Four Decades for Justice
Gary A. Bornstein is Co-Head of the Litigation Department. He handles a wide range of high‑stakes commercial disputes, with particular focus on antitrust, M&A and securities litigation. Mr. Bornstein also represents clients in investigations and frequently provides antitrust, fiduciary duty and other transaction-related advice.
Consistently recognized as “one of the best lawyers in this space,” and “simply stellar” (The Legal 500 US), Mr. Bornstein has handled some of the country’s most challenging and transformative M&A litigation, often involving novel and complex issues of law. Clients on such matters include Avon Products, Bacardi Limited, Blount International, Buckeye Partners, Cisco Systems, Deutsche Telekom, DreamWorks Animation, Johnson & Johnson, the special transaction committee of Viacom’s Board of Directors and WestRock.
Mr. Bornstein’s recent notable matters include winning a post‑trial victory, affirmed on appeal, for Reynolds American in the first judicial appraisal of a public company tried to decision outside of Delaware, and successfully representing affiliates of Bacardi Limited in resolving a multi‑jurisdictional dispute related to the value of D’Ussé, a cognac brand founded by rapper Shawn “Jay‑Z” Carter. He also secured a favorable settlement for members of the special transaction committee of Viacom's Board of Directors in consolidated putative class action litigation in the Delaware Court of Chancery concerning Viacom’s $30 billion merger with CBS Corporation.
Named a 2021 Competition MVP by Law360, Mr. Bornstein also has extensive experience in complex antitrust litigation. He recently represented Qualcomm in an array of industry‑defining global disputes concerning Qualcomm’s patent licensing and modem chipset businesses—including actions brought by the U.S. Federal Trade Commission (FTC), Apple, a class of consumers and international regulatory authorities. He secured a major Ninth Circuit victory for Qualcomm in the FTC litigation, which sought a permanent injunction against several of Qualcomm’s business practices. The widely covered, unanimous appellate decision confirmed the lawfulness of Qualcomm’s business model, and was featured as a “top appellate reversal” of the year by the Daily Journal. Mr. Bornstein was also a member of the team that secured a settlement for Qualcomm resolving all litigation between the company and Apple worldwide, including proceedings in Asia, Europe and the United States.
Mr. Bornstein also served as lead trial counsel for Epic Games, creator of the hugely popular game Fortnite, in two high‑profile antitrust actions against Google and Apple alleging anticompetitive behavior in the distribution of mobile apps and the handling of in‑app payments. After a multiweek trial in the case against Google, Mr. Bornstein obtained a unanimous jury verdict in favor of Epic on all counts. In connection with this victory, he was recognized as The Am Law Litigation Daily’s “Litigator of the Week.” Following a three-week bench trial in the Apple case, Mr. Bornstein secured a nationwide permanent injunction against Apple’s anti‑steering policies. He continues to represent Epic in connection with both matters.
Mr. Bornstein has been recognized by numerous professional publications, including The National Law Journal, which named him a “Litigation Trailblazer” in 2021. The Legal 500 US consistently names Mr. Bornstein a “Leading Lawyer” for M&A litigation and also has recommended him for his antitrust, appellate, financial services litigation, general commercial, M&A litigation, media and entertainment litigation, and securities litigation work. He and his colleagues have repeatedly earned the Firm distinction as “Law Firm of the Year” in M&A litigation in the Best Lawyers Best Law Firms surveys, and as a Law360 “Competition Practice Group of the Year.” Mr. Bornstein has been recognized by Benchmark Litigation every year since 2009 for his litigation work, including being named a “Top 100 Trial Lawyer in America,” a “National Star” in antitrust litigation and a “Litigation Star” in the New York area. He has also been selected as one of Lawdragon’s “500 Leading Lawyers in America,” “500 Leading Global Litigators” and “500 Leading Litigators in America,” and has been named to The Best Lawyers in America for antitrust, M&A and securities litigation.
Mr. Bornstein was born in Merrick, New York. He received a B.A. magna cum laude in architecture from Yale College in 1994, where he was elected to Phi Beta Kappa, and a J.D. magna cum laude from Harvard Law School in 1997, where he was a Notes Editor of the Law Review and a winner of the Ames Moot Court Competition. After graduation, Mr. Bornstein served as a law clerk to Hon. Amalya L. Kearse of the U.S. Court of Appeals for the Second Circuit.
