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Darin P. McAtee

Partner, Litigation

Darin P. McAtee is a partner in Cravath’s Litigation Department. He has handled a wide variety of litigation cases, including antitrust, contract, employment, environmental, ERISA, insurance, intellectual property, products liability, real estate and securities matters. Mr. McAtee is an experienced trial lawyer; in the past 10 years, he has tried 11 cases. His clients have included Atlas Air, Colgate‑Palmolive, Credit Suisse, DuPont, NCR, Novartis, Qualcomm and Spirit AeroSystems, among others.

Mr. McAtee’s representative matters include:

  • Representing NCR in several Superfund environmental actions relating to the remediation of Wisconsin’s Fox River and Michigan’s Kalamazoo River. Between 2012 and 2015, Mr. McAtee tried four environmental cases for NCR in federal courts in Michigan and Wisconsin, and one contract dispute that was tried to an arbitration panel. He won two appeals and secured a judgment relieving NCR of over $100 million in potential liability. In January 2017, NCR entered into a Consent Decree with the United States and Wisconsin, which favorably resolved remaining claims in the Fox River actions.
  • Representing Spirit AeroSystems, a manufacturer of aircraft components and structures, in various contract disputes with The Boeing Company regarding the 787 “Dreamliner” aircraft, the 737 aircraft and the 777 aircraft, and on other legal matters.
  • Representing Colgate‑Palmolive in products liability lawsuits concerning the company’s talcum powder products. In October 2016, Mr. McAtee and his team secured a win for Colgate after a three‑month jury trial in California state court; six other lawsuits settled during or shortly before trial.
  • Representing Avon Products in connection with various products liability lawsuits concerning talcum powder products sold by Avon. One case settled in April 2019 as trial was about to begin.
  • Representing Mylan Laboratories in consolidated antitrust litigation filed in Pennsylvania federal court regarding alleged reverse‑payment settlement agreements concerning the narcolepsy drug modafinil.
  • Representing PG&E in lawsuits brought by property and business owners for damages related to the October 2017 Northern California wildfires.
  • Represented Credit Suisse entities and Pershing LLC in a lawsuit brought by four hedge funds and their investment manager against several financial institutions that were part of the Enron multidistrict proceedings in Texas federal court.
  • Represented Credit Suisse against Lehman Brothers in bankruptcy litigation.
  • Represented and won summary judgment for Spirit AeroSystems in a breach of contract lawsuit filed in Delaware Superior Court by The Boeing Company, seeking indemnification from Spirit for damages and expenses that Boeing incurred as a result of two proceedings initiated by former Boeing employees. In July 2018, the decision was affirmed on appeal.
  • Represented TopBuild Services Group and three of its affiliates in a breach of contract suit alleging that TopBuild violated the provisions of a sales contract related to insulation purchases.
  • Represented Atlas Air in connection with a dispute arising out of a purchase agreement for certain Boeing aircraft.
  • Represented Atlas Air and its subsidiary, Polar Air, as trial counsel in a consolidated multidistrict antitrust lawsuit alleging a conspiracy to fix global air cargo fuel and security surcharges.
  • Represented two major pharmaceutical companies in a contract dispute involving approximately $300 million in licensing fees (two‑day arbitration; win).
  • Represented Royal KPN in takeover litigation that was tried in the Delaware Court of Chancery.
  • Represented Novartis in various employment matters and in an appeal to the Second Circuit on a contract matter.
  • Represented Credit Suisse in subprime and Enron-related securities litigation and, in one of these matters, obtained the reversal of class certification in a $40 billion class action, after which the court granted summary judgment for Credit Suisse.
  • Represented Dooney & Bourke in three trademark infringement matters, securing a landmark summary judgment win in one of these matters brought by Louis Vuitton seeking over $100 million.
  • Represented Qualcomm in various patent, contract and antitrust matters.
  • Represented YRC Worldwide in a dispute with the City of New York (settled on terms favorable to YRC on the eve of motion to dismiss argument).
  • Represented Guess?, Inc. in a real estate contract dispute.
  • Represented DuPont and its former Chairman, Edgar J. Woolard Jr., in securities class action litigation filed by DuPont shareholders alleging that DuPont made materially false and misleading statements with respect to its agricultural product “Benlate 50 DF,” a fungicide that was recalled from the market in 1991. After Mr. McAtee filed a summary judgment motion, the case settled in mediation.

Mr. McAtee has also represented DuPont in two antitrust matters and in three securities matters, and as a plaintiff in several insurance coverage disputes, ultimately collecting in excess of $50 million for DuPont.

Earlier in his career, Mr. McAtee was part of a trial team that represented Bristol‑Myers in an insurance coverage dispute against more than a dozen insurers, in which Bristol‑Myers ultimately recovered in excess of $100 million. Mr. McAtee was also part of a trial team in an antitrust matter alleging price fixing, which resulted in a defense verdict for his client.

Mr. McAtee devotes a significant portion of his practice to pro bono service. He works extensively with Her Justice (f/k/a inMotion), a group that helps disadvantaged women find pro bono legal representation for a variety of family law matters, including child support and domestic violence cases. In 2000, Mr. McAtee won inMotion’s Commitment to Justice Award, and in 2009, was elected to the organization’s Board of Directors, serving in that role until 2018. In 2015, he successfully represented the Hearing Loss Association of America, the Veterans of Foreign Wars of the United States, Veterans United for Truth and AARP in filing an amicus brief in a case challenging the New York City Police Department’s policy barring officers from using hearing aids after two officers were dismissed from the force pursuant to the policy. The case concluded in a landmark settlement that required the NYPD to review its policy and reinstate the plaintiff who wished to return to service. Mr. McAtee is currently involved in three other matters seeking vindication of disability rights, including litigation against New York City, in which he recently secured preliminary approval of a historic settlement establishing a comprehensive plan to provide greater sidewalk accessibility. In 2007, Mr. McAtee handled a pro bono criminal matter, where he conducted an eight‑day evidentiary hearing with 23 witnesses; the court vacated the homicide conviction and awarded the client a new trial. In 2008, Mr. McAtee represented two Sudanese boys in their successful efforts to obtain asylum in the United States.

The 2018 and 2019 editions of Benchmark Litigation named Mr. McAtee to its list of the “Top 100 Trial Lawyers in America.” He was also named a “National Star” in general commercial litigation (2017‑2019) and a “Local Litigation Star” in the New York area (2016‑2019) by the publication. The Legal 500 United States named Mr. McAtee a “Leading Trial Lawyer” in 2018 and 2019. He was also recognized by this publication for his general commercial disputes work in 2017 through 2019. He was selected by Lawdragon as one of “500 Leading Lawyers in America” from 2016 to 2019 and was recognized by Super Lawyers for his litigation work in 2018. He is a co‑author of the Intellectual Property Law Answer Book, published by the Practising Law Institute, which is currently in its eighth edition.

Mr. McAtee was born in Hays, Kansas. He received a B.A. with Highest Distinction from the University of Kansas in 1988 and a J.D. magna cum laude from Harvard Law School in 1991, where he was an Articles Editor of the Law Review. Following graduation, Mr. McAtee served as law clerk to Hon. Stanley F. Birch, Jr. of the U.S. Court of Appeals for the Eleventh Circuit. He joined Cravath in 1992 and became a partner in 2004.

Mr. McAtee may be reached by phone at +1‑212‑474‑1480 or by email at dmcatee@cravath.com.

Mr. McAtee is admitted only in New York.

Contact
+1 (212) 474-1480
+1 (212) 474-3700