"guid":"1252.smart_tags","index":7,"source":"smartTags"},{"id":1261,"guid":"1261.smart_tags","index":8,"source":"smartTags"},{"id":1434,"guid":"1434.smart_tags","index":9,"source":"smartTags"},{"id":134,"guid":"134.capabilities","index":10,"source":"capabilities"}],"is_active":true,"last_name":"Berger","nick_name":"Katy","clerkships":[],"first_name":"Katy","title_rank":9999,"updated_by":202,"law_schools":[{"id":722,"meta":{"degree":"J.D.","honors":"","is_law_school":"1","graduation_date":null},"order":1,"pin_order":null,"pin_expiration":null}],"middle_name":" ","name_suffix":"","recognitions":null,"linked_in_url":null,"seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eKaty\u0026nbsp;Berger is a partner\u0026nbsp;in King \u0026amp; Spalding\u0026rsquo;s Finance \u0026amp; Restructuring practice. Katy represents financial institutions, funds, asset managers and institutional investors in structured warehouse facilities, safe harbored repurchase facilities,\u0026nbsp;subscription facilities, securitizations, private placements, receivables financing transactions, and other specialty finance transactions across a variety of asset classes.\u003c/p\u003e\n\u003cp\u003eKaty is a fellow of the American College of Investment Counsel.\u003c/p\u003e"},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":7346}]},"capability_group_id":1},"created_at":"2026-04-08T21:13:17.000Z","updated_at":"2026-04-08T21:13:17.000Z","searchable_text":"Berger{{ FIELD }}Katy Berger is a partner in King \u0026amp; Spalding’s Finance \u0026amp; Restructuring practice. Katy represents financial institutions, funds, asset managers and institutional investors in structured warehouse facilities, safe harbored repurchase facilities, subscription facilities, securitizations, private placements, receivables financing transactions, and other specialty finance transactions across a variety of asset classes.\nKaty is a fellow of the American College of Investment Counsel. Partner Cornell University Cornell Law School Fordham University Fordham University School of Law New York American College of Investment Counsel (ACIC), Fellow","searchable_name":"Katy Berger","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":202,"capability_group_featured":null,"home_page_featured":null},{"id":445539,"version":1,"owner_type":"Person","owner_id":6785,"payload":{"bio":"\u003cp\u003eDana Berkowitz represents healthcare providers in\u0026nbsp;a variety of high-stakes matters,\u0026nbsp;including reimbursement disputes, regulatory proceedings,\u0026nbsp;and commercial litigation and arbitration.\u0026nbsp; She also provides strategic advice to healthcare and life sciences startups and handles bet-the-company litigation on their behalf. \u0026nbsp;Dana has deep expertise in ERISA and behavioral healthcare. \u0026nbsp;\u003cem\u003eChambers USA\u003c/em\u003e\u0026nbsp;describes her as \u0026ldquo;the full package\u0026rdquo; and \u0026ldquo;a gifted litigator and strategist\u0026rdquo; who is \u0026ldquo;knowledgeable and solutions-based.\u0026rdquo;\u0026nbsp; \u003cem\u003eLegal500\u003c/em\u003e\u0026nbsp;calls Dana \u0026ldquo;a superlative advocate and tactician.\u0026rdquo;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eDana has a\u0026nbsp;long track record of achieving favorable outcomes for healthcare providers in a wide variety of payor disputes.\u0026nbsp; Her practice focuses on managed care litigation and arbitration.\u0026nbsp; Dana also helps providers navigate audits, rate disputes, recoupment demands, and other high-risk aspects of their payor relationships. Dana leverages her ERISA expertise to help her clients take advantage of opportunities, such as by using the Parity Act to improve reimbursement for mental health services.\u0026nbsp; Dana also advises providers on best practices, often in anticipation of sale.\u003c/p\u003e\n\u003cp\u003eDana has achieved success in several bet-the-company litigations and appeals for providers and other business clients.\u0026nbsp; For example, in 2019, she secured a complete defense verdict for a behavioral healthcare provider in a $195 million false advertising case.\u0026nbsp; In 2020, she successfully defended another provider in a four-week administrative trial against the State of California.\u0026nbsp; And in 2022, Dana led a large theft of trade secrets case to a favorable resolution for her biotech startup client.\u0026nbsp; Dana has also briefed and argued\u0026nbsp;high-profile appeals in federal and state courts across the nation.\u003c/p\u003e\n\u003cp\u003eSince 2022,\u0026nbsp;\u003cem\u003eChambers USA\u003c/em\u003e\u0026nbsp;has recognized Dana as one of the top ERISA litigators in the nation.\u0026nbsp; \u003cem\u003eLegal500\u003c/em\u003e says that she is \u0026ldquo;unmatched in her ability to quickly ingest, organize, and master an enormous amount of factual information and synthesize it into a winning narrative.\u0026rdquo;\u0026nbsp; Dana has also been listed as a leading lawyer under 40 in \u003cem\u003eBenchmark Litigation\u003c/em\u003e and \u003cem\u003eNew York Law Journal\u003c/em\u003e.\u0026nbsp;\u003c/p\u003e","slug":"dana-berkowitz","email":"dberkowitz@kslaw.com","phone":null,"matters":["\u003cp\u003e\u003cstrong\u003e\u003cem\u003eParties Confidential.\u0026nbsp;\u003c/em\u003e\u003c/strong\u003eLead counsel to behavioral health company in rate dispute with major payor. Resolved after service of draft complaint for $30 million more than prior offer.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eHammell v. Pilot Products, Inc. Defined Benefit Pension Plan\u003c/em\u003e.\u003c/strong\u003e\u0026nbsp;Lead trial counsel for plaintiff in ERISA pension dispute. Won more than 90 percent of relief sought including over $1M in attorneys\u0026rsquo; fees.\u003c/p\u003e","\u003cp\u003eLead trial counsel to American biotech startup in nine-figure federal trade secrets litigation and international arbitration relating to next-generation COVID-19 vaccine. Matter resolved on favorable terms.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eGrasshopper House LLC v. Clean \u0026amp; Sober Media LLC.\u003c/em\u003e\u003c/strong\u003e\u003cem\u003e\u0026nbsp;\u003c/em\u003eFirst-chaired bench trial on equitable relief after adverse jury verdict in Lanham Act case against well-known treatment facility, where plaintiff sought $195M. Court found unclean hands and awarded $0 to plaintiff.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eParties Confidential.\u0026nbsp;\u003c/em\u003e\u003c/strong\u003eResolved dispute on behalf of hospital against independent physician organization on eve of trial for double amount of claimed loss.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eIn re Creative Care.\u0026nbsp;\u003c/em\u003e\u003c/strong\u003eFirst-chaired four-week administrative trial against California in license revocation action. Secured complete defense victory for substance abuse treatment facility client.\u003c/p\u003e","\u003cp\u003eLead trial counsel in franchise arbitration against international coffeehouse chain. Awarded full amount of claimed loss.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eBechard v. Brody.\u003c/em\u003e\u003c/strong\u003e\u0026nbsp;Successfully briefed and argued California appeal of order denying motion to compel arbitration in dispute involving Michael Avenatti and Republican fundraiser Elliott Brody.\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[{"id":3251}]},"expertise":[{"id":24,"guid":"24.capabilities","index":0,"source":"capabilities"},{"id":5,"guid":"5.capabilities","index":1,"source":"capabilities"},{"id":2,"guid":"2.capabilities","index":2,"source":"capabilities"},{"id":74,"guid":"74.capabilities","index":3,"source":"capabilities"},{"id":103,"guid":"103.capabilities","index":4,"source":"capabilities"},{"id":502,"guid":"502.smart_tags","index":5,"source":"smartTags"},{"id":740,"guid":"740.smart_tags","index":6,"source":"smartTags"}],"is_active":true,"last_name":"Berkowitz","nick_name":"Dana","clerkships":[],"first_name":"Dana","title_rank":9999,"updated_by":202,"law_schools":[{"id":824,"meta":{"degree":"J.D.","honors":"cum laude","is_law_school":"1","graduation_date":"2011-01-01 00:00:00"},"order":1,"pin_order":null,"pin_expiration":null}],"middle_name":" ","name_suffix":"","recognitions":[{"title":"\"She is a superlative advocate and tactician.\"","detail":"Legal 500, 2025"},{"title":"\"She's the full package: smart, good on her feet, dogged and fierce in all the right ways.\"","detail":"Chambers USA, 2025"},{"title":"Ranked in \"ERISA Litigation: Mainly Plaintiffs (Nationwide)\"","detail":"Chambers USA, 2022-25"},{"title":"Future Star","detail":"Benchmark Litigation, 2023"},{"title":"40 and Under Hot List","detail":"Benchmark Litigation, 2021-2022, 2024"},{"title":"Rising Star","detail":"New York Law Journal, 2018"}],"linked_in_url":null,"seodescription":"Dana is a lawyer at King \u0026 Spalding's New York Office. Read more about her.","primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003eDana Berkowitz represents healthcare providers in\u0026nbsp;a variety of high-stakes matters,\u0026nbsp;including reimbursement disputes, regulatory proceedings,\u0026nbsp;and commercial litigation and arbitration.\u0026nbsp; She also provides strategic advice to healthcare and life sciences startups and handles bet-the-company litigation on their behalf. \u0026nbsp;Dana has deep expertise in ERISA and behavioral healthcare. \u0026nbsp;\u003cem\u003eChambers USA\u003c/em\u003e\u0026nbsp;describes her as \u0026ldquo;the full package\u0026rdquo; and \u0026ldquo;a gifted litigator and strategist\u0026rdquo; who is \u0026ldquo;knowledgeable and solutions-based.\u0026rdquo;\u0026nbsp; \u003cem\u003eLegal500\u003c/em\u003e\u0026nbsp;calls Dana \u0026ldquo;a superlative advocate and tactician.\u0026rdquo;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003eDana has a\u0026nbsp;long track record of achieving favorable outcomes for healthcare providers in a wide variety of payor disputes.\u0026nbsp; Her practice focuses on managed care litigation and arbitration.\u0026nbsp; Dana also helps providers navigate audits, rate disputes, recoupment demands, and other high-risk aspects of their payor relationships. Dana leverages her ERISA expertise to help her clients take advantage of opportunities, such as by using the Parity Act to improve reimbursement for mental health services.\u0026nbsp; Dana also advises providers on best practices, often in anticipation of sale.