Mr. Bornstein joined Cravath in 1998 and was elected a partner in 2004.
Mr. Bornstein is conversant in Spanish, French and Russian.
Consistently recognized as “one of the best lawyers in this space,” and “simply stellar” (The Legal 500 US), Mr. Bornstein has handled some of the country’s most challenging and transformative M&A litigation, often involving novel and complex issues of law. Clients on such matters include Avon Products, Bacardi Limited, Blount International, Buckeye Partners, Cisco Systems, Deutsche Telekom, DreamWorks Animation, Johnson & Johnson, the special transaction committee of Viacom’s Board of Directors and WestRock.
Mr. Bornstein’s recent notable matters include winning a post‑trial victory, affirmed on appeal, for Reynolds American in the first judicial appraisal of a public company tried to decision outside of Delaware, and successfully representing affiliates of Bacardi Limited in resolving a multi‑jurisdictional dispute related to the value of D’Ussé, a cognac brand founded by rapper Shawn “Jay‑Z” Carter. He also secured a favorable settlement for members of the special transaction committee of Viacom's Board of Directors in consolidated putative class action litigation in the Delaware Court of Chancery concerning Viacom’s $30 billion merger with CBS Corporation.
Named a 2021 Competition MVP by Law360, Mr. Bornstein also has extensive experience in complex antitrust litigation. He recently represented Qualcomm in an array of industry‑defining global disputes concerning Qualcomm’s patent licensing and modem chipset businesses—including actions brought by the U.S. Federal Trade Commission (FTC), Apple, a class of consumers and international regulatory authorities. He secured a major Ninth Circuit victory for Qualcomm in the FTC litigation, which sought a permanent injunction against several of Qualcomm’s business practices. The widely covered, unanimous appellate decision confirmed the lawfulness of Qualcomm’s business model, and was featured as a “top appellate reversal” of the year by the Daily Journal. Mr. Bornstein was also a member of the team that secured a settlement for Qualcomm resolving all litigation between the company and Apple worldwide, including proceedings in Asia, Europe and the United States.
Mr. Bornstein also served as lead trial counsel for Epic Games, creator of the hugely popular game Fortnite, in two high‑profile antitrust actions against Google and Apple alleging anticompetitive behavior in the distribution of mobile apps and the handling of in‑app payments. After a multiweek trial in the case against Google, Mr. Bornstein obtained a unanimous jury verdict in favor of Epic on all counts. In connection with this victory, he was recognized as The Am Law Litigation Daily’s “Litigator of the Week.” Following a three-week bench trial in the Apple case, Mr. Bornstein secured a nationwide permanent injunction against Apple’s anti‑steering policies. He continues to represent Epic in connection with both matters.
Mr. Bornstein has been recognized by numerous professional publications, including The National Law Journal, which named him a “Litigation Trailblazer” in 2021. The Legal 500 US consistently names Mr. Bornstein a “Leading Lawyer” for M&A litigation and also has recommended him for his antitrust, appellate, financial services litigation, general commercial, M&A litigation, media and entertainment litigation, and securities litigation work. He and his colleagues have repeatedly earned the Firm distinction as “Law Firm of the Year” in M&A litigation in the Best Lawyers Best Law Firms surveys, and as a Law360 “Competition Practice Group of the Year.” Mr. Bornstein has been recognized by Benchmark Litigation every year since 2009 for his litigation work, including being named a “Top 100 Trial Lawyer in America,” a “National Star” in antitrust litigation and a “Litigation Star” in the New York area. He has also been selected as one of Lawdragon’s “500 Leading Lawyers in America,” “500 Leading Global Litigators” and “500 Leading Litigators in America,” and has been named to The Best Lawyers in America for antitrust, M&A and securities litigation.
Mr. Bornstein was born in Merrick, New York. He received a B.A. magna cum laude in architecture from Yale College in 1994, where he was elected to Phi Beta Kappa, and a J.D. magna cum laude from Harvard Law School in 1997, where he was a Notes Editor of the Law Review and a winner of the Ames Moot Court Competition. After graduation, Mr. Bornstein served as a law clerk to Hon. Amalya L. Kearse of the U.S. Court of Appeals for the Second Circuit.
