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Gary A. Bornstein

Partner, Litigation

Gary A. Bornstein handles a wide range of high‑stakes commercial disputes, with particular focus on antitrust, M&A 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 investors and other stockholders. Mr. Bornstein also regularly represents clients in antitrust litigation and investigations. 

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. Other matters include securities litigation for various clients in federal and state courts across the country; multiple SEC investigations; and litigation, arbitration and other disputes arising out of complex contractual and joint venture arrangements.

Mr. Bornstein was named one of New York Law Journal’s “Rising Stars” in 2013. The Legal 500 US has recommended Mr. Bornstein for his appellate work since 2019 and for M&A litigation since 2012, including naming him a “Leading Lawyer” in that area. In 2013 and 2016, he and his colleagues earned the Firm distinction as “Law Firm of the Year” in M&A litigation in the U.S. News–Best Lawyers “Best Law Firms” survey. 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 guide from 2015 through 2020. He was also named to The Best Lawyers in America from 2015 through 2020 for antitrust litigation.

Mr. Bornstein was born in Merrick, New York. He received a B.A. in architecture from Yale University in 1994 and a J.D. 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 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.

Mr. Bornstein is admitted only in New York.

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