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Four Decades for Justice

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Jesse M.
Weiss

Of Counsel, Litigation

jweiss@cravath.com
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Jesse M. Weiss has a broad litigation practice, with a particular focus on antitrust, including antitrust counseling, regulatory work and antitrust litigation.

Recent representative matters include:

  • Representation of Illumina in an administrative challenge brought by the Federal Trade Commission (FTC) concerning Illumina’s $8 billion acquisition of GRAIL, a healthcare company developing a cancer screening test for 50 cancer types. In September 2022, the FTC’s Chief Administrative Law Judge ruled in favor of Illumina and rejected the FTC’s challenge to the merger.
  • Representation of Tesla in consolidated putative class action antitrust litigation alleging Tesla has monopolized access to parts and services needed to repair its vehicles, and that the company’s actions have resulted in delays and supracompetitive pricing for Tesla vehicle maintenance.

  • Representation of Amgen in successfully defending against an FTC challenge to Amgen’s pending $27.8 billion acquisition of Horizon Therapeutics, the largest in Amgen’s history. In September 2023, Amgen secured a consent order that ended all litigation and cleared the path for the deal to close.

  • Representation of Altra Industrial Motion Corp. on antitrust issues in connection with its $5 billion acquisition by Regal Rexnord Corporation.

  • Representation of Atlas Air Worldwide Holdings on antitrust issues in connection with its $5.2 billion acquisition by an investor group led by funds managed by affiliates of Apollo Global Management.

  • Representation of American Express (“AmEx”) in several antitrust litigations in the U.S. District Court for the Eastern District of New York. Mr. Weiss previously represented AmEx in a civil action brought by the Department of Justice and 17 state attorneys general. The case culminated in a nearly two‑month bench trial in 2014, which was followed by successful appeals in favor of AmEx in both the Second Circuit and the Supreme Court.
  • Representation of Barrick Gold Corporation in connection with the formation of a joint venture with Newmont Mining Corporation to combine their respective mining operations, assets, reserves and talent in Nevada.
  • Representation of Orbotech Ltd. in connection with its $3.4 billion acquisition by KLA-Tencor Corporation.
  • Representation of AveXis, Inc. in connection with its $8.7 billion acquisition by Novartis AG.
  • Representation of Alere Inc. in connection with its $8 billion sale to Abbott Laboratories.
  • Representation of Cameron International Corporation in connection with its $15 billion acquisition by Schlumberger Limited.
  • Representation of Delhaize Group in connection with its $29 billion merger with Royal Ahold N.V.
  • Representation of H.J. Heinz Company and 3G Capital in connection with Heinz’s $60 billion merger with Kraft Foods Group to form The Kraft Heinz Company.
  • Representation of RELX Group in connection with its acquisition of Aries Systems, its acquisition of Safe Banking Systems, its acquisition of ThreatMetrix, its acquisition of bepress, and its acquisition of Appriss’s Crash and Project business group.

Mr. Weiss was a contributing author of the Mergers and Acquisitions chapter of the American Bar Association’s eighth (2017) and ninth (2022) editions of Antitrust Law Developments and the Mergers and Acquisitions chapter of the Annual Review of Antitrust Law Developments from 2018 through 2022.

Mr. Weiss was born in New York City. He received a B.A. from the University of Maryland in 2003 and a J.D. magna cum laude from Georgetown University Law Center in 2008. He joined Cravath in 2008 and was elected of counsel in 2021. Mr. Weiss is admitted to practice before the U.S. District Courts for the Eastern District of New York and the Southern District of New York.

Recent representative matters include:

  • Representation of Illumina in an administrative challenge brought by the Federal Trade Commission (FTC) concerning Illumina’s $8 billion acquisition of GRAIL, a healthcare company developing a cancer screening test for 50 cancer types. In September 2022, the FTC’s Chief Administrative Law Judge ruled in favor of Illumina and rejected the FTC’s challenge to the merger.
  • Representation of Tesla in consolidated putative class action antitrust litigation alleging Tesla has monopolized access to parts and services needed to repair its vehicles, and that the company’s actions have resulted in delays and supracompetitive pricing for Tesla vehicle maintenance.

