Four Decades for Justice
Justin C. Clarke focuses on mergers and acquisitions litigation, securities litigation, antitrust litigation and general commercial litigation. His clients have included American Express, Bacardi Limited, Deutsche Telekom, Epic Games, Mylan, Precision Castparts, Qualcomm, Starz Entertainment and The Williams Companies.
Some of Mr. Clarke’s recent representative matters include:
Representing Qualcomm and certain of its directors and officers in a consolidated shareholder securities class action suit in California federal court filed in the wake of antitrust investigations and litigation concerning the company’s patent licensing and modem chipset businesses.
Representing a subsidiary of SPI Group in connection with litigation filed by Brad Pitt seeking to invalidate its acquisition of a 50% interest in Château Miraval, a leading wine producer located in the south of France that was formerly jointly owned by Mr. Pitt and Angelina Jolie.
Representing Convey Health, a leading technology‑enabled healthcare solutions provider, and certain of its directors and officers in connection with pending fiduciary duty litigation in the Delaware Court of Chancery challenging the acquisition by TPG Global of all outstanding public shares of Convey stock at an implied enterprise value of $1.1 billion.
Secured a favorable settlement for Goosehead Insurance in purported class action stockholder litigation filed in the Delaware Court of Chancery, which alleged that Goosehead has entered into a set of arrangements that usurp the authority of the Board of Directors, in violation of Delaware law.
Represented affiliates of Bacardi, including Empire Investments, in actions brought by SCLiquor LLC (“SC”), which is majority‑owned by rapper Shawn “Jay‑Z” Carter, in the Delaware Court of Chancery and other state and federal courts related to SC’s exercise of a put option with respect to its 50% ownership interest in D’Ussé, a popular cognac brand. In February 2023, Bacardi acquired a majority interest in D’Ussé in an agreement that also settled all disputes between the parties.
Secured a precedential Ninth Circuit decision in favor of Starz Entertainment in a copyright