Mr. Bornstein joined Cravath in 1998 and was elected a partner in 2004.
Mr. Bornstein is conversant in Spanish, French and Russian.
International Bar Association
Urban Assembly School for Law & Justice
Best Lawyers in America
Benchmark Litigation
Law360
Lawdragon
The Legal 500 US
National Law Journal
New York Law Journal
Deals & Cases
December 19, 2023
On December 11, 2023, a jury unanimously ruled in favor of Cravath client Epic Games (“Epic”) on all counts in its closely watched antitrust case against Google in the U.S. District Court for the Northern District of California, determining—after a multiweek trial—that Google has engaged in anticompetitive behavior in the distribution of mobile apps and in the handling of in‑app payments.
Deals & Cases
September 29, 2023
On September 26, 2023, the U.S. District Court for the Northern District of California granted summary judgment in favor of Cravath client Qualcomm Incorporated in a putative class action alleging violations of antitrust laws. Originally brought in 2017 on behalf of an alleged nationwide class of mobile device purchaser plaintiffs, the multi-district litigation consolidated numerous complaints against Qualcomm and followed a related Federal Trade Commission action against the company (FTC v. Qualcomm), which also resulted in a complete judgment for Qualcomm on appeal in 2020.
Deals & Cases
September 12, 2023
On September 12, 2023, the Boards of WestRock and Smurfit Kappa announced the signing of a definitive transaction agreement to create Smurfit WestRock, a global leader in sustainable packaging. Together, Smurfit Kappa and WestRock generated combined last twelve months’ adjusted annual revenue of approximately $34 billion as of June 30, 2023. Cravath is representing WestRock in connection with the transaction.
Deals & Cases
October 03, 2022
On October 3, 2022, the Supreme Court of the State of Delaware issued an order affirming the Delaware Court of Chancery’s dismissal of claims brought against Cravath clients Buckeye Partners, L.P., Buckeye GP LLC, and Buckeye GP LLC’s board of directors (collectively, “Buckeye”) by a former unitholder, Walter E. Ryan, Jr.
Activities & Publications
April 16, 2024
Cravath partners Gary A. Bornstein and Noah Joshua Phillips and practice area attorney Benjamin J. Bauer participated in the American Bar Association’s 2024 Antitrust Law Section Spring Meeting, which was held from April 10‑12, 2024, in Washington, D.C., and convened international antitrust, consumer protection and data privacy professionals.
Accolades
December 19, 2023
On December 15, 2023, The Am Law Litigation Daily featured a Cravath team, led by partners Gary A. Bornstein, Lauren A. Moskowitz and Yonatan Even, as “Litigators of the Week” for its representation of client Epic Games in an antitrust trial win against Google in the U.S. District Court for the Northern District of California. Following a multi‑week trial, on December 11, 2023, a jury unanimously ruled in Epic Games’ favor on all counts, determining that Google has engaged in anticompetitive behavior in the distribution of mobile apps and in the handling of in‑app payments.
Accolades
October 12, 2023
The 2024 edition of Benchmark Litigation named Cravath partners Evan R. Chesler, Daniel Slifkin, David R. Marriott, Gary A. Bornstein and Kevin J. Orsini to its list of the “Top 100 Trial Lawyers in America.” This is the tenth consecutive year in which Evan has been recognized, the fourth year in which Daniel and Kevin have been recognized, the third year in which Gary has been named to the list, and the first year in which David has been recognized.
Activities & Publications
May 02, 2023
On May 1, 2023, Cravath partner Gary A. Bornstein participated in “Delaware Law Developments 2022: What All Business Lawyers Need to Know,” a program presented by the Practising Law Institute in New York. Gary spoke on a panel entitled “Recent Delaware Developments,” which reviewed the continued evolution of oversight litigation, SLCs and related independence considerations, as well as aiding and abetting litigation, including the continued targeting of law firms and bankers.
Activities & Publications
April 05, 2023
On April 4, 2023, Cravath partner Gary A. Bornstein participated in a program hosted by the University of Delaware’s John L. Weinberg Center for Corporate Governance as part of its 2023 Weinberg Distinguished Speaker Series. Following a conversation between three former Chief Justices of the Delaware Supreme Court, Gary’s panel examined recent developments and emerging issues in Delaware law.