  • Representation of Amgen in successfully defending against an FTC challenge to Amgen’s pending $27.8 billion acquisition of Horizon Therapeutics, the largest in Amgen’s history. In September 2023, Amgen secured a consent order that ended all litigation and cleared the path for the deal to close.

  • Representation of Altra Industrial Motion Corp. on antitrust issues in connection with its $5 billion acquisition by Regal Rexnord Corporation.

  • Representation of Atlas Air Worldwide Holdings on antitrust issues in connection with its $5.2 billion acquisition by an investor group led by funds managed by affiliates of Apollo Global Management.

  • Representation of American Express (“AmEx”) in several antitrust litigations in the U.S. District Court for the Eastern District of New York. Mr. Weiss previously represented AmEx in a civil action brought by the Department of Justice and 17 state attorneys general. The case culminated in a nearly two‑month bench trial in 2014, which was followed by successful appeals in favor of AmEx in both the Second Circuit and the Supreme Court.
  • Representation of Barrick Gold Corporation in connection with the formation of a joint venture with Newmont Mining Corporation to combine their respective mining operations, assets, reserves and talent in Nevada.
  • Representation of Orbotech Ltd. in connection with its $3.4 billion acquisition by KLA-Tencor Corporation.
  • Representation of AveXis, Inc. in connection with its $8.7 billion acquisition by Novartis AG.
  • Representation of Alere Inc. in connection with its $8 billion sale to Abbott Laboratories.
  • Representation of Cameron International Corporation in connection with its $15 billion acquisition by Schlumberger Limited.
  • Representation of Delhaize Group in connection with its $29 billion merger with Royal Ahold N.V.
  • Representation of H.J. Heinz Company and 3G Capital in connection with Heinz’s $60 billion merger with Kraft Foods Group to form The Kraft Heinz Company.
  • Representation of RELX Group in connection with its acquisition of Aries Systems, its acquisition of Safe Banking Systems, its acquisition of ThreatMetrix, its acquisition of bepress, and its acquisition of Appriss’s Crash and Project business group.

Mr. Weiss was a contributing author of the Mergers and Acquisitions chapter of the American Bar Association’s eighth (2017) and ninth (2022) editions of Antitrust Law Developments and the Mergers and Acquisitions chapter of the Annual Review of Antitrust Law Developments from 2018 through 2022.

Mr. Weiss was born in New York City. He received a B.A. from the University of Maryland in 2003 and a J.D. magna cum laude from Georgetown University Law Center in 2008. He joined Cravath in 2008 and was elected of counsel in 2021. Mr. Weiss is admitted to practice before the U.S. District Courts for the Eastern District of New York and the Southern District of New York.

Education

  • J.D., 2008, Georgetown University Law Center
    magna cum laude
  • B.A., 2003, University of Maryland

Admitted In

  • New York

Professional Affiliations

American Bar Association

New York City Bar Association

Deals & Cases

October 02, 2023

Cisco’s Proposed Acquisition of Splunk

On September 21, 2023, Cisco, a leading global technology company, and Splunk, a cybersecurity and observability leader, announced a definitive agreement under which Cisco intends to acquire Splunk for $157 per share in cash, representing approximately $28 billion in equity value. Cravath is representing Cisco on regulatory matters in connection with the transaction.

Deals & Cases

September 19, 2023

Lindsay Goldberg’s Acquisition of The Kleinfelder Group

On September 19, 2023, affiliates of private investment firm Lindsay Goldberg, in partnership with the company’s management, announced the completion of an investment in The Kleinfelder Group, a leading engineering, design, construction management, construction materials inspection and testing, and environmental professional services firm. Cravath is representing Lindsay Goldberg in connection with the transaction.

Deals & Cases

September 18, 2023

OMERS Private Equity’s Acquisition of Knight Commercial

On September 18, 2023, OMERS Private Equity announced the signing of a definitive agreement to acquire a majority stake in Knight Commercial, a leading provider of commercial restoration services. Cravath is representing OMERS Private Equity in connection with the transaction.