\u003c/p\u003e\n\u003cp\u003eDana has achieved success in several bet-the-company litigations and appeals for providers and other business clients.\u0026nbsp; For example, in 2019, she secured a complete defense verdict for a behavioral healthcare provider in a $195 million false advertising case.\u0026nbsp; In 2020, she successfully defended another provider in a four-week administrative trial against the State of California.\u0026nbsp; And in 2022, Dana led a large theft of trade secrets case to a favorable resolution for her biotech startup client.\u0026nbsp; Dana has also briefed and argued\u0026nbsp;high-profile appeals in federal and state courts across the nation.\u003c/p\u003e\n\u003cp\u003eSince 2022,\u0026nbsp;\u003cem\u003eChambers USA\u003c/em\u003e\u0026nbsp;has recognized Dana as one of the top ERISA litigators in the nation.\u0026nbsp; \u003cem\u003eLegal500\u003c/em\u003e says that she is \u0026ldquo;unmatched in her ability to quickly ingest, organize, and master an enormous amount of factual information and synthesize it into a winning narrative.\u0026rdquo;\u0026nbsp; Dana has also been listed as a leading lawyer under 40 in \u003cem\u003eBenchmark Litigation\u003c/em\u003e and \u003cem\u003eNew York Law Journal\u003c/em\u003e.\u0026nbsp;\u003c/p\u003e","matters":["\u003cp\u003e\u003cstrong\u003e\u003cem\u003eParties Confidential.\u0026nbsp;\u003c/em\u003e\u003c/strong\u003eLead counsel to behavioral health company in rate dispute with major payor. Resolved after service of draft complaint for $30 million more than prior offer.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eHammell v. Pilot Products, Inc. Defined Benefit Pension Plan\u003c/em\u003e.\u003c/strong\u003e\u0026nbsp;Lead trial counsel for plaintiff in ERISA pension dispute. Won more than 90 percent of relief sought including over $1M in attorneys\u0026rsquo; fees.\u003c/p\u003e","\u003cp\u003eLead trial counsel to American biotech startup in nine-figure federal trade secrets litigation and international arbitration relating to next-generation COVID-19 vaccine. Matter resolved on favorable terms.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eGrasshopper House LLC v. Clean \u0026amp; Sober Media LLC.\u003c/em\u003e\u003c/strong\u003e\u003cem\u003e\u0026nbsp;\u003c/em\u003eFirst-chaired bench trial on equitable relief after adverse jury verdict in Lanham Act case against well-known treatment facility, where plaintiff sought $195M. Court found unclean hands and awarded $0 to plaintiff.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eParties Confidential.\u0026nbsp;\u003c/em\u003e\u003c/strong\u003eResolved dispute on behalf of hospital against independent physician organization on eve of trial for double amount of claimed loss.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eIn re Creative Care.\u0026nbsp;\u003c/em\u003e\u003c/strong\u003eFirst-chaired four-week administrative trial against California in license revocation action. Secured complete defense victory for substance abuse treatment facility client.\u003c/p\u003e","\u003cp\u003eLead trial counsel in franchise arbitration against international coffeehouse chain. Awarded full amount of claimed loss.\u003c/p\u003e","\u003cp\u003e\u003cstrong\u003e\u003cem\u003eBechard v. Brody.\u003c/em\u003e\u003c/strong\u003e\u0026nbsp;Successfully briefed and argued California appeal of order denying motion to compel arbitration in dispute involving Michael Avenatti and Republican fundraiser Elliott Brody.\u003c/p\u003e"],"recognitions":[{"title":"\"She is a superlative advocate and tactician.\"","detail":"Legal 500, 2025"},{"title":"\"She's the full package: smart, good on her feet, dogged and fierce in all the right ways.\"","detail":"Chambers USA, 2025"},{"title":"Ranked in \"ERISA Litigation: Mainly Plaintiffs (Nationwide)\"","detail":"Chambers USA, 2022-25"},{"title":"Future Star","detail":"Benchmark Litigation, 2023"},{"title":"40 and Under Hot List","detail":"Benchmark Litigation, 2021-2022, 2024"},{"title":"Rising Star","detail":"New York Law Journal, 2018"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":11963}]},"capability_group_id":2},"created_at":"2026-02-03T16:24:39.000Z","updated_at":"2026-02-03T16:24:39.000Z","searchable_text":"Berkowitz{{ FIELD }}{:title=\u0026gt;\"\\\"She is a superlative advocate and tactician.\\\"\", :detail=\u0026gt;\"Legal 500, 2025\"}{{ FIELD }}{:title=\u0026gt;\"\\\"She's the full package: smart, good on her feet, dogged and fierce in all the right ways.\\\"\", :detail=\u0026gt;\"Chambers USA, 2025\"}{{ FIELD }}{:title=\u0026gt;\"Ranked in \\\"ERISA Litigation: Mainly Plaintiffs (Nationwide)\\\"\", :detail=\u0026gt;\"Chambers USA, 2022-25\"}{{ FIELD }}{:title=\u0026gt;\"Future Star\", :detail=\u0026gt;\"Benchmark Litigation, 2023\"}{{ FIELD }}{:title=\u0026gt;\"40 and Under Hot List\", :detail=\u0026gt;\"Benchmark Litigation, 2021-2022, 2024\"}{{ FIELD }}{:title=\u0026gt;\"Rising Star\", :detail=\u0026gt;\"New York Law Journal, 2018\"}{{ FIELD }}Parties Confidential. Lead counsel to behavioral health company in rate dispute with major payor. Resolved after service of draft complaint for $30 million more than prior offer.{{ FIELD }}Hammell v. Pilot Products, Inc. Defined Benefit Pension Plan. Lead trial counsel for plaintiff in ERISA pension dispute. Won more than 90 percent of relief sought including over $1M in attorneys’ fees.{{ FIELD }}Lead trial counsel to American biotech startup in nine-figure federal trade secrets litigation and international arbitration relating to next-generation COVID-19 vaccine. Matter resolved on favorable terms.{{ FIELD }}Grasshopper House LLC v. Clean \u0026amp; Sober Media LLC. First-chaired bench trial on equitable relief after adverse jury verdict in Lanham Act case against well-known treatment facility, where plaintiff sought $195M. Court found unclean hands and awarded $0 to plaintiff.{{ FIELD }}Parties Confidential. Resolved dispute on behalf of hospital against independent physician organization on eve of trial for double amount of claimed loss.{{ FIELD }}In re Creative Care. First-chaired four-week administrative trial against California in license revocation action. Secured complete defense victory for substance abuse treatment facility client.{{ FIELD }}Lead trial counsel in franchise arbitration against international coffeehouse chain. Awarded full amount of claimed loss.{{ FIELD }}Bechard v. Brody. Successfully briefed and argued California appeal of order denying motion to compel arbitration in dispute involving Michael Avenatti and Republican fundraiser Elliott Brody.{{ FIELD }}Dana Berkowitz represents healthcare providers in a variety of high-stakes matters, including reimbursement disputes, regulatory proceedings, and commercial litigation and arbitration.  She also provides strategic advice to healthcare and life sciences startups and handles bet-the-company litigation on their behalf.  Dana has deep expertise in ERISA and behavioral healthcare.  Chambers USA describes her as “the full package” and “a gifted litigator and strategist” who is “knowledgeable and solutions-based.”  Legal500 calls Dana “a superlative advocate and tactician.”\nDana has a long track record of achieving favorable outcomes for healthcare providers in a wide variety of payor disputes.  Her practice focuses on managed care litigation and arbitration.  Dana also helps providers navigate audits, rate disputes, recoupment demands, and other high-risk aspects of their payor relationships. Dana leverages her ERISA expertise to help her clients take advantage of opportunities, such as by using the Parity Act to improve reimbursement for mental health services.  Dana also advises providers on best practices, often in anticipation of sale.\nDana has achieved success in several bet-the-company litigations and appeals for providers and other business clients.  For example, in 2019, she secured a complete defense verdict for a behavioral healthcare provider in a $195 million false advertising case.  In 2020, she successfully defended another provider in a four-week administrative trial against the State of California.  And in 2022, Dana led a large theft of trade secrets case to a favorable resolution for her biotech startup client.  Dana has also briefed and argued high-profile appeals in federal and state courts across the nation.\nSince 2022, Chambers USA has recognized Dana as one of the top ERISA litigators in the nation.  Legal500 says that she is “unmatched in her ability to quickly ingest, organize, and master an enormous amount of factual information and synthesize it into a winning narrative.”  Dana has also been listed as a leading lawyer under 40 in Benchmark Litigation and New York Law Journal.  Dana Berkowitz lawyer Partner \"She is a superlative advocate and tactician.\" Legal 500, 2025 \"She's the full package: smart, good on her feet, dogged and fierce in all the right ways.\" Chambers USA, 2025 Ranked in \"ERISA Litigation: Mainly Plaintiffs (Nationwide)\" Chambers USA, 2022-25 Future Star Benchmark Litigation, 2023 40 and Under Hot List Benchmark Litigation, 2021-2022, 2024 Rising Star New York Law Journal, 2018 Princeton University  Harvard University Harvard Law School U.S. Court of Appeals for the Federal Circuit Supreme Court of the United States U.S. Court of Appeals for the Fifth Circuit U.S. Court of Appeals for the Sixth Circuit U.S. Court of Appeals for the Ninth Circuit Central District of California California New York American Bar Association, Employee Benefits Committee Parties Confidential. Lead counsel to behavioral health company in rate dispute with major payor. Resolved after service of draft complaint for $30 million more than prior offer. Hammell v. Pilot Products, Inc. Defined Benefit Pension Plan. Lead trial counsel for plaintiff in ERISA pension dispute. Won more than 90 percent of relief sought including over $1M in attorneys’ fees. Lead trial counsel to American biotech startup in nine-figure federal trade secrets litigation and international arbitration relating to next-generation COVID-19 vaccine. Matter resolved on favorable terms. Grasshopper House LLC v. Clean \u0026amp; Sober Media LLC. First-chaired bench trial on equitable relief after adverse jury verdict in Lanham Act case against well-known treatment facility, where plaintiff sought $195M. Court found unclean hands and awarded $0 to plaintiff. Parties Confidential. Resolved dispute on behalf of hospital against independent physician organization on eve of trial for double amount of claimed loss. In re Creative Care. First-chaired four-week administrative trial against California in license revocation action. Secured complete defense victory for substance abuse treatment facility client. Lead trial counsel in franchise arbitration against international coffeehouse chain. Awarded full amount of claimed loss. Bechard v. Brody. Successfully briefed and argued California appeal of order denying motion to compel arbitration in dispute involving Michael Avenatti and Republican fundraiser Elliott Brody.","searchable_name":"Dana Berkowitz","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":202,"capability_group_featured":null,"home_page_featured":null},{"id":436688,"version":1,"owner_type":"Person","owner_id":3236,"payload":{"bio":"\u003cp\u003ePaul Bessette, who serves as co-chair of the Firm\u0026rsquo;s Corporate \u0026amp; Securities Litigation Practice, defends clients in securities and shareholder litigation, government investigations and enforcement actions, and complex business disputes throughout the United States.