Gary A. Bornstein is Co-Head of the Litigation Department. He handles a wide range of high‑stakes commercial disputes, with particular focus on antitrust, M&A and securities litigation. Mr. Bornstein also represents clients in investigations and frequently provides antitrust, fiduciary duty and other transaction-related advice.
Consistently recognized as “one of the best lawyers in this space,” and “simply stellar” (The Legal 500 US), Mr. Bornstein has handled some of the country’s most challenging and transformative M&A litigation, often involving novel and complex issues of law. Clients on such matters include Avon Products, Bacardi Limited, Blount International, Buckeye Partners, Cisco Systems, Deutsche Telekom, DreamWorks Animation, Johnson & Johnson, the special transaction committee of Viacom’s Board of Directors and WestRock.
Mr. Bornstein’s recent notable matters include winning a post‑trial victory, affirmed on appeal, for Reynolds American in the first judicial appraisal of a public company tried to decision outside of Delaware, and successfully representing affiliates of Bacardi Limited in resolving a multi‑jurisdictional dispute related to the value of D’Ussé, a cognac brand founded by rapper Shawn “Jay‑Z” Carter. He also secured a favorable settlement for members of the special transaction committee of Viacom's Board of Directors in consolidated putative class action litigation in the Delaware Court of Chancery concerning Viacom’s $30 billion merger with CBS Corporation.
Named a 2021 Competition MVP by Law360, Mr. Bornstein also has extensive experience in complex antitrust litigation. He recently represented Qualcomm in an array of industry‑defining global disputes concerning Qualcomm’s patent licensing and modem chipset businesses—including actions brought by the U.S. Federal Trade Commission (FTC), Apple, a class of consumers and international regulatory authorities. He secured a major Ninth Circuit victory for Qualcomm in the FTC litigation, which sought a permanent injunction against several of Qualcomm’s business practices. The widely covered, unanimous appellate decision confirmed the lawfulness of Qualcomm’s business model, and was featured as a “top appellate reversal” of the year by the Daily Journal. Mr. Bornstein was also a member of the team that secured a settlement for Qualcomm resolving all litigation between the company and Apple worldwide, including proceedings in Asia, Europe and the United States.
Mr. Bornstein also served as lead trial counsel for Epic Games, creator of the hugely popular game Fortnite, in two high‑profile antitrust actions against Google and Apple alleging anticompetitive behavior in the distribution of mobile apps and the handling of in‑app payments. After a multiweek trial in the case against Google, Mr. Bornstein obtained a unanimous jury verdict in favor of Epic on all counts. In connection with this victory, he was recognized as The Am Law Litigation Daily’s “Litigator of the Week.” Following a three-week bench trial in the Apple case, Mr. Bornstein secured a nationwide permanent injunction against Apple’s anti‑steering policies. He continues to represent Epic in connection with both matters.
Mr. Bornstein has been recognized by numerous professional publications, including The National Law Journal, which named him a “Litigation Trailblazer” in 2021. The Legal 500 US consistently names Mr. Bornstein a “Leading Lawyer” for M&A litigation and also has recommended him for his antitrust, appellate, financial services litigation, general commercial, M&A litigation, media and entertainment litigation, and securities litigation work. He and his colleagues have repeatedly earned the Firm distinction as “Law Firm of the Year” in M&A litigation in the Best Lawyers Best Law Firms surveys, and as a Law360 “Competition Practice Group of the Year.” Mr. Bornstein has been recognized by Benchmark Litigation every year since 2009 for his litigation work, including being named a “Top 100 Trial Lawyer in America,” a “National Star” in antitrust litigation and a “Litigation Star” in the New York area. He has also been selected as one of Lawdragon’s “500 Leading Lawyers in America,” “500 Leading Global Litigators” and “500 Leading Litigators in America,” and has been named to The Best Lawyers in America for antitrust, M&A and securities litigation.
Mr. Bornstein was born in Merrick, New York. He received a B.A. magna cum laude in architecture from Yale College in 1994, where he was elected to Phi Beta Kappa, and a J.D. magna cum laude from Harvard Law School in 1997, where he was a Notes Editor of the Law Review and a winner of the Ames Moot Court Competition. After graduation, Mr. Bornstein served as a law clerk to Hon. Amalya L. Kearse of the U.S. Court of Appeals for the Second Circuit.