Deals & Cases

September 12, 2023

WestRock’s $20 Billion Combination with Smurfit Kappa to Create Global Leader in Sustainable Packaging

On September 12, 2023, the Boards of WestRock and Smurfit Kappa announced the signing of a definitive transaction agreement to create Smurfit WestRock, a global leader in sustainable packaging. Together, Smurfit Kappa and WestRock generated combined last twelve months’ adjusted annual revenue of approximately $34 billion as of June 30, 2023. Cravath is representing WestRock in connection with the transaction.

Deals & Cases

September 11, 2023

Amgen Successfully Defends Against FTC Challenge, Securing Clearance for its $27.8 Billion Acquisition of Horizon Therapeutics

Cravath represented Amgen, one of the world’s largest biopharmaceutical companies, in successfully defending against a Federal Trade Commission (“FTC”) challenge to Amgen’s pending $27.8 billion acquisition of Horizon Therapeutics (“Horizon”)—securing a consent order on September 1, 2023 that The Wall Street Journal described as “a rare instance” of the FTC “throwing in the towel on litigation.”

Accolades

September 08, 2023

Cravath Team Named “Litigators of the Week” by The Am Law Litigation Daily for Successful Defense of Amgen Against FTC’s Challenge to Acquisition of Horizon Therapeutics

On September 8, 2023, The Am Law Litigation Daily featured a Cravath team, led by partners David R. Marriott, Timothy G. Cameron and Daniel K. Zach and of counsel Jesse M. Weiss, as “Litigators of the Week” for its successful defense of Amgen, one of the world’s largest biopharmaceutical companies, against a Federal Trade Commission (“FTC”) challenge to Amgen’s pending $27.8 billion acquisition of Horizon Therapeutics (“Horizon”)—securing a consent order on September 1, 2023 that ends all litigation and clears the path for the transaction to close.

Firm News

January 18, 2022

Cravath Announces New Of Counsel

On December 21, 2021, Cravath elected Jesse M. Weiss and Michael J. Zaken as of counsel of the Firm.

Jesse M. Weiss has a broad litigation practice, with a particular focus on antitrust, including antitrust counseling, regulatory work and antitrust litigation.

Recent representative matters include:

  • Representation of Illumina in an administrative challenge brought by the Federal Trade Commission (FTC) concerning Illumina’s $8 billion acquisition of GRAIL, a healthcare company developing a cancer screening test for 50 cancer types. In September 2022, the FTC’s Chief Administrative Law Judge ruled in favor of Illumina and rejected the FTC’s challenge to the merger.
  • Representation of Tesla in consolidated putative class action antitrust litigation alleging Tesla has monopolized access to parts and services needed to repair its vehicles, and that the company’s actions have resulted in delays and supracompetitive pricing for Tesla vehicle maintenance.

  • Representation of Amgen in successfully defending against an FTC challenge to Amgen’s pending $27.8 billion acquisition of Horizon Therapeutics, the largest in Amgen’s history. In September 2023, Amgen secured a consent order that ended all litigation and cleared the path for the deal to close.

  • Representation of Altra Industrial Motion Corp. on antitrust issues in connection with its $5 billion acquisition by Regal Rexnord Corporation.

  • Representation of Atlas Air Worldwide Holdings on antitrust issues in connection with its $5.2 billion acquisition by an investor group led by funds managed by affiliates of Apollo Global Management.