\u0026nbsp; For more than 30 years, Paul has represented companies, officers and directors, underwriters and accountants in securities fraud class actions, shareholder derivative litigation, regulatory investigations and bankruptcy D\u0026amp;O litigation. \u0026nbsp;He regularly works with board\u0026nbsp;committees leading internal investigations and advising companies on governance and fiduciary duty issues.\u0026nbsp;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003ePaul is ranked by\u0026nbsp;\u003cem\u003eChambers,\u003c/em\u003e\u0026nbsp;\u003cem\u003eBest Lawyers in America,\u003c/em\u003e\u0026nbsp;and\u0026nbsp;\u003cem\u003eLegal 500\u003c/em\u003e, among others, and has been recognized by\u0026nbsp;\u003cem\u003eSuper Lawyers\u003c/em\u003e\u0026nbsp;and\u0026nbsp;\u003cem\u003eLawdragon.\u0026nbsp;\u003c/em\u003e\u0026nbsp;He is rated AV\u0026reg; Preeminent\u0026trade; by Martindale-Hubbel.\u0026nbsp; Client and peer reviews in\u0026nbsp;\u003cem\u003eChambers\u003c/em\u003e\u0026nbsp;say Paul\u0026nbsp;\u003cem\u003e\u0026ldquo;has a fast growing reputation for the quality of his representation in a wide range of securities matters.\u0026nbsp; Market sources laud his ability to engage with company directors, saying that he \u0026lsquo;is a very strong boardroom guy with a good team around him\u003c/em\u003e.\u0026rdquo;\u0026rsquo; \u0026nbsp;\u003cem\u003e\u0026ldquo;Practicing in this area is an art, and he is very good at it.\u0026rdquo;\u003c/em\u003e\u003c/p\u003e\n\u003cp\u003ePaul frequently speaks and writes on shareholder litigation, corporate disclosure, corporate governance and related topics. He has authored numerous securities-related articles for publications including\u0026nbsp;\u003cem\u003eABA Business Law Today, Insights, Financial Executive, Law360, Financial fraud Law Report, The D\u0026amp;O Diary, Bloomberg Law Reports, National Underwriter\u003c/em\u003e\u0026nbsp;and\u0026nbsp;\u003cem\u003eThe Securities Reporter.\u003c/em\u003e\u003c/p\u003e","slug":"paul-bessette","email":"pbessette@kslaw.com","phone":"+1-512-940-6250","matters":["\u003cp\u003eSignificant Matters\u003c/p\u003e","\u003cp\u003e\u003cem\u003eDigital Turbine, Inc.:\u0026nbsp;\u003c/em\u003eWe represented the Company and its executives in a securities class action lawsuit arising out of a 2021 restatement of financial results following two acquisitions of companies in the digital advertising space. We secured a motion to dismiss victory in 2023, and then we won dismissal of the case with prejudice in 2024.\u003c/p\u003e","\u003cp\u003e\u003cem\u003eSolarWinds Corp\u003c/em\u003e.: We defended the Company and former executives in a securities class action lawsuit in the Western District of Texas alleging claims under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934. The lawsuit arose after SolarWinds\u0026rsquo; December 2020 announcement that it had been victimized in a cutting-edge cyberattack seeking to compromise systems of SolarWinds\u0026rsquo;s U.S. Government and Fortune 500 clients that use its Orion software. The novel attack has been described as \u0026ldquo;the largest and most sophisticated\u0026rdquo; cyberoperation ever executed. It is estimated that more than 1,000 highly skilled engineers working on behalf of the Russian Foreign Intelligence Service took part in the attack. On March 30, 2022, the Court entered an order granting dismissal of plaintiff's Section 10(b) claims against SolarWinds\u0026rsquo; former CEO, whom King \u0026amp; Spalding also represented, but allowing plaintiff's remaining claims to proceed to the discovery phase. The parties thereafter mediated the case and reached a settlement.\u003c/p\u003e","\u003cp\u003e\u003cem\u003ePhunware, Inc\u003c/em\u003e.: We represent the Company and its pre- and post-SPAC officer and director defendants in a shareholder suit alleging breaches of fiduciary duty, a Delaware corporate law statutory claim, statutory fraud under Texas law and Texas Securities Act claims. Originally filed in Texas, the suit was transferred to the Delaware Chancery Court after King \u0026amp; Spalding successfully moved to transfer the case. This case is an early example of litigation following the recent SPAC transaction boom. Plaintiffs are investors in the pre-SPAC target company that invested in various early rounds of financing while the Company was privately held. The lawsuit followed the de-SPAC merger; plaintiffs allege that Phunware should not have subjected their shares to a 180-day lock-up following the de-SPAC transaction. During the 180-day period following the de-SPAC transaction, Phunware\u0026rsquo;s stock price rose by hundreds of dollars per share but ultimately dropped significantly before the end of the lock-up period. Plaintiffs, who collectively owned more than 1 million Phunware shares, seek damages, including the lost value of their shares during the lock-up period, as well as costs and professional fees. Vice Chancellor Cook granted Phunware\u0026rsquo;s motion to dismiss on the Texas Securities Act and statutory fraud claims and denied plaintiffs\u0026rsquo; partial motion for summary judgment on the Delaware statutory claim.\u003c/p\u003e","\u003cp\u003e\u003cem\u003eShattuck Labs\u003c/em\u003e: We represented the Company, its CEO and founder, CFO, Executive Chairman of the Board and founder, and members of the Board in a securities class action in the Eastern District of New York. The Company is a clinical-stage biotechnology company developing a new class of biologic medicine. The initial drug product candidates are in immuno-oncology. Shattuck was conducting a Phase I dose escalation clinical trial to determine the safety of its drug in late-stage cancer patients. Based on a misreading of scientific results, Plaintiffs argued that Shattuck misled investors about the efficacy of the drug in that trial. After we filed a compelling motion to dismiss, Plaintiffs chose to settle the matter cheaply\u003c/p\u003e","\u003cp\u003e\u003cem\u003eIn re PolatityTE:\u003c/em\u003e\u0026nbsp;We represented the Company and its executives in a securities class action in the District of Utah. The lawsuit alleged that PolarityTE made false and misleading statements regarding the registration of its SkinTE product with the FDA, the Company's manufacturing facilities, and its new drug application for SkinTE. We won two motions to dismiss\u0026mdash;the second with prejudice. We worked with the client to understand PolarityTE\u0026rsquo;s business and the applicable FDA regulations to be able to draft compelling motions to dismiss.\u003c/p\u003e","\u003cp\u003e\u003cem\u003eEvolent Health, Inc\u003c/em\u003e.: We represented the Company and several of its current and former executives in a securities class action lawsuit filed in the Eastern District of Virginia that asserted securities fraud claims arising from the Company's acquisition of its largest customer, a Kentucky Medicaid organization called Passport Health Plan. The operative complaint alleged that more than 20 statements were false or misleading, but after our compelling motion to dismiss, the court dismissed more than three quarters of the plaintiffs' allegations. This shortened the Class Period and significantly reduced the Company's exposure. Plaintiffs then filed a third amended complaint, and the third motion to dismiss was granted in part. Discovery into the remaining claims moved forward on a compressed \u0026ldquo;rocket docket\u0026rdquo; timeline, along with the class certification portion of the case. The parties reached a favorable settlement after a second mediation session.\u003c/p\u003e","\u003cp\u003e\u003cem\u003eAdeptus Health, Inc.:\u0026nbsp;\u003c/em\u003eWe defended the former CEO in breach of fiduciary duty actions in the Eastern District of Texas and in Delaware Chancery Court, brought by the Litigation Trustee appointed during Adeptus\u0026rsquo;s bankruptcy. The Trustee alleges that the CEO and various directors benefited from synthetic offerings at the expense of the Company, and also that the CEO pursued a reckless growth strategy that harmed the long-term prospects of the Company. We aggressively litigated and settled the Trustee action. We also defended the CEO in a related federal securities class action and a Texas State Court opt-out case, both brought by shareholders of Adeptus alleging that former officers knowingly or recklessly made misleading and untrue statements to investors in Adeptus\u0026rsquo;s registration statement for its IPO and in several secondary public offerings, and in subsequent press releases and SEC filings regarding its free-standing emergency room operations, and failed to disclose material weaknesses in its internal accounting practices. We reached favorable settlements in both shareholder actions as well.\u003c/p\u003e","\u003cp\u003e\u003cem\u003eFXCM, Inc.\u003c/em\u003e: Obtained a hard-won dismissal for FXCM, Inc., its CEO, and its CFO in a securities class action following the Swiss National Bank\u0026rsquo;s unprecedented decision to allow the Swiss franc to trade freely against the euro. The Southern District of New York dismissed the case holding that FXCM\u0026rsquo;s losses were attributable to an unforeseeable market event, not to any fraud or recklessness by FXCM and its management. The Second Circuit remanded to allow the District Court to consider evidence from a regulatory investigation that concluded after the case was dismissed. The District Court once again dismissed the case and the Second Circuit affirmed the judgment. 