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Gary A. Bornstein

Partner, Litigation

Gary A. Bornstein is a partner in Cravath’s Litigation Department. His practice focuses on M&A litigation and other high‑stakes commercial disputes, including antitrust and securities litigation.

In the past several years, Mr. Bornstein has represented buyers, sellers and lenders in contested M&A transactions, as well as corporations and directors in disputes with activist hedge funds and other shareholders. Mr. Bornstein also regularly represents clients in litigation, arbitration and other disputes arising out of complex contractual and joint venture arrangements. In addition to litigation, Mr. Bornstein frequently provides antitrust, fiduciary duty and other transaction‑related advice.

Representative recent matters include several high‑profile M&A disputes, in both hostile and negotiated transactions, as well as litigation around competitive proxy contests; various cases defending directors and officers in fiduciary duty litigation; and antitrust litigation and investigations in the United States, Europe and Asia. Among his significant antitrust matters in the past year, Mr. Bornstein won a defense judgment for a major financial institution in a class action suit after a five-week bench trial in New York federal court. Other matters include securities litigation for various clients in federal and state courts across the country; multiple FCPA investigations; contract disputes relating to various matters including pharmaceutical royalties, syndicated loan agreements, power‑generation facilities and real estate transactions; and a successful First Amendment challenge to FCC regulations.

Mr. Bornstein was named one of New York Law Journal’s Rising Stars in 2013. In 2012, he was recognized by Law360 as one of five outstanding attorneys in the nation under 40 in the securities arena for his M&A litigation work. The Legal 500 also recommended Mr. Bornstein for M&A litigation from 2012 through 2014 and named him a Leading Lawyer in that area in 2013. In 2013, he and his colleagues earned the Firm distinction as “Law Firm of the Year” in M&A litigation in the U.S. News & World Report‑Best Lawyers survey of the best law firms in the United States. Mr. Bornstein has been recognized by Benchmark Litigation every year since 2009 for his litigation work. He was named a “National Star” in antitrust litigation and a “Local Litigation Star” in the New York area by the 2015 edition of the guide. He was also named to The Best Lawyers in America 2015 for antitrust litigation.

Mr. Bornstein was born in Merrick, New York. He received a B.A. magna cum laude in architecture from Yale University in 1994 and a J.D. magna cum laude from Harvard 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 a clerkship with Hon. Amalya L. Kearse of the U.S. Court of Appeals for the Second Circuit. He joined Cravath as a summer associate in 1996, returned to join the legal staff in 1998 and became a partner in 2005.

Mr. Bornstein is conversant in Spanish, French and Russian.

Mr. Bornstein may be reached at +1‑212‑474‑1084 or by email at

+1 (212) 474-1084
+1 (212) 474-3700