  • Representation of American Express (“AmEx”) in several antitrust litigations in the U.S. District Court for the Eastern District of New York. Mr. Weiss previously represented AmEx in a civil action brought by the Department of Justice and 17 state attorneys general. The case culminated in a nearly two‑month bench trial in 2014, which was followed by successful appeals in favor of AmEx in both the Second Circuit and the Supreme Court.
  • Representation of Barrick Gold Corporation in connection with the formation of a joint venture with Newmont Mining Corporation to combine their respective mining operations, assets, reserves and talent in Nevada.
  • Representation of Orbotech Ltd. in connection with its $3.4 billion acquisition by KLA-Tencor Corporation.
  • Representation of AveXis, Inc. in connection with its $8.7 billion acquisition by Novartis AG.
  • Representation of Alere Inc. in connection with its $8 billion sale to Abbott Laboratories.
  • Representation of Cameron International Corporation in connection with its $15 billion acquisition by Schlumberger Limited.
  • Representation of Delhaize Group in connection with its $29 billion merger with Royal Ahold N.V.
  • Representation of H.J. Heinz Company and 3G Capital in connection with Heinz’s $60 billion merger with Kraft Foods Group to form The Kraft Heinz Company.
  • Representation of RELX Group in connection with its acquisition of Aries Systems, its acquisition of Safe Banking Systems, its acquisition of ThreatMetrix, its acquisition of bepress, and its acquisition of Appriss’s Crash and Project business group.

Mr. Weiss was a contributing author of the Mergers and Acquisitions chapter of the American Bar Association’s eighth (2017) and ninth (2022) editions of Antitrust Law Developments and the Mergers and Acquisitions chapter of the Annual Review of Antitrust Law Developments from 2018 through 2022.

Mr. Weiss was born in New York City. He received a B.A. from the University of Maryland in 2003 and a J.D. magna cum laude from Georgetown University Law Center in 2008. He joined Cravath in 2008 and was elected of counsel in 2021. Mr. Weiss is admitted to practice before the U.S. District Courts for the Eastern District of New York and the Southern District of New York.

Recent representative matters include:

  • Representation of Illumina in an administrative challenge brought by the Federal Trade Commission (FTC) concerning Illumina’s $8 billion acquisition of GRAIL, a healthcare company developing a cancer screening test for 50 cancer types. In September 2022, the FTC’s Chief Administrative Law Judge ruled in favor of Illumina and rejected the FTC’s challenge to the merger.
  • Representation of Tesla in consolidated putative class action antitrust litigation alleging Tesla has monopolized access to parts and services needed to repair its vehicles, and that the company’s actions have resulted in delays and supracompetitive pricing for Tesla vehicle maintenance.

  • Representation of Amgen in successfully defending against an FTC challenge to Amgen’s pending $27.8 billion acquisition of Horizon Therapeutics, the largest in Amgen’s history. In September 2023, Amgen secured a consent order that ended all litigation and cleared the path for the deal to close.

  • Representation of Altra Industrial Motion Corp. on antitrust issues in connection with its $5 billion acquisition by Regal Rexnord Corporation.

  • Representation of Atlas Air Worldwide Holdings on antitrust issues in connection with its $5.2 billion acquisition by an investor group led by funds managed by affiliates of Apollo Global Management.

  • Representation of American Express (“AmEx”) in several antitrust litigations in the U.S. District Court for the Eastern District of New York. Mr. Weiss previously represented AmEx in a civil action brought by the Department of Justice and 17 state attorneys general. The case culminated in a nearly two‑month bench trial in 2014, which was followed by successful appeals in favor of AmEx in both the Second Circuit and the Supreme Court.
  • Representation of Barrick Gold Corporation in connection with the formation of a joint venture with Newmont Mining Corporation to combine their respective mining operations, assets, reserves and talent in Nevada.
  • Representation of Orbotech Ltd. in connection with its $3.4 billion acquisition by KLA-Tencor Corporation.
  • Representation of AveXis, Inc. in connection with its $8.7 billion acquisition by Novartis AG.
  • Representation of Alere Inc. in connection with its $8 billion sale to Abbott Laboratories.
  • Representation of Cameron International Corporation in connection with its $15 billion acquisition by Schlumberger Limited.
  • Representation of Delhaize Group in connection with its $29 billion merger with Royal Ahold N.V.
  • Representation of H.J. Heinz Company and 3G Capital in connection with Heinz’s $60 billion merger with Kraft Foods Group to form The Kraft Heinz Company.
  • Representation of RELX Group in connection with its acquisition of Aries Systems, its acquisition of Safe Banking Systems, its acquisition of ThreatMetrix, its acquisition of bepress, and its acquisition of Appriss’s Crash and Project business group.