767 Fed. App\u0026rsquo;x 139 (2nd Cir. 2019).\u003c/p\u003e","\u003cp\u003e\u003cem\u003eIn re Hanger, Inc.\u003c/em\u003e: Obtained dismissal of a case against Hanger and its CEO that involved a large, four-year restatement and an audit committee investigation that concluded that some members of management created \u0026ldquo;cookie jar\u0026rdquo; reserves to smooth earnings and set an inappropriate \u0026ldquo;tone at the top.\u0026rdquo; In a panel opinion in August 2018, the Fifth Circuit reversed and remanded for further proceedings. After filing for panel rehearing and rehearing\u0026nbsp;\u003cem\u003een banc,\u003c/em\u003e\u0026nbsp;the panel vacated its August 2018 opinion and replaced it with a decision that fully affirmed the district court\u0026rsquo;s dismissal with prejudice. The panel held that the plaintiffs\u0026rsquo; allegations constituted the impermissible group pleading of scienter and did not adequately address the individual defendants\u0026rsquo; state of mind. 768 Fed. App\u0026rsquo;x 175 (5th Cir. 2019).\u003c/p\u003e","\u003cp\u003e\u003cem\u003eNeiman v. Bulmahn, et al\u003c/em\u003e.: The Fifth Circuit affirmed an August 2015 district court dismissal of a putative class action filed by ATP shareholders under the Securities Exchange Act of 1934. The shareholders accused ATP\u0026rsquo;s former officers of committing securities fraud by misrepresenting various aspects of the company\u0026rsquo;s business prior to bankruptcy, including its production from a particular oil-and-gas well, its liquidity, and the resignation of its CEO. The Fifth Circuit held that the shareholders failed to satisfy the heightened standard for pleading scienter. 854 F.3d 741 (5th Cir. 2017).\u003c/p\u003e","\u003cp\u003e\u003cem\u003eIn re SemCrude L.P.:\u003c/em\u003e\u0026nbsp;Obtained a permanent injunction preventing investors in bankrupt oil-and-gas company from bringing derivative claims against former CEO in Oklahoma state court. A successful Third Circuit appeal won reversal of orders that had denied injunctive relief, with the court quoting the former CEO's brief in a published opinion on the distinction between derivative and direct claims. 796 F.3d 310 (3rd Cir. 2015).\u003c/p\u003e","\u003cp\u003e\u003cem\u003eMiyahira v. Vitacost.com, Inc.:\u003c/em\u003e\u0026nbsp;Obtained a full dismissal of plaintiff\u0026rsquo;s claims under the Securities Act of 1933 for misleading statements in Vitacost\u0026rsquo;s IPO prospectus. The Eleventh Circuit affirmed the dismissal, holding that the complaint did not state a claim for relief despite reliance on ten confidential witnesses and over 100 pages of allegations. This decision is significant given the nearly strict-liability nature of plaintiff\u0026rsquo;s Securities Act claims. 715 F.3d 1257 (11th Cir. 2013).\u003c/p\u003e","\u003cp\u003e\u003cem\u003eBell v. Ascendant Solutions, Inc.:\u003c/em\u003e\u0026nbsp;Defeated class certification in a securities fraud class action involving alleged fraud in connection with an IPO. In a widely followed opinion, the Fifth Circuit upheld the denial of class certification based on argument that the company\u0026rsquo;s stock did not trade in an efficient market during the class period. 422 F.3d 307 (5th Cir. 2005).\u003c/p\u003e","\u003cp\u003e\u003cem\u003eIn re Crossroads Systems, Inc. Securities Litigation:\u003c/em\u003e\u0026nbsp;Obtained summary judgment in a securities fraud class action where the plaintiffs alleged that the company improperly accounted for inventory reserves and sought more than $800 million in damages. The Fifth Circuit affirmed in\u0026nbsp;\u003cem\u003eGreenberg v. Crossroads Sys., Inc.\u003c/em\u003e, 364 F.3d 657 (5th Cir. 2004). This opinion is one of the key Fifth Circuit cases on what plaintiffs must show to demonstrate entitlement to the fraud-on-the-market presumption of reliance, a key element of a \u0026sect;10(b) securities-fraud claim.\u003c/p\u003e"],"taggings":{"tags":[],"meta_tags":[{"id":132}]},"expertise":[{"id":19,"guid":"19.capabilities","index":0,"source":"capabilities"},{"id":3,"guid":"3.capabilities","index":1,"source":"capabilities"},{"id":20,"guid":"20.capabilities","index":2,"source":"capabilities"},{"id":102,"guid":"102.capabilities","index":3,"source":"capabilities"},{"id":107,"guid":"107.capabilities","index":4,"source":"capabilities"},{"id":104,"guid":"104.capabilities","index":5,"source":"capabilities"},{"id":766,"guid":"766.smart_tags","index":6,"source":"smartTags"},{"id":74,"guid":"74.capabilities","index":7,"source":"capabilities"},{"id":126,"guid":"126.capabilities","index":8,"source":"capabilities"},{"id":1248,"guid":"1248.smart_tags","index":9,"source":"smartTags"}],"is_active":true,"last_name":"Bessette","nick_name":"Paul","clerkships":[],"first_name":"Paul","title_rank":9999,"updated_by":35,"law_schools":[],"middle_name":"R.","name_suffix":"","recognitions":[{"title":"Fellow, Litigation Counsel of America","detail":"Litigation Counsel of America, 2024"},{"title":"Recognized by Leading Lawyers of America","detail":"Leading Lawyers of America, 2024"},{"title":"\"Paul is great at handling complexity.\" \"Paul is really well-spoken advocate. He is very succinct.\"","detail":"Bank 1: Litigation: Securities, Chambers 2024"},{"title":"Recommended for Securities Litigation Defense","detail":"Legal 500 United States 2024 Guide"},{"title":"\"Knowledgeable and experienced in dealing with securities litigation; very practical and efficient.\"","detail":"Chambers USA 2023, Band 1"},{"title":"Recognized by Best Lawyer","detail":"The Best Lawyers in America - 2023"},{"title":"\"One of the best defense counsel in the industry–combines legal acumen, bus. awareness, communication \u0026 responsiveness.\"","detail":"Chambers USA, Litigation, 2022, Business Today 2023"},{"title":"\"He's very substantive and analytical as well as timely in providing information to clients. A strong securities player.\"","detail":"Chambers, 2021"},{"title":"Acts on behalf of corporations and their Ds\u0026Os in high-stakes securities litigation, including enforcement actions.","detail":"Chambers USA, 2020, Band 2"},{"title":"Paul Bessette maintains a specialty in securities litigation, which includes SEC enforcement actions and class actions.","detail":"Chambers, Litigation: Securities-Texas 2019, Band 2"},{"title":"\"An expert in the area and knows it extraordinarily well\" “Practicing in this area is an art, and he is very good at it\"","detail":"Chambers USA 2018, Band 2"},{"title":"Paul “has a fast growing reputation for the quality of his representation in a wide range of securities matters.”","detail":"Chambers USA, 2016"},{"title":"“Market sources laud his ability to engage with company directors”","detail":"Chambers USA, 2016"},{"title":"Paul “is a very strong boardroom guy with a good team around him.”","detail":"Chambers USA, 2016"},{"title":"“Strength in a full range of securities litigation matters.”","detail":"U.S. News \u0026 World Report, 2015"},{"title":"Recognized for Securities Litigation ","detail":"The Best Lawyers in America, 2011–2025"},{"title":"One of \"100 Lawyers You Need to Know in Securities Litigation\"","detail":"Lawdragon, 2008"},{"title":"One of \"3000 Leading Lawyers in America\"","detail":"Lawdragon.com, 2006, 2010–2011"},{"title":"Recognized by Texas Super Lawyers ","detail":"Super Lawyers magazine, 2007–2019"},{"title":"Recognized for Securities Litigation","detail":"Super Lawyers, Corporate Counsel Edition, 2009–2010"}],"linked_in_url":null,"seodescription":null,"primary_title_id":15,"translated_fields":{"en":{"bio":"\u003cp\u003ePaul Bessette, who serves as co-chair of the Firm\u0026rsquo;s Corporate \u0026amp; Securities Litigation Practice, defends clients in securities and shareholder litigation, government investigations and enforcement actions, and complex business disputes throughout the United States.\u0026nbsp; For more than 30 years, Paul has represented companies, officers and directors, underwriters and accountants in securities fraud class actions, shareholder derivative litigation, regulatory investigations and bankruptcy D\u0026amp;O litigation. \u0026nbsp;He regularly works with board\u0026nbsp;committees leading internal investigations and advising companies on governance and fiduciary duty issues.\u0026nbsp;[[--readmore--]]\u003c/p\u003e\n\u003cp\u003ePaul is ranked by\u0026nbsp;\u003cem\u003eChambers,\u003c/em\u003e\u0026nbsp;\u003cem\u003eBest Lawyers in America,\u003c/em\u003e\u0026nbsp;and\u0026nbsp;\u003cem\u003eLegal 500\u003c/em\u003e, among others, and has been recognized by\u0026nbsp;\u003cem\u003eSuper Lawyers\u003c/em\u003e\u0026nbsp;and\u0026nbsp;\u003cem\u003eLawdragon.\u0026nbsp;\u003c/em\u003e\u0026nbsp;He is rated AV\u0026reg; Preeminent\u0026trade; by Martindale-Hubbel.\u0026nbsp; Client and peer reviews in\u0026nbsp;\u003cem\u003eChambers\u003c/em\u003e\u0026nbsp;say Paul\u0026nbsp;\u003cem\u003e\u0026ldquo;has a fast growing reputation for the quality of his representation in a wide range of securities matters.\u0026nbsp; Market sources laud his ability to engage with company directors, saying that he \u0026lsquo;is a very strong boardroom guy with a good team around him\u003c/em\u003e.\u0026rdquo;\u0026rsquo; \u0026nbsp;\u003cem\u003e\u0026ldquo;Practicing in this area is an art, and he is very good at it.\u0026rdquo;\u003c/em\u003e\u003c/p\u003e\n\u003cp\u003ePaul frequently speaks and writes on shareholder litigation, corporate disclosure, corporate governance and related topics. He has authored numerous securities-related articles for publications including\u0026nbsp;\u003cem\u003eABA Business Law Today, Insights, Financial Executive, Law360, Financial fraud Law Report, The D\u0026amp;O Diary, Bloomberg Law Reports, National Underwriter\u003c/em\u003e\u0026nbsp;and\u0026nbsp;\u003cem\u003eThe Securities Reporter.\u003c/em\u003e\u003c/p\u003e","matters":["\u003cp\u003eSignificant Matters\u003c/p\u003e","\u003cp\u003e\u003cem\u003eDigital Turbine, Inc.:\u0026nbsp;\u003c/em\u003eWe represented the Company and its executives in a securities class action lawsuit arising out of a 2021 restatement of financial results following two acquisitions of companies in the digital advertising space. We secured a motion to dismiss victory in 2023, and then we won dismissal of the case with prejudice in 2024.