Mr. Bornstein joined Cravath in 1998 and was elected a partner in 2004.
Mr. Bornstein is conversant in Spanish, French and Russian.
Consistently recognized as “one of the best lawyers in this space,” and “simply stellar” (The Legal 500 US), Mr. Bornstein has handled some of the country’s most challenging and transformative M&A litigation, often involving novel and complex issues of law. Clients on such matters include Avon Products, Bacardi Limited, Blount International, Buckeye Partners, Cisco Systems, Deutsche Telekom, DreamWorks Animation, Johnson & Johnson, the special transaction committee of Viacom’s Board of Directors and WestRock.
Mr. Bornstein’s recent notable matters include winning a post‑trial victory, affirmed on appeal, for Reynolds American in the first judicial appraisal of a public company tried to decision outside of Delaware, and successfully representing affiliates of Bacardi Limited in resolving a multi‑jurisdictional dispute related to the value of D’Ussé, a cognac brand founded by rapper Shawn “Jay‑Z” Carter. He also secured a favorable settlement for members of the special transaction committee of Viacom's Board of Directors in consolidated putative class action litigation in the Delaware Court of Chancery concerning Viacom’s $30 billion merger with CBS Corporation.
Named a 2021 Competition MVP by Law360, Mr. Bornstein also has extensive experience in complex antitrust litigation. He recently represented Qualcomm in an array of industry‑defining global disputes concerning Qualcomm’s patent licensing and modem chipset businesses—including actions brought by the U.S. Federal Trade Commission (FTC), Apple, a class of consumers and international regulatory authorities. He secured a major Ninth Circuit victory for Qualcomm in the FTC litigation, which sought a permanent injunction against several of Qualcomm’s business practices. The widely covered, unanimous appellate decision confirmed the lawfulness of Qualcomm’s business model, and was featured as a “top appellate reversal” of the year by the Daily Journal. Mr. Bornstein was also a member of the team that secured a settlement for Qualcomm resolving all litigation between the company and Apple worldwide, including proceedings in Asia, Europe and the United States.
Mr. Bornstein also served as lead trial counsel for Epic Games, creator of the hugely popular game Fortnite, in two high‑profile antitrust actions against Google and Apple alleging anticompetitive behavior in the distribution of mobile apps and the handling of in‑app payments. After a multiweek trial in the case against Google, Mr. Bornstein obtained a unanimous jury verdict in favor of Epic on all counts. In connection with this victory, he was recognized as The Am Law Litigation Daily’s “Litigator of the Week.” Following a three-week bench trial in the Apple case, Mr. Bornstein secured a nationwide permanent injunction against Apple’s anti‑steering policies. He continues to represent Epic in connection with both matters.
Mr. Bornstein has been recognized by numerous professional publications, including The National Law Journal, which named him a “Litigation Trailblazer” in 2021. The Legal 500 US consistently names Mr. Bornstein a “Leading Lawyer” for M&A litigation and also has recommended him for his antitrust, appellate, financial services litigation, general commercial, M&A litigation, media and entertainment litigation, and securities litigation work. He and his colleagues have repeatedly earned the Firm distinction as “Law Firm of the Year” in M&A litigation in the Best Lawyers Best Law Firms surveys, and as a Law360 “Competition Practice Group of the Year.” Mr. Bornstein has been recognized by Benchmark Litigation every year since 2009 for his litigation work, including being named a “Top 100 Trial Lawyer in America,” a “National Star” in antitrust litigation and a “Litigation Star” in the New York area. He has also been selected as one of Lawdragon’s “500 Leading Lawyers in America,” “500 Leading Global Litigators” and “500 Leading Litigators in America,” and has been named to The Best Lawyers in America for antitrust, M&A and securities litigation.
Mr. Bornstein was born in Merrick, New York. He received a B.A. magna cum laude in architecture from Yale College in 1994, where he was elected to Phi Beta Kappa, and a J.D. magna cum laude from Harvard Law School in 1997, where he was a Notes Editor of the Law Review and a winner of the Ames Moot Court Competition. After graduation, Mr. Bornstein served as a law clerk to Hon. Amalya L. Kearse of the U.S. Court of Appeals for the Second Circuit.