Mr. Weiss was a contributing author of the Mergers and Acquisitions chapter of the American Bar Association’s eighth (2017) and ninth (2022) editions of Antitrust Law Developments and the Mergers and Acquisitions chapter of the Annual Review of Antitrust Law Developments from 2018 through 2022.

Mr. Weiss was born in New York City. He received a B.A. from the University of Maryland in 2003 and a J.D. magna cum laude from Georgetown University Law Center in 2008. He joined Cravath in 2008 and was elected of counsel in 2021. Mr. Weiss is admitted to practice before the U.S. District Courts for the Eastern District of New York and the Southern District of New York.

Education

  • J.D., 2008, Georgetown University Law Center
    magna cum laude
  • B.A., 2003, University of Maryland

Admitted In

  • New York

Professional Affiliations

American Bar Association

New York City Bar Association

Deals & Cases

October 02, 2023

Cisco’s Proposed Acquisition of Splunk

On September 21, 2023, Cisco, a leading global technology company, and Splunk, a cybersecurity and observability leader, announced a definitive agreement under which Cisco intends to acquire Splunk for $157 per share in cash, representing approximately $28 billion in equity value. Cravath is representing Cisco on regulatory matters in connection with the transaction.

Deals & Cases

September 19, 2023

Lindsay Goldberg’s Acquisition of The Kleinfelder Group

On September 19, 2023, affiliates of private investment firm Lindsay Goldberg, in partnership with the company’s management, announced the completion of an investment in The Kleinfelder Group, a leading engineering, design, construction management, construction materials inspection and testing, and environmental professional services firm. Cravath is representing Lindsay Goldberg in connection with the transaction.

Deals & Cases

September 18, 2023

OMERS Private Equity’s Acquisition of Knight Commercial

On September 18, 2023, OMERS Private Equity announced the signing of a definitive agreement to acquire a majority stake in Knight Commercial, a leading provider of commercial restoration services. Cravath is representing OMERS Private Equity in connection with the transaction.

Deals & Cases

September 12, 2023

WestRock’s $20 Billion Combination with Smurfit Kappa to Create Global Leader in Sustainable Packaging

On September 12, 2023, the Boards of WestRock and Smurfit Kappa announced the signing of a definitive transaction agreement to create Smurfit WestRock, a global leader in sustainable packaging. Together, Smurfit Kappa and WestRock generated combined last twelve months’ adjusted annual revenue of approximately $34 billion as of June 30, 2023. Cravath is representing WestRock in connection with the transaction.

Deals & Cases

September 11, 2023

Amgen Successfully Defends Against FTC Challenge, Securing Clearance for its $27.8 Billion Acquisition of Horizon Therapeutics

Cravath represented Amgen, one of the world’s largest biopharmaceutical companies, in successfully defending against a Federal Trade Commission (“FTC”) challenge to Amgen’s pending $27.8 billion acquisition of Horizon Therapeutics (“Horizon”)—securing a consent order on September 1, 2023 that The Wall Street Journal described as “a rare instance” of the FTC “throwing in the towel on litigation.”

Accolades

September 08, 2023

Cravath Team Named “Litigators of the Week” by The Am Law Litigation Daily for Successful Defense of Amgen Against FTC’s Challenge to Acquisition of Horizon Therapeutics

On September 8, 2023, The Am Law Litigation Daily featured a Cravath team, led by partners David R. Marriott, Timothy G. Cameron and Daniel K. Zach and of counsel Jesse M. Weiss, as “Litigators of the Week” for its successful defense of Amgen, one of the world’s largest biopharmaceutical companies, against a Federal Trade Commission (“FTC”) challenge to Amgen’s pending $27.8 billion acquisition of Horizon Therapeutics (“Horizon”)—securing a consent order on September 1, 2023 that ends all litigation and clears the path for the transaction to close.

Firm News

January 18, 2022

Cravath Announces New Of Counsel

On December 21, 2021, Cravath elected Jesse M. Weiss and Michael J. Zaken as of counsel of the Firm.

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