\u003c/p\u003e","\u003cp\u003e\u003cem\u003eSolarWinds Corp\u003c/em\u003e.: We defended the Company and former executives in a securities class action lawsuit in the Western District of Texas alleging claims under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934. The lawsuit arose after SolarWinds\u0026rsquo; December 2020 announcement that it had been victimized in a cutting-edge cyberattack seeking to compromise systems of SolarWinds\u0026rsquo;s U.S. Government and Fortune 500 clients that use its Orion software. The novel attack has been described as \u0026ldquo;the largest and most sophisticated\u0026rdquo; cyberoperation ever executed. It is estimated that more than 1,000 highly skilled engineers working on behalf of the Russian Foreign Intelligence Service took part in the attack. On March 30, 2022, the Court entered an order granting dismissal of plaintiff's Section 10(b) claims against SolarWinds\u0026rsquo; former CEO, whom King \u0026amp; Spalding also represented, but allowing plaintiff's remaining claims to proceed to the discovery phase. The parties thereafter mediated the case and reached a settlement.\u003c/p\u003e","\u003cp\u003e\u003cem\u003ePhunware, Inc\u003c/em\u003e.: We represent the Company and its pre- and post-SPAC officer and director defendants in a shareholder suit alleging breaches of fiduciary duty, a Delaware corporate law statutory claim, statutory fraud under Texas law and Texas Securities Act claims. Originally filed in Texas, the suit was transferred to the Delaware Chancery Court after King \u0026amp; Spalding successfully moved to transfer the case. This case is an early example of litigation following the recent SPAC transaction boom. Plaintiffs are investors in the pre-SPAC target company that invested in various early rounds of financing while the Company was privately held. The lawsuit followed the de-SPAC merger; plaintiffs allege that Phunware should not have subjected their shares to a 180-day lock-up following the de-SPAC transaction. During the 180-day period following the de-SPAC transaction, Phunware\u0026rsquo;s stock price rose by hundreds of dollars per share but ultimately dropped significantly before the end of the lock-up period. Plaintiffs, who collectively owned more than 1 million Phunware shares, seek damages, including the lost value of their shares during the lock-up period, as well as costs and professional fees. Vice Chancellor Cook granted Phunware\u0026rsquo;s motion to dismiss on the Texas Securities Act and statutory fraud claims and denied plaintiffs\u0026rsquo; partial motion for summary judgment on the Delaware statutory claim.\u003c/p\u003e","\u003cp\u003e\u003cem\u003eShattuck Labs\u003c/em\u003e: We represented the Company, its CEO and founder, CFO, Executive Chairman of the Board and founder, and members of the Board in a securities class action in the Eastern District of New York. The Company is a clinical-stage biotechnology company developing a new class of biologic medicine. The initial drug product candidates are in immuno-oncology. Shattuck was conducting a Phase I dose escalation clinical trial to determine the safety of its drug in late-stage cancer patients. Based on a misreading of scientific results, Plaintiffs argued that Shattuck misled investors about the efficacy of the drug in that trial. After we filed a compelling motion to dismiss, Plaintiffs chose to settle the matter cheaply\u003c/p\u003e","\u003cp\u003e\u003cem\u003eIn re PolatityTE:\u003c/em\u003e\u0026nbsp;We represented the Company and its executives in a securities class action in the District of Utah. The lawsuit alleged that PolarityTE made false and misleading statements regarding the registration of its SkinTE product with the FDA, the Company's manufacturing facilities, and its new drug application for SkinTE. We won two motions to dismiss\u0026mdash;the second with prejudice. We worked with the client to understand PolarityTE\u0026rsquo;s business and the applicable FDA regulations to be able to draft compelling motions to dismiss.\u003c/p\u003e","\u003cp\u003e\u003cem\u003eEvolent Health, Inc\u003c/em\u003e.: We represented the Company and several of its current and former executives in a securities class action lawsuit filed in the Eastern District of Virginia that asserted securities fraud claims arising from the Company's acquisition of its largest customer, a Kentucky Medicaid organization called Passport Health Plan. The operative complaint alleged that more than 20 statements were false or misleading, but after our compelling motion to dismiss, the court dismissed more than three quarters of the plaintiffs' allegations. This shortened the Class Period and significantly reduced the Company's exposure. Plaintiffs then filed a third amended complaint, and the third motion to dismiss was granted in part. Discovery into the remaining claims moved forward on a compressed \u0026ldquo;rocket docket\u0026rdquo; timeline, along with the class certification portion of the case. The parties reached a favorable settlement after a second mediation session.\u003c/p\u003e","\u003cp\u003e\u003cem\u003eAdeptus Health, Inc.:\u0026nbsp;\u003c/em\u003eWe defended the former CEO in breach of fiduciary duty actions in the Eastern District of Texas and in Delaware Chancery Court, brought by the Litigation Trustee appointed during Adeptus\u0026rsquo;s bankruptcy. The Trustee alleges that the CEO and various directors benefited from synthetic offerings at the expense of the Company, and also that the CEO pursued a reckless growth strategy that harmed the long-term prospects of the Company. We aggressively litigated and settled the Trustee action. We also defended the CEO in a related federal securities class action and a Texas State Court opt-out case, both brought by shareholders of Adeptus alleging that former officers knowingly or recklessly made misleading and untrue statements to investors in Adeptus\u0026rsquo;s registration statement for its IPO and in several secondary public offerings, and in subsequent press releases and SEC filings regarding its free-standing emergency room operations, and failed to disclose material weaknesses in its internal accounting practices. We reached favorable settlements in both shareholder actions as well.\u003c/p\u003e","\u003cp\u003e\u003cem\u003eFXCM, Inc.\u003c/em\u003e: Obtained a hard-won dismissal for FXCM, Inc., its CEO, and its CFO in a securities class action following the Swiss National Bank\u0026rsquo;s unprecedented decision to allow the Swiss franc to trade freely against the euro. The Southern District of New York dismissed the case holding that FXCM\u0026rsquo;s losses were attributable to an unforeseeable market event, not to any fraud or recklessness by FXCM and its management. The Second Circuit remanded to allow the District Court to consider evidence from a regulatory investigation that concluded after the case was dismissed. The District Court once again dismissed the case and the Second Circuit affirmed the judgment. 767 Fed. App\u0026rsquo;x 139 (2nd Cir. 2019).\u003c/p\u003e","\u003cp\u003e\u003cem\u003eIn re Hanger, Inc.\u003c/em\u003e: Obtained dismissal of a case against Hanger and its CEO that involved a large, four-year restatement and an audit committee investigation that concluded that some members of management created \u0026ldquo;cookie jar\u0026rdquo; reserves to smooth earnings and set an inappropriate \u0026ldquo;tone at the top.\u0026rdquo; In a panel opinion in August 2018, the Fifth Circuit reversed and remanded for further proceedings. After filing for panel rehearing and rehearing\u0026nbsp;\u003cem\u003een banc,\u003c/em\u003e\u0026nbsp;the panel vacated its August 2018 opinion and replaced it with a decision that fully affirmed the district court\u0026rsquo;s dismissal with prejudice. The panel held that the plaintiffs\u0026rsquo; allegations constituted the impermissible group pleading of scienter and did not adequately address the individual defendants\u0026rsquo; state of mind. 768 Fed. App\u0026rsquo;x 175 (5th Cir. 2019).\u003c/p\u003e","\u003cp\u003e\u003cem\u003eNeiman v. Bulmahn, et al\u003c/em\u003e.: The Fifth Circuit affirmed an August 2015 district court dismissal of a putative class action filed by ATP shareholders under the Securities Exchange Act of 1934. The shareholders accused ATP\u0026rsquo;s former officers of committing securities fraud by misrepresenting various aspects of the company\u0026rsquo;s business prior to bankruptcy, including its production from a particular oil-and-gas well, its liquidity, and the resignation of its CEO. The Fifth Circuit held that the shareholders failed to satisfy the heightened standard for pleading scienter. 854 F.3d 741 (5th Cir. 2017).\u003c/p\u003e","\u003cp\u003e\u003cem\u003eIn re SemCrude L.P.:\u003c/em\u003e\u0026nbsp;Obtained a permanent injunction preventing investors in bankrupt oil-and-gas company from bringing derivative claims against former CEO in Oklahoma state court. A successful Third Circuit appeal won reversal of orders that had denied injunctive relief, with the court quoting the former CEO's brief in a published opinion on the distinction between derivative and direct claims. 796 F.3d 310 (3rd Cir. 2015).\u003c/p\u003e","\u003cp\u003e\u003cem\u003eMiyahira v. Vitacost.com, Inc.:\u003c/em\u003e\u0026nbsp;Obtained a full dismissal of plaintiff\u0026rsquo;s claims under the Securities Act of 1933 for misleading statements in Vitacost\u0026rsquo;s IPO prospectus. The Eleventh Circuit affirmed the dismissal, holding that the complaint did not state a claim for relief despite reliance on ten confidential witnesses and over 100 pages of allegations. This decision is significant given the nearly strict-liability nature of plaintiff\u0026rsquo;s Securities Act claims. 715 F.3d 1257 (11th Cir. 2013).\u003c/p\u003e","\u003cp\u003e\u003cem\u003eBell v. Ascendant Solutions, Inc.:\u003c/em\u003e\u0026nbsp;Defeated class certification in a securities fraud class action involving alleged fraud in connection with an IPO. In a widely followed opinion, the Fifth Circuit upheld the denial of class certification based on argument that the company\u0026rsquo;s stock did not trade in an efficient market during the class period. 422 F.3d 307 (5th Cir. 2005).\u003c/p\u003e","\u003cp\u003e\u003cem\u003eIn re Crossroads Systems, Inc. Securities Litigation:\u003c/em\u003e\u0026nbsp;Obtained summary judgment in a securities fraud class action where the plaintiffs alleged that the company improperly accounted for inventory reserves and sought more than $800 million in damages. The Fifth Circuit affirmed in\u0026nbsp;\u003cem\u003eGreenberg v. Crossroads Sys., Inc.