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Justin C. Clarke

Partner, Litigation

Justin C. Clarke’s practice focuses on mergers and acquisitions, securities, antitrust and general commercial litigation. Mr. Clarke’s clients have included Akorn, American Express, Centerview Partners, Credit Suisse, Mylan, Precision Castparts, Qualcomm and The Williams Companies.

Some of his recent representative matters include:

  • Represented Akorn, Inc. in litigation in the Delaware Court of Chancery regarding Fresenius’s termination of the parties’ $4.3 billion merger agreement. Following expedited proceedings, the case culminated in a one‑week bench trial in July 2018 and subsequent expedited appeal. It is one of a handful of cases regarding termination rights arising from material adverse event (“MAE”) provisions in merger agreements to be tried to a decision, and the first such appeal decided by the Supreme Court of Delaware. Mr. Clarke continues to represent Akorn in damages litigation in the Delaware Court of Chancery regarding Fresenius’s termination of the merger agreement.
  • Representing Akorn and its directors in consolidated securities class action litigation and in shareholder derivative suits pending in federal court in Illinois concerning alleged data integrity and FDA compliance issues at Akorn.
  • Representing Precision Castparts Corp. (“PCC”) and its board of directors in a purported shareholder class action lawsuit filed in Oregon federal court regarding PCC’s $37 billion acquisition by Berkshire Hathaway, alleging violations of Sections 14(a) and 20(a) of the Securities Exchange Act.
  • Represented The Williams Companies, related entities and members of Williams’s board in lawsuits in Delaware and Oklahoma relating to the company’s now‑terminated $37.7 billion merger with Energy Transfer Equity.
  • Represented American Express and won a defense judgment for the company, affirmed on appeal, after a five‑week bench trial in a consumer class action alleging violations of Section 1 of the Sherman Act.
  • Advised Qualcomm in connection with an antitrust investigation by China’s National Development and Reform Commission concerning Qualcomm’s patent licensing terms and policies, which settled in February 2015.

Mr. Clarke grew up in South Carolina and the Washington, D.C. area. He received an A.B. degree in Government and Spanish Language from Bowdoin College in 2004, and a J.D. from Columbia Law School in 2011, where he was a James Kent Scholar, a Harlan Fiske Stone Scholar and served as an editor of the Law Review.

Following his graduation, Mr. Clarke served as a law clerk to Hon. Amalya L. Kearse of the U.S. Court of Appeals for the Second Circuit.

Mr. Clarke joined Cravath in 2012 and was elected a partner in 2019.

Mr. Clarke is admitted only in New York.

Contact
+1 (212) 474-1184
+1 (212) 474-3700