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Kevin J. Orsini

Partner, Litigation

Kevin J. Orsini is a partner in Cravath’s Litigation Department and serves as Co‑Chair of the Firm’s Business Development Group. His practice focuses on complex antitrust litigation, mergers and acquisitions litigation, securities litigation and other commercial disputes.

Mr. Orsini has experience representing companies and individuals in all stages of litigation, from pre‑complaint investigation through trial and appeal. His clients have included Alcoa, American Express, Black Entertainment Television, Barnes & Noble, Crown Castle, CSC Sugar, FleetCor Technologies, Goldman Sachs, HCA, IBM, JPMorgan Chase, Mylan, Occidental Petroleum, Palantir Technologies, PG&E, Sabre, Time Warner, Viacom, The Williams Companies and Xerox.

Trial Experience

Mr. Orsini has substantial first‑chair litigation and trial experience. In the past four years alone, he has tried seven matters; a number of these as lead trial counsel. Recent representations include:

  • Obtained a major victory for American Express before the U.S. Supreme Court in an antitrust lawsuit originally brought by the DOJ and 17 state attorneys general challenging certain provisions in AmEx’s merchant agreements. Mr. Orsini represented AmEx in the seven‑week bench trial against the DOJ and subsequent appeal to the Second Circuit. The Supreme Court’s decision, which affirmed the Second Circuit’s judgment in favor of AmEx, defines how antitrust law will be applied to two‑sided markets.
  • Secured a victory for Time Warner after a six‑week trial in an antitrust lawsuit filed by the DOJ seeking to block Time Warner’s $109 billion acquisition by AT&T, the government’s first challenge to a vertical merger in decades.
  • Won a landmark decision for Barnes & Noble after a four‑day expedited trial in an action brought in the Delaware Court of Chancery by various funds managed by Ronald Burkle challenging the company’s poison pill. The decision was affirmed by the Delaware Supreme Court in March 2011.
  • Won the dismissal of lawsuits against DHT Holdings filed by Frontline, one of DHT’s largest shareholders, in New York state court and the Marshall Islands related to Frontline’s rejected offer to acquire the company. Mr. Orsini served as lead trial counsel and successfully argued against Frontline’s TRO and preliminary injunction motions in both actions.
  • Represented Palantir Technologies as lead trial counsel in litigation concerning a shareholder’s books and records demand, which was tried in the Delaware Court of Chancery in June 2017. Mr. Orsini continues to represent Palantir in related litigation in Delaware Superior Court alleging intentional interference with a proposed deal to sell $60 million worth of Palantir stock.
  • Represented The Williams Companies as plaintiff in M&A litigation culminating in an expedited two‑day trial before the Delaware Court of Chancery seeking to enjoin Energy Transfer Equity from terminating a planned $37.7 billion merger.
  • Represented FleetCor Technologies, a payment service provider, and its subsidiary as trial counsel in a breach of contract dispute filed in the Delaware Court of Chancery by TA Operating, an operator of nationwide travel centers. The matter was tried in April 2017.
  • Representing PG&E as lead trial counsel in hundreds of lawsuits filed against the company arising out of the October 2017 Northern California wildfires.

Select Additional Antitrust Litigation Experience

  • Representing American Express in several antitrust lawsuits and arbitrations challenging as anticompetitive certain provisions of its merchant agreements. Mr. Orsini won dismissal of a related shareholder derivative lawsuit. He also represented AmEx in a putative antitrust class action lawsuit alleging unlawful tying, which was dismissed.
  • Representing Sabre, a travel technology company, in its appeal to the Second Circuit of an adverse jury verdict in an antitrust lawsuit brought by US Airways concerning Sabre’s contract terms.
  • Represented Viacom International and Black Entertainment Television in an antitrust lawsuit brought by Cablevision concerning cable programming bundling, which settled.

Select Additional M&A Litigation Experience

  • Representing The Williams Companies, related entities and members of Williams’ board in lawsuits in Delaware and Oklahoma relating to the company’s contemplated $37.7 billion merger with Energy Transfer Equity.
  • Represented the Special Committee of Delphi Financial Group in a consolidated shareholder class action lawsuit challenging Delphi’s $2.7 billion buyout by Tokio Marine Holdings.
  • Defeated a preliminary injunction motion for Mylan in a lawsuit filed by Perrigo challenging certain disclosure statements that Mylan made in connection with its $27 billion proposal to acquire Perrigo.

Securities and Other Commercial Litigation Experience

  • Representing J.P. Morgan Securities, individually and as successor in interest to Bear Stearns, in litigation filed by First Community Bank concerning collateral debt obligations.
  • Representing Mylan and certain of the company’s directors and officers in a consolidated putative securities class action lawsuit filed by shareholders concerning certain disclosures about its EpiPen product.
  • Defeated a preliminary injunction motion and won a motion to compel arbitration for Barnes & Noble Booksellers in a purported consumer class action lawsuit filed in New York federal court concerning consumer digital privacy.
  • Won the dismissal of a shareholder derivative action for Barnes & Noble concerning the company’s financial reporting and internal controls. Mr. Orsini also represented the company in a related consolidated securities class action lawsuit, which plaintiffs voluntarily dismissed following dismissal of the derivative suit.
  • Won the dismissal of a putative shareholder class action against Barnes & Noble alleging breaches of fiduciary duties related to the company’s acquisition of Barnes & Noble College Booksellers and violations of Section 14(a) of the 1934 Act based on certain disclosure statements.
  • Represented Goldman Sachs against multibillion‑dollar claims asserted in the Lyondell bankruptcy proceedings.
  • Won the dismissal of a securities fraud lawsuit against JPMorgan concerning collateralized debt obligations.

Recognitions and Awards

  • The Best Lawyers in America: “Leader” in Antitrust Law (2017, 2018, 2019)
  • Law360: “Rising Star” in Competition (2016)
  • New York Law Journal: “Rising Star” (2015)
  • Super Lawyers: “Rising Star” in Business Litigation (2013, 2014)
  • The Legal 500 US: Recommended for antitrust litigation (2016-2018), M&A litigation (2012-2014, 2017, 2018) and securities litigation (2011)
  • Benchmark Litigation: “Local Litigation Star” in antitrust, general commercial, M&A and securities litigation (2019), “Future Star” (2016-2018), “40 & Under Hot List” (2016-2018)
  • Lawdragon: “500 Leading Lawyers in America” (2018)

Mr. Orsini was born in Livingston, New Jersey. He received a B.A. summa cum laude from George Washington University in 2000, where he was elected to Phi Beta Kappa, and a J.D. cum laude from New York University School of Law in 2003. He joined Cravath in 2003 and became a partner in 2011.

Mr. Orsini may be reached by phone at +1‑212‑474‑1596 or by email at korsini@cravath.com.

Mr. Orsini is admitted only in New York and New Jersey.

Contact
+1 (212) 474-1596
+1 (212) 474-3700