\u003c/em\u003e, 364 F.3d 657 (5th Cir. 2004). This opinion is one of the key Fifth Circuit cases on what plaintiffs must show to demonstrate entitlement to the fraud-on-the-market presumption of reliance, a key element of a \u0026sect;10(b) securities-fraud claim.\u003c/p\u003e"],"recognitions":[{"title":"Fellow, Litigation Counsel of America","detail":"Litigation Counsel of America, 2024"},{"title":"Recognized by Leading Lawyers of America","detail":"Leading Lawyers of America, 2024"},{"title":"\"Paul is great at handling complexity.\" \"Paul is really well-spoken advocate. He is very succinct.\"","detail":"Bank 1: Litigation: Securities, Chambers 2024"},{"title":"Recommended for Securities Litigation Defense","detail":"Legal 500 United States 2024 Guide"},{"title":"\"Knowledgeable and experienced in dealing with securities litigation; very practical and efficient.\"","detail":"Chambers USA 2023, Band 1"},{"title":"Recognized by Best Lawyer","detail":"The Best Lawyers in America - 2023"},{"title":"\"One of the best defense counsel in the industry–combines legal acumen, bus. awareness, communication \u0026 responsiveness.\"","detail":"Chambers USA, Litigation, 2022, Business Today 2023"},{"title":"\"He's very substantive and analytical as well as timely in providing information to clients. A strong securities player.\"","detail":"Chambers, 2021"},{"title":"Acts on behalf of corporations and their Ds\u0026Os in high-stakes securities litigation, including enforcement actions.","detail":"Chambers USA, 2020, Band 2"},{"title":"Paul Bessette maintains a specialty in securities litigation, which includes SEC enforcement actions and class actions.","detail":"Chambers, Litigation: Securities-Texas 2019, Band 2"},{"title":"\"An expert in the area and knows it extraordinarily well\" “Practicing in this area is an art, and he is very good at it\"","detail":"Chambers USA 2018, Band 2"},{"title":"Paul “has a fast growing reputation for the quality of his representation in a wide range of securities matters.”","detail":"Chambers USA, 2016"},{"title":"“Market sources laud his ability to engage with company directors”","detail":"Chambers USA, 2016"},{"title":"Paul “is a very strong boardroom guy with a good team around him.”","detail":"Chambers USA, 2016"},{"title":"“Strength in a full range of securities litigation matters.”","detail":"U.S. News \u0026 World Report, 2015"},{"title":"Recognized for Securities Litigation ","detail":"The Best Lawyers in America, 2011–2025"},{"title":"One of \"100 Lawyers You Need to Know in Securities Litigation\"","detail":"Lawdragon, 2008"},{"title":"One of \"3000 Leading Lawyers in America\"","detail":"Lawdragon.com, 2006, 2010–2011"},{"title":"Recognized by Texas Super Lawyers ","detail":"Super Lawyers magazine, 2007–2019"},{"title":"Recognized for Securities Litigation","detail":"Super Lawyers, Corporate Counsel Edition, 2009–2010"}]},"locales":["en"]},"secondary_title_id":null,"upload_assignments":{"headshot":[{"id":4186}]},"capability_group_id":3},"created_at":"2025-09-04T21:52:53.000Z","updated_at":"2025-09-04T21:52:53.000Z","searchable_text":"Bessette{{ FIELD }}{:title=\u0026gt;\"Fellow, Litigation Counsel of America\", :detail=\u0026gt;\"Litigation Counsel of America, 2024\"}{{ FIELD }}{:title=\u0026gt;\"Recognized by Leading Lawyers of America\", :detail=\u0026gt;\"Leading Lawyers of America, 2024\"}{{ FIELD }}{:title=\u0026gt;\"\\\"Paul is great at handling complexity.\\\" \\\"Paul is really well-spoken advocate. He is very succinct.\\\"\", :detail=\u0026gt;\"Bank 1: Litigation: Securities, Chambers 2024\"}{{ FIELD }}{:title=\u0026gt;\"Recommended for Securities Litigation Defense\", :detail=\u0026gt;\"Legal 500 United States 2024 Guide\"}{{ FIELD }}{:title=\u0026gt;\"\\\"Knowledgeable and experienced in dealing with securities litigation; very practical and efficient.\\\"\", :detail=\u0026gt;\"Chambers USA 2023, Band 1\"}{{ FIELD }}{:title=\u0026gt;\"Recognized by Best Lawyer\", :detail=\u0026gt;\"The Best Lawyers in America - 2023\"}{{ FIELD }}{:title=\u0026gt;\"\\\"One of the best defense counsel in the industry–combines legal acumen, bus. awareness, communication \u0026amp; responsiveness.\\\"\", :detail=\u0026gt;\"Chambers USA, Litigation, 2022, Business Today 2023\"}{{ FIELD }}{:title=\u0026gt;\"\\\"He's very substantive and analytical as well as timely in providing information to clients. A strong securities player.\\\"\", :detail=\u0026gt;\"Chambers, 2021\"}{{ FIELD }}{:title=\u0026gt;\"Acts on behalf of corporations and their Ds\u0026amp;Os in high-stakes securities litigation, including enforcement actions.\", :detail=\u0026gt;\"Chambers USA, 2020, Band 2\"}{{ FIELD }}{:title=\u0026gt;\"Paul Bessette maintains a specialty in securities litigation, which includes SEC enforcement actions and class actions.\", :detail=\u0026gt;\"Chambers, Litigation: Securities-Texas 2019, Band 2\"}{{ FIELD }}{:title=\u0026gt;\"\\\"An expert in the area and knows it extraordinarily well\\\" “Practicing in this area is an art, and he is very good at it\\\"\", :detail=\u0026gt;\"Chambers USA 2018, Band 2\"}{{ FIELD }}{:title=\u0026gt;\"Paul “has a fast growing reputation for the quality of his representation in a wide range of securities matters.”\", :detail=\u0026gt;\"Chambers USA, 2016\"}{{ FIELD }}{:title=\u0026gt;\"“Market sources laud his ability to engage with company directors”\", :detail=\u0026gt;\"Chambers USA, 2016\"}{{ FIELD }}{:title=\u0026gt;\"Paul “is a very strong boardroom guy with a good team around him.”\", :detail=\u0026gt;\"Chambers USA, 2016\"}{{ FIELD }}{:title=\u0026gt;\"“Strength in a full range of securities litigation matters.”\", :detail=\u0026gt;\"U.S. News \u0026amp; World Report, 2015\"}{{ FIELD }}{:title=\u0026gt;\"Recognized for Securities Litigation \", :detail=\u0026gt;\"The Best Lawyers in America, 2011–2025\"}{{ FIELD }}{:title=\u0026gt;\"One of \\\"100 Lawyers You Need to Know in Securities Litigation\\\"\", :detail=\u0026gt;\"Lawdragon, 2008\"}{{ FIELD }}{:title=\u0026gt;\"One of \\\"3000 Leading Lawyers in America\\\"\", :detail=\u0026gt;\"Lawdragon.com, 2006, 2010–2011\"}{{ FIELD }}{:title=\u0026gt;\"Recognized by Texas Super Lawyers \", :detail=\u0026gt;\"Super Lawyers magazine, 2007–2019\"}{{ FIELD }}{:title=\u0026gt;\"Recognized for Securities Litigation\", :detail=\u0026gt;\"Super Lawyers, Corporate Counsel Edition, 2009–2010\"}{{ FIELD }}Significant Matters{{ FIELD }}Digital Turbine, Inc.: We represented the Company and its executives in a securities class action lawsuit arising out of a 2021 restatement of financial results following two acquisitions of companies in the digital advertising space. We secured a motion to dismiss victory in 2023, and then we won dismissal of the case with prejudice in 2024.{{ FIELD }}SolarWinds Corp.: We defended the Company and former executives in a securities class action lawsuit in the Western District of Texas alleging claims under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934. The lawsuit arose after SolarWinds’ December 2020 announcement that it had been victimized in a cutting-edge cyberattack seeking to compromise systems of SolarWinds’s U.S. Government and Fortune 500 clients that use its Orion software. The novel attack has been described as “the largest and most sophisticated” cyberoperation ever executed. It is estimated that more than 1,000 highly skilled engineers working on behalf of the Russian Foreign Intelligence Service took part in the attack. On March 30, 2022, the Court entered an order granting dismissal of plaintiff's Section 10(b) claims against SolarWinds’ former CEO, whom King \u0026amp; Spalding also represented, but allowing plaintiff's remaining claims to proceed to the discovery phase. The parties thereafter mediated the case and reached a settlement.{{ FIELD }}Phunware, Inc.: We represent the Company and its pre- and post-SPAC officer and director defendants in a shareholder suit alleging breaches of fiduciary duty, a Delaware corporate law statutory claim, statutory fraud under Texas law and Texas Securities Act claims. Originally filed in Texas, the suit was transferred to the Delaware Chancery Court after King \u0026amp; Spalding successfully moved to transfer the case. This case is an early example of litigation following the recent SPAC transaction boom. Plaintiffs are investors in the pre-SPAC target company that invested in various early rounds of financing while the Company was privately held. The lawsuit followed the de-SPAC merger; plaintiffs allege that Phunware should not have subjected their shares to a 180-day lock-up following the de-SPAC transaction. During the 180-day period following the de-SPAC transaction, Phunware’s stock price rose by hundreds of dollars per share but ultimately dropped significantly before the end of the lock-up period. Plaintiffs, who collectively owned more than 1 million Phunware shares, seek damages, including the lost value of their shares during the lock-up period, as well as costs and professional fees. Vice Chancellor Cook granted Phunware’s motion to dismiss on the Texas Securities Act and statutory fraud claims and denied plaintiffs’ partial motion for summary judgment on the Delaware statutory claim.{{ FIELD }}Shattuck Labs: We represented the Company, its CEO and founder, CFO, Executive Chairman of the Board and founder, and members of the Board in a securities class action in the Eastern District of New York. The Company is a clinical-stage biotechnology company developing a new class of biologic medicine. The initial drug product candidates are in immuno-oncology. Shattuck was conducting a Phase I dose escalation clinical trial to determine the safety of its drug in late-stage cancer patients. Based on a misreading of scientific results, Plaintiffs argued that Shattuck misled investors about the efficacy of the drug in that trial. After we filed a compelling motion to dismiss, Plaintiffs chose to settle the matter cheaply{{ FIELD }}In re PolatityTE: We represented the Company and its executives in a securities class action in the District of Utah. The lawsuit alleged that PolarityTE made false and misleading statements regarding the registration of its SkinTE product with the FDA, the Company's manufacturing facilities, and its new drug application for SkinTE. We won two motions to dismiss—the second with prejudice. We worked with the client to understand PolarityTE’s business and the applicable FDA regulations to be able to draft compelling motions to dismiss.