Mr. Bornstein joined Cravath in 1998 and was elected a partner in 2004.
Mr. Bornstein is conversant in Spanish, French and Russian.
International Bar Association
Urban Assembly School for Law & Justice
Best Lawyers in America
Benchmark Litigation
Law360
Lawdragon
The Legal 500 US
National Law Journal
New York Law Journal
Deals & Cases
December 19, 2023
On December 11, 2023, a jury unanimously ruled in favor of Cravath client Epic Games (“Epic”) on all counts in its closely watched antitrust case against Google in the U.S. District Court for the Northern District of California, determining—after a multiweek trial—that Google has engaged in anticompetitive behavior in the distribution of mobile apps and in the handling of in‑app payments.
Deals & Cases
September 29, 2023
On September 26, 2023, the U.S. District Court for the Northern District of California granted summary judgment in favor of Cravath client Qualcomm Incorporated in a putative class action alleging violations of antitrust laws. Originally brought in 2017 on behalf of an alleged nationwide class of mobile device purchaser plaintiffs, the multi-district litigation consolidated numerous complaints against Qualcomm and followed a related Federal Trade Commission action against the company (FTC v. Qualcomm), which also resulted in a complete judgment for Qualcomm on appeal in 2020.
Deals & Cases
September 12, 2023
On September 12, 2023, the Boards of WestRock and Smurfit Kappa announced the signing of a definitive transaction agreement to create Smurfit WestRock, a global leader in sustainable packaging. Together, Smurfit Kappa and WestRock generated combined last twelve months’ adjusted annual revenue of approximately $34 billion as of June 30, 2023. Cravath is representing WestRock in connection with the transaction.
Deals & Cases
October 03, 2022
On October 3, 2022, the Supreme Court of the State of Delaware issued an order affirming the Delaware Court of Chancery’s dismissal of claims brought against Cravath clients Buckeye Partners, L.P., Buckeye GP LLC, and Buckeye GP LLC’s board of directors (collectively, “Buckeye”) by a former unitholder, Walter E. Ryan, Jr.
Activities & Publications
April 16, 2024
Cravath partners Gary A. Bornstein and Noah Joshua Phillips and practice area attorney Benjamin J. Bauer participated in the American Bar Association’s 2024 Antitrust Law Section Spring Meeting, which was held from April 10‑12, 2024, in Washington, D.C., and convened international antitrust, consumer protection and data privacy professionals.
Accolades
December 19, 2023
On December 15, 2023, The Am Law Litigation Daily featured a Cravath team, led by partners Gary A. Bornstein, Lauren A. Moskowitz and Yonatan Even, as “Litigators of the Week” for its representation of client Epic Games in an antitrust trial win against Google in the U.S. District Court for the Northern District of California. Following a multi‑week trial, on December 11, 2023, a jury unanimously ruled in Epic Games’ favor on all counts, determining that Google has engaged in anticompetitive behavior in the distribution of mobile apps and in the handling of in‑app payments.
Accolades
October 12, 2023
The 2024 edition of Benchmark Litigation named Cravath partners Evan R. Chesler, Daniel Slifkin, David R. Marriott, Gary A. Bornstein and Kevin J. Orsini to its list of the “Top 100 Trial Lawyers in America.” This is the tenth consecutive year in which Evan has been recognized, the fourth year in which Daniel and Kevin have been recognized, the third year in which Gary has been named to the list, and the first year in which David has been recognized.
Activities & Publications
May 02, 2023
On May 1, 2023, Cravath partner Gary A. Bornstein participated in “Delaware Law Developments 2022: What All Business Lawyers Need to Know,” a program presented by the Practising Law Institute in New York. Gary spoke on a panel entitled “Recent Delaware Developments,” which reviewed the continued evolution of oversight litigation, SLCs and related independence considerations, as well as aiding and abetting litigation, including the continued targeting of law firms and bankers.
Activities & Publications
April 05, 2023
On April 4, 2023, Cravath partner Gary A. Bornstein participated in a program hosted by the University of Delaware’s John L. Weinberg Center for Corporate Governance as part of its 2023 Weinberg Distinguished Speaker Series. Following a conversation between three former Chief Justices of the Delaware Supreme Court, Gary’s panel examined recent developments and emerging issues in Delaware law.
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