Daniel
Slifkin

Mr. Slifkin also has substantial experience in antitrust matters, arbitrations and bankruptcy proceedings, as well as general commercial litigation, and he has represented clients in regulatory investigations by the DOJ, SEC and European Union. In particular, Mr. Slifkin has considerable knowledge of the financial services industry, having represented numerous of the world’s leading financial institutions in a wide range of matters.

In 2018, New York Law Journal named Mr. Slifkin a “Distinguished Leader of the Year.” The Am Law Litigation Daily has recognized him as “Litigator of the Week” on three occasions, including most recently for his successful defense of Tesla, Inc. CEO and board member Elon Musk in In re Tesla Motors, Inc. Stockholder Litigation, a stockholder derivative action in which he won a trial decision defeating the action that had sought $13 billion in damages related to Tesla’s acquisition of SolarCity Corporation. The Financial Times’ U.S. Innovative Lawyers Report likewise has featured Mr. Slifkin’s work multiple times. Lawdragon has continually selected Mr. Slifkin as one of the “500 Leading Lawyers in America” and, in 2018, the publication named him a nationwide “Legend.” He also was included in Lawdragon’s list of the “500 Leading Litigators in America” and its list of the “100 Lawyers You Need to Know in Securities Litigation.” Chambers USA consistently ranks him as a leading securities litigator. The Legal 500 US has repeatedly recognized Mr. Slifkin for his work in financial services and securities litigation, including naming him a “Leading Lawyer” for securities litigation and a “Leading Trial Lawyer,” while also recommending him for his work in antitrust litigation, commercial litigation and white collar criminal defense. In addition to being included in Benchmark Litigation’s list of the “Top 100 Trial Lawyers in America,” the publication has named Mr. Slifkin a “National Star” in general commercial litigation and securities litigation. The Best Lawyers in America has named him a leader in commercial litigation, securities, antitrust and banking and finance litigation.

Mr. Slifkin’s representative matters include:

Securities and Derivative

• Representing Tesla, Inc. CEO and board member Elon Musk and other current and former members of the Tesla Board of Directors in a derivative action filed in the Delaware Court of Chancery concerning Mr. Musk’s compensation package.

• Represented Mr. Musk in winning a complete trial victory to defeat a $13 billion stockholder derivative action filed in the Delaware Court of Chancery related to Tesla’s $2.1 billion acquisition of SolarCity Corporation.  Following a highly publicized 11‑day trial, the court granted judgment in favor of Mr. Musk on all counts. 

• Representing Anadarko Petroleum in putative class action securities litigation filed in Texas federal court and double derivative litigation filed in Delaware federal court alleging Anadarko made false and misleading statements concerning the company’s business and operations in the Shenandoah deepwater oil field.
• Secured the dismissal of putative securities class action litigation filed against Occidental Petroleum and certain of its officers and directors in New York state court relating to securities offerings conducted in connection with Occidental’s $57 billion acquisition of Anadarko Petroleum. 
• Secured a favorable settlement for First Solar in a securities class action in Arizona federal court alleging that First Solar and several of its officers and executives misrepresented the company’s financial state, concealed material facts and committed accounting violations.  Mr. Slifkin also represented First Solar in a related opt-out class action and in a related derivative action.
• Represented Insys Therapeutics and its management in securities class action litigation in Arizona and New York federal courts alleging that the company’s financial statements and other statements made by the defendants were false and misleading.  Mr. Slifkin also represented Insys and its board of directors in related shareholder derivative suits in the Delaware Court of Chancery and Arizona federal court.
• Represented Juno Therapeutics and certain of its executives in a securities class action in Washington federal court alleging that defendants failed to disclose side effects associated with an immunotherapy drug.
• Represented Akorn Pharmaceuticals and its executive officers in a consolidated securities class action lawsuit and in a consolidated derivative action in Illinois federal court.  Mr. Slifkin also represented Akorn in related shareholder derivative actions and an SEC investigation.
• Represented Vivendi for over a decade in some of the most significant and complex securities actions in recent history, including in a long-running class action that culminated in a four-month long, “f-cubed” securities fraud jury trial, and in a four-week jury trial over securities and contract claims brought by Liberty Media.
• Represented JPMorgan Chase and related entities (including Bear Stearns and Washington Mutual) in numerous RMBS actions filed across the country, including the first two major RMBS investor actions to proceed through conclusion of discovery and summary judgment.  In one action, Mr. Slifkin secured a judgment that removed from litigation bonds worth $8 billion. 
• Represented Priceline.com in a securities class action, which settled favorably, and in a related derivative suit in which he secured victories in both the Delaware Court of Chancery and the Delaware Supreme Court.
• Represented Lucent Technologies and several former and current directors and officers in over 50 shareholder and related ERISA, bondholder, debt security holder, derivative and state securities law litigations, all of which settled on favorable terms.