{{ FIELD }}Evolent Health, Inc.: We represented the Company and several of its current and former executives in a securities class action lawsuit filed in the Eastern District of Virginia that asserted securities fraud claims arising from the Company's acquisition of its largest customer, a Kentucky Medicaid organization called Passport Health Plan. The operative complaint alleged that more than 20 statements were false or misleading, but after our compelling motion to dismiss, the court dismissed more than three quarters of the plaintiffs' allegations. This shortened the Class Period and significantly reduced the Company's exposure. Plaintiffs then filed a third amended complaint, and the third motion to dismiss was granted in part. Discovery into the remaining claims moved forward on a compressed “rocket docket” timeline, along with the class certification portion of the case. The parties reached a favorable settlement after a second mediation session.{{ FIELD }}Adeptus Health, Inc.: We defended the former CEO in breach of fiduciary duty actions in the Eastern District of Texas and in Delaware Chancery Court, brought by the Litigation Trustee appointed during Adeptus’s bankruptcy. The Trustee alleges that the CEO and various directors benefited from synthetic offerings at the expense of the Company, and also that the CEO pursued a reckless growth strategy that harmed the long-term prospects of the Company. We aggressively litigated and settled the Trustee action. We also defended the CEO in a related federal securities class action and a Texas State Court opt-out case, both brought by shareholders of Adeptus alleging that former officers knowingly or recklessly made misleading and untrue statements to investors in Adeptus’s registration statement for its IPO and in several secondary public offerings, and in subsequent press releases and SEC filings regarding its free-standing emergency room operations, and failed to disclose material weaknesses in its internal accounting practices. We reached favorable settlements in both shareholder actions as well.{{ FIELD }}FXCM, Inc.: Obtained a hard-won dismissal for FXCM, Inc., its CEO, and its CFO in a securities class action following the Swiss National Bank’s unprecedented decision to allow the Swiss franc to trade freely against the euro. The Southern District of New York dismissed the case holding that FXCM’s losses were attributable to an unforeseeable market event, not to any fraud or recklessness by FXCM and its management. The Second Circuit remanded to allow the District Court to consider evidence from a regulatory investigation that concluded after the case was dismissed. The District Court once again dismissed the case and the Second Circuit affirmed the judgment. 767 Fed. App’x 139 (2nd Cir. 2019).{{ FIELD }}In re Hanger, Inc.: Obtained dismissal of a case against Hanger and its CEO that involved a large, four-year restatement and an audit committee investigation that concluded that some members of management created “cookie jar” reserves to smooth earnings and set an inappropriate “tone at the top.” In a panel opinion in August 2018, the Fifth Circuit reversed and remanded for further proceedings. After filing for panel rehearing and rehearing en banc, the panel vacated its August 2018 opinion and replaced it with a decision that fully affirmed the district court’s dismissal with prejudice. The panel held that the plaintiffs’ allegations constituted the impermissible group pleading of scienter and did not adequately address the individual defendants’ state of mind. 768 Fed. App’x 175 (5th Cir. 2019).{{ FIELD }}Neiman v. Bulmahn, et al.: The Fifth Circuit affirmed an August 2015 district court dismissal of a putative class action filed by ATP shareholders under the Securities Exchange Act of 1934. The shareholders accused ATP’s former officers of committing securities fraud by misrepresenting various aspects of the company’s business prior to bankruptcy, including its production from a particular oil-and-gas well, its liquidity, and the resignation of its CEO. The Fifth Circuit held that the shareholders failed to satisfy the heightened standard for pleading scienter. 854 F.3d 741 (5th Cir. 2017).{{ FIELD }}In re SemCrude L.P.: Obtained a permanent injunction preventing investors in bankrupt oil-and-gas company from bringing derivative claims against former CEO in Oklahoma state court. A successful Third Circuit appeal won reversal of orders that had denied injunctive relief, with the court quoting the former CEO's brief in a published opinion on the distinction between derivative and direct claims. 796 F.3d 310 (3rd Cir. 2015).{{ FIELD }}Miyahira v. Vitacost.com, Inc.: Obtained a full dismissal of plaintiff’s claims under the Securities Act of 1933 for misleading statements in Vitacost’s IPO prospectus. The Eleventh Circuit affirmed the dismissal, holding that the complaint did not state a claim for relief despite reliance on ten confidential witnesses and over 100 pages of allegations. This decision is significant given the nearly strict-liability nature of plaintiff’s Securities Act claims. 715 F.3d 1257 (11th Cir. 2013).{{ FIELD }}Bell v. Ascendant Solutions, Inc.: Defeated class certification in a securities fraud class action involving alleged fraud in connection with an IPO. In a widely followed opinion, the Fifth Circuit upheld the denial of class certification based on argument that the company’s stock did not trade in an efficient market during the class period. 422 F.3d 307 (5th Cir. 2005).{{ FIELD }}In re Crossroads Systems, Inc. Securities Litigation: Obtained summary judgment in a securities fraud class action where the plaintiffs alleged that the company improperly accounted for inventory reserves and sought more than $800 million in damages. The Fifth Circuit affirmed in Greenberg v. Crossroads Sys., Inc., 364 F.3d 657 (5th Cir. 2004). This opinion is one of the key Fifth Circuit cases on what plaintiffs must show to demonstrate entitlement to the fraud-on-the-market presumption of reliance, a key element of a §10(b) securities-fraud claim.{{ FIELD }}Paul Bessette, who serves as co-chair of the Firm’s Corporate \u0026amp; Securities Litigation Practice, defends clients in securities and shareholder litigation, government investigations and enforcement actions, and complex business disputes throughout the United States.  For more than 30 years, Paul has represented companies, officers and directors, underwriters and accountants in securities fraud class actions, shareholder derivative litigation, regulatory investigations and bankruptcy D\u0026amp;O litigation.  He regularly works with board committees leading internal investigations and advising companies on governance and fiduciary duty issues. \nPaul is ranked by Chambers, Best Lawyers in America, and Legal 500, among others, and has been recognized by Super Lawyers and Lawdragon.  He is rated AV® Preeminent™ by Martindale-Hubbel.  Client and peer reviews in Chambers say Paul “has a fast growing reputation for the quality of his representation in a wide range of securities matters.  Market sources laud his ability to engage with company directors, saying that he ‘is a very strong boardroom guy with a good team around him.”’  “Practicing in this area is an art, and he is very good at it.”\nPaul frequently speaks and writes on shareholder litigation, corporate disclosure, corporate governance and related topics. He has authored numerous securities-related articles for publications including ABA Business Law Today, Insights, Financial Executive, Law360, Financial fraud Law Report, The D\u0026amp;O Diary, Bloomberg Law Reports, National Underwriter and The Securities Reporter. Paul R. Bessette Partner Fellow, Litigation Counsel of America Litigation Counsel of America, 2024 Recognized by Leading Lawyers of America Leading Lawyers of America, 2024 \"Paul is great at handling complexity.\" \"Paul is really well-spoken advocate. He is very succinct.\" Bank 1: Litigation: Securities, Chambers 2024 Recommended for Securities Litigation Defense Legal 500 United States 2024 Guide \"Knowledgeable and experienced in dealing with securities litigation; very practical and efficient.\" Chambers USA 2023, Band 1 Recognized by Best Lawyer The Best Lawyers in America - 2023 \"One of the best defense counsel in the industry–combines legal acumen, bus. awareness, communication \u0026amp; responsiveness.\" Chambers USA, Litigation, 2022, Business Today 2023 \"He's very substantive and analytical as well as timely in providing information to clients. A strong securities player.\" Chambers, 2021 Acts on behalf of corporations and their Ds\u0026amp;Os in high-stakes securities litigation, including enforcement actions. Chambers USA, 2020, Band 2 Paul Bessette maintains a specialty in securities litigation, which includes SEC enforcement actions and class actions. Chambers, Litigation: Securities-Texas 2019, Band 2 \"An expert in the area and knows it extraordinarily well\" “Practicing in this area is an art, and he is very good at it\" Chambers USA 2018, Band 2 Paul “has a fast growing reputation for the quality of his representation in a wide range of securities matters.” Chambers USA, 2016 “Market sources laud his ability to engage with company directors” Chambers USA, 2016 Paul “is a very strong boardroom guy with a good team around him.” Chambers USA, 2016 “Strength in a full range of securities litigation matters.” U.S. News \u0026amp; World Report, 2015 Recognized for Securities Litigation  The Best Lawyers in America, 2011–2025 One of \"100 Lawyers You Need to Know in Securities Litigation\" Lawdragon, 2008 One of \"3000 Leading Lawyers in America\" Lawdragon.com, 2006, 2010–2011 Recognized by Texas Super Lawyers  Super Lawyers magazine, 2007–2019 Recognized for Securities Litigation Super Lawyers, Corporate Counsel Edition, 2009–2010 The University of Texas at Austin The University of Texas School of Law Baylor University Baylor University School of Law Supreme Court of the United States U.S. Court of Appeals for the Second Circuit U.S. Court of Appeals for the Third Circuit U.S. Court of Appeals for the Fifth Circuit U.S. Court of Appeals for the Ninth Circuit U.S. Court of Appeals for the Eleventh Circuit U.S. District Court for the Eastern District of New York U.S. District Court for the Southern District of New York U.S. District Court for the Eastern District of Texas U.S. District Court for the Northern District of Texas U.S. District Court for the Southern District of Texas U.S. District Court for the Western District of Texas U.S. District