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Damaris Hernández

Partner, Litigation

Damaris Hernández is a partner in Cravath’s Litigation Department. Her practice focuses on complex civil litigation related to securities, ERISA and antitrust, as well as shareholder demands, internal corporate investigations and government investigations related to the Foreign Corrupt Practices Act.

Ms. Hernández has represented a wide range of clients, including American Express, the Republic of Argentina, Credit Suisse, IBM, Merck, Morgan Stanley, Novartis, Vivendi and YPF. Her representative matters include:

  • Representing American Express in purported antitrust class action litigations in New York federal courts brought by merchants alleging a conspiracy among AmEx and other credit and charge card issuers to shift the costs of fraudulent charges from the issuers to merchants through the implementation of chip cards.
  • Representing PG&E as lead trial counsel in hundreds of claims filed against the company arising out of the 2017 and 2018 California Wildfires.
  • Representing Novartis Pharmaceuticals in two civil enforcement actions in the Southern District of New York alleging violations of the False Claims Act and Anti‑Kickback Statute. The government intervened in one of the suits.
  • Representing oil company YPF in litigation brought by minority shareholders arising out of Argentina’s 2012 expropriation of a controlling stake in YPF.
  • Representing Morgan Stanley in individual and class action lawsuits in New York federal court alleging collusion among banks to restrain competition by preventing the development of anonymous exchange trading of various complex financial products, including credit default swaps, interest rate swaps and stock loans, as well as in related regulatory inquiries.
  • Represented the Republic of Argentina in connection with litigation brought by holders of its defaulted sovereign debt. After being retained as new counsel to Argentina in February 2016, Ms. Hernández was part of the team that obtained the vacatur of extraordinary injunctions that had been imposed on Argentina in 2012 and 2015, first at the district court level and then on an expedited appeal before the Second Circuit. The victory cleared the way for Argentina to resolve the vast majority of its litigation with holdout creditors and return to the international capital markets for the first time since its $80 billion default in 2001, with what was at the time the largest-ever emerging markets debt offering.
  • Represented Credit Suisse in defense of actions relating to residential mortgage‑backed securities nationwide.
  • Represented IBM in a number of FCPA matters, including a DOJ investigation relating to IBM’s operations in Poland, Argentina, Bangladesh and Ukraine.
  • Represented Merck in a consolidated, multidistrict shareholder fraud class action arising out of alleged misrepresentations and omissions relating to Merck’s sale of the pain medication VIOXX®, which settled. Ms. Hernández also represented Merck in a related ERISA litigation that settled in 2011.
  • Represented Vivendi in long‑running complex securities litigation in New York federal court, including in a four‑month jury trial in October 2009.

Ms. Hernández also devotes substantial time to pro bono and community work. She is currently representing juveniles sentenced to indeterminate life sentences with the possibility of parole in a suit seeking to reform the parole hearing process in New York. She is also lead counsel in a lawsuit in Alabama federal court challenging Jefferson County, Alabama’s compliance with a consent decree after findings of discrimination in the hiring of firefighters and police.

Ms. Hernández is a member of the Board of Trustees of New York University School of Law and is also a mentor to students in the school’s AnBryce Scholar program. She serves as a Fellow of the Leadership Council on Legal Diversity, and in 2017 was elected to serve as a member of The American Law Institute and the Litigation Advisory Board for Practical Law. Ms. Hernández also currently serves as a District Leader in New York County for the New York State Bar Association and as a board member of the Neighborhood Defender Service of Harlem.

Ms. Hernández was recognized by The Legal 500 United States for her antitrust litigation work in 2018. She was named a 2018 “40 Under 40 Rising Star” by New York University’s Law Alumni of Color Association and was honored with the 2018 Liderazgo Award at the Eighth Annual MetroLALSA Conference, recognizing leadership in the legal field. Ms. Hernández was named to Crain’s New York Business “40 Under 40” list in 2017. She was named to Benchmark Litigation’s “40 and Under Hot List” in 2017 and 2018, and recognized as a “Future Star” by Benchmark in its 2019 edition. She was also recognized as one of New York Law Journal’s “Rising Stars” in 2017 and as a “CUP Catalyst in Law” by the Council of Urban Professionals in 2016. Ms. Hernández was honored with the 2017 Flor de Maga award by the Puerto Rican Bar Association, the 2017 Recent Graduate Award from NYU, the 2016 Latina Trailblazer Award from LatinoJustice and the 2016 Mujeres Destacadas Award from El Diario.

Ms. Hernández was born in Brooklyn, New York. She received her A.B. degree magna cum laude in Literature from Harvard College in 2003, and a J.D. from New York University School of Law in 2007, where she was an associate editor of the Review of Law and Social Change and an AnBryce Scholar. Ms. Hernández joined Cravath in 2007 and became a partner in 2016.

Ms. Hernández may be reached by phone at +1‑212‑474‑1486 or by email at dhernandez@cravath.com.

Ms. Hernández is admitted only in New York.

Contact
+1 (212) 474-1486
+1 (212) 474-3700