Antitrust

• Representing Westpac Banking Corporation in the Bank Bill Swap Rate (BBSW) Antitrust Litigation, a class action lawsuit in New York federal court alleging manipulation of the Australian Bank Bill Swap Reference Rate.
• On behalf of Morgan Stanley, Mr. Slifkin has litigated several individual and class action lawsuits in New York federal court alleging collusion among banks to restrain competition, including:
  • In re Interest Rate Swaps Antitrust Litigation: a class action alleging dealers conspired to block exchange trading of IRS.
  • Iowa Public Employees’ Retirement System, et al. v. Bank of America Corporation, et al.: a class action alleging that prime brokers conspired to block anonymous peer-to-peer trading platforms for securities lending. 
  • In re Credit Default Swaps Antitrust Litigation: settled an action alleging a conspiracy to block exchange trading of CDS.  Mr. Slifkin also advised Morgan Stanley in related DOJ and European Commission inquiries that closed with no action taken against Morgan Stanley.

Arbitration

• Representing Alcoa in an arbitration in Geneva conducted under International Chamber of Commerce rules regarding the shipment of bauxite from West Africa.  He also represented Alcoa in an arbitration with The Fairchild Corporation concerning indemnification claims.  Following a two‑week arbitration trial, the arbitrator found in favor of Alcoa, a ruling that was upheld after a challenge before the District Court.
• Represented a major American industrial company in an arbitration in London, conducted under International Chamber of Commerce rules, against one of its European customers in a dispute as to the correct interpretation of the contracts between the parties.
• Represented a European auto parts manufacturer in an arbitration before the American Arbitration Association regarding a breach of contract and breach of fiduciary duty dispute arising out of a joint venture agreement between the company and a Mexican auto parts manufacturer.

Bankruptcy

• Represented Minerals Technologies’ interests in the bankruptcy estate of Novinda Corporation in Colorado.  Cravath’s representation included defending Minerals Technologies against allegations of fraud and breach of contract in an arbitration brought by the estate.  Mr. Slifkin secured a favorable decision in this matter following a three‑week arbitration.
• Represented Allied World Assurance Company in an adversary proceeding brought in New York bankruptcy court by successors to the estate of MF Global Holdings to recover on excess insurance policies.  Mr. Slifkin secured an order compelling arbitration of the dispute in Bermuda.
• Represented Alcoa in an adversary proceeding brought by the Trustee of Longview Aluminum LLC and secured summary judgment for Alcoa on all claims.
• Represented Lucent Technologies in an adversary proceeding brought by the Chapter 7 trustee of Winstar Communications alleging that Lucent breached various agreements related to the expansion of Winstar’s worldwide broadband network, which culminated in a 21‑day bench trial. 

General Commercial

• Represented Akorn Pharmaceuticals in 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.
• Represented the Republic of Argentina in overturning extraordinary injunctions in the district court and in an expedited appeal before the Second Circuit.  The victory allowed Argentina to resolve litigation with “holdout” creditors and launch a record $16.5 billion bond deal.
• Represented IBM in a breach of contract action relating to the sale of IBM’s printer division to Lexmark and obtained a judgment in excess of $55 million in IBM’s favor following a two-week bench trial.
• Represented Morgan Stanley as plaintiff in a breach of contract action against Discover Financial Services and won summary judgment, after which Discover settled, paying Morgan Stanley $775 million.

Mr. Slifkin is a fellow of the American Bar Foundation and a member of the International Bar Association.  He is Vice‑Chairman of the Board of Americans for Oxford.  He is also a board member of Legal Services NYC, the National Center for Law and Economic Justice and the Federal Bar Council.

Mr. Slifkin was born in London, England. He received a B.A., with first class honors, from Oxford University in 1987; a B.C.L., with first class honors, from Oxford University in 1988; and a J.D. magna cum laude from Harvard Law School in 1991, where he was an editor of the Harvard Law Review and a Sears Prize winner.

Mr. Slifkin joined Cravath in 1991 and was elected a partner in 1997. He served as Head of the Litigation Department from September 2016 to February 2021.