Court for the Central District of California U.S. District Court for the Eastern District of California U.S. District Court for the Northern District of California U.S. District Court for the Southern District of California California New York Texas Significant Matters Digital Turbine, Inc.: We represented the Company and its executives in a securities class action lawsuit arising out of a 2021 restatement of financial results following two acquisitions of companies in the digital advertising space. We secured a motion to dismiss victory in 2023, and then we won dismissal of the case with prejudice in 2024. SolarWinds Corp.: We defended the Company and former executives in a securities class action lawsuit in the Western District of Texas alleging claims under Sections 10(b) and 20(a) of the Securities Exchange Act of 1934. The lawsuit arose after SolarWinds’ December 2020 announcement that it had been victimized in a cutting-edge cyberattack seeking to compromise systems of SolarWinds’s U.S. Government and Fortune 500 clients that use its Orion software. The novel attack has been described as “the largest and most sophisticated” cyberoperation ever executed. It is estimated that more than 1,000 highly skilled engineers working on behalf of the Russian Foreign Intelligence Service took part in the attack. On March 30, 2022, the Court entered an order granting dismissal of plaintiff's Section 10(b) claims against SolarWinds’ former CEO, whom King \u0026amp; Spalding also represented, but allowing plaintiff's remaining claims to proceed to the discovery phase. The parties thereafter mediated the case and reached a settlement. Phunware, Inc.: We represent the Company and its pre- and post-SPAC officer and director defendants in a shareholder suit alleging breaches of fiduciary duty, a Delaware corporate law statutory claim, statutory fraud under Texas law and Texas Securities Act claims. Originally filed in Texas, the suit was transferred to the Delaware Chancery Court after King \u0026amp; Spalding successfully moved to transfer the case. This case is an early example of litigation following the recent SPAC transaction boom. Plaintiffs are investors in the pre-SPAC target company that invested in various early rounds of financing while the Company was privately held. The lawsuit followed the de-SPAC merger; plaintiffs allege that Phunware should not have subjected their shares to a 180-day lock-up following the de-SPAC transaction. During the 180-day period following the de-SPAC transaction, Phunware’s stock price rose by hundreds of dollars per share but ultimately dropped significantly before the end of the lock-up period. Plaintiffs, who collectively owned more than 1 million Phunware shares, seek damages, including the lost value of their shares during the lock-up period, as well as costs and professional fees. Vice Chancellor Cook granted Phunware’s motion to dismiss on the Texas Securities Act and statutory fraud claims and denied plaintiffs’ partial motion for summary judgment on the Delaware statutory claim. Shattuck Labs: We represented the Company, its CEO and founder, CFO, Executive Chairman of the Board and founder, and members of the Board in a securities class action in the Eastern District of New York. The Company is a clinical-stage biotechnology company developing a new class of biologic medicine. The initial drug product candidates are in immuno-oncology. Shattuck was conducting a Phase I dose escalation clinical trial to determine the safety of its drug in late-stage cancer patients. Based on a misreading of scientific results, Plaintiffs argued that Shattuck misled investors about the efficacy of the drug in that trial. After we filed a compelling motion to dismiss, Plaintiffs chose to settle the matter cheaply In re PolatityTE: We represented the Company and its executives in a securities class action in the District of Utah. The lawsuit alleged that PolarityTE made false and misleading statements regarding the registration of its SkinTE product with the FDA, the Company's manufacturing facilities, and its new drug application for SkinTE. We won two motions to dismiss—the second with prejudice. We worked with the client to understand PolarityTE’s business and the applicable FDA regulations to be able to draft compelling motions to dismiss. Evolent Health, Inc.: We represented the Company and several of its current and former executives in a securities class action lawsuit filed in the Eastern District of Virginia that asserted securities fraud claims arising from the Company's acquisition of its largest customer, a Kentucky Medicaid organization called Passport Health Plan. The operative complaint alleged that more than 20 statements were false or misleading, but after our compelling motion to dismiss, the court dismissed more than three quarters of the plaintiffs' allegations. This shortened the Class Period and significantly reduced the Company's exposure. Plaintiffs then filed a third amended complaint, and the third motion to dismiss was granted in part. Discovery into the remaining claims moved forward on a compressed “rocket docket” timeline, along with the class certification portion of the case. The parties reached a favorable settlement after a second mediation session. Adeptus Health, Inc.: We defended the former CEO in breach of fiduciary duty actions in the Eastern District of Texas and in Delaware Chancery Court, brought by the Litigation Trustee appointed during Adeptus’s bankruptcy. The Trustee alleges that the CEO and various directors benefited from synthetic offerings at the expense of the Company, and also that the CEO pursued a reckless growth strategy that harmed the long-term prospects of the Company. We aggressively litigated and settled the Trustee action. We also defended the CEO in a related federal securities class action and a Texas State Court opt-out case, both brought by shareholders of Adeptus alleging that former officers knowingly or recklessly made misleading and untrue statements to investors in Adeptus’s registration statement for its IPO and in several secondary public offerings, and in subsequent press releases and SEC filings regarding its free-standing emergency room operations, and failed to disclose material weaknesses in its internal accounting practices. We reached favorable settlements in both shareholder actions as well. FXCM, Inc.: Obtained a hard-won dismissal for FXCM, Inc., its CEO, and its CFO in a securities class action following the Swiss National Bank’s unprecedented decision to allow the Swiss franc to trade freely against the euro. The Southern District of New York dismissed the case holding that FXCM’s losses were attributable to an unforeseeable market event, not to any fraud or recklessness by FXCM and its management. The Second Circuit remanded to allow the District Court to consider evidence from a regulatory investigation that concluded after the case was dismissed. The District Court once again dismissed the case and the Second Circuit affirmed the judgment. 767 Fed. App’x 139 (2nd Cir. 2019). In re Hanger, Inc.: Obtained dismissal of a case against Hanger and its CEO that involved a large, four-year restatement and an audit committee investigation that concluded that some members of management created “cookie jar” reserves to smooth earnings and set an inappropriate “tone at the top.” In a panel opinion in August 2018, the Fifth Circuit reversed and remanded for further proceedings. After filing for panel rehearing and rehearing en banc, the panel vacated its August 2018 opinion and replaced it with a decision that fully affirmed the district court’s dismissal with prejudice. The panel held that the plaintiffs’ allegations constituted the impermissible group pleading of scienter and did not adequately address the individual defendants’ state of mind. 768 Fed. App’x 175 (5th Cir. 2019). Neiman v. Bulmahn, et al.: The Fifth Circuit affirmed an August 2015 district court dismissal of a putative class action filed by ATP shareholders under the Securities Exchange Act of 1934. The shareholders accused ATP’s former officers of committing securities fraud by misrepresenting various aspects of the company’s business prior to bankruptcy, including its production from a particular oil-and-gas well, its liquidity, and the resignation of its CEO. The Fifth Circuit held that the shareholders failed to satisfy the heightened standard for pleading scienter. 854 F.3d 741 (5th Cir. 2017). In re SemCrude L.P.: Obtained a permanent injunction preventing investors in bankrupt oil-and-gas company from bringing derivative claims against former CEO in Oklahoma state court. A successful Third Circuit appeal won reversal of orders that had denied injunctive relief, with the court quoting the former CEO's brief in a published opinion on the distinction between derivative and direct claims. 796 F.3d 310 (3rd Cir. 2015). Miyahira v. Vitacost.com, Inc.: Obtained a full dismissal of plaintiff’s claims under the Securities Act of 1933 for misleading statements in Vitacost’s IPO prospectus. The Eleventh Circuit affirmed the dismissal, holding that the complaint did not state a claim for relief despite reliance on ten confidential witnesses and over 100 pages of allegations. This decision is significant given the nearly strict-liability nature of plaintiff’s Securities Act claims. 715 F.3d 1257 (11th Cir. 2013). Bell v. Ascendant Solutions, Inc.: Defeated class certification in a securities fraud class action involving alleged fraud in connection with an IPO. In a widely followed opinion, the Fifth Circuit upheld the denial of class certification based on argument that the company’s stock did not trade in an efficient market during the class period. 422 F.3d 307 (5th Cir. 2005). In re Crossroads Systems, Inc. Securities Litigation: Obtained summary judgment in a securities fraud class action where the plaintiffs alleged that the company improperly accounted for inventory reserves and sought more than $800 million in damages. The Fifth Circuit affirmed in Greenberg v. Crossroads Sys., Inc., 364 F.3d 657 (5th Cir. 2004). This opinion is one of the key Fifth Circuit cases on what plaintiffs must show to demonstrate entitlement to the fraud-on-the-market presumption of reliance, a key element of a §10(b) securities-fraud claim.","searchable_name":"Paul R. Bessette","is_active":true,"featured":null,"publish_date":null,"expiration_date":null,"blog_featured":null,"published_by":35,"capability_group_featured":null,"home_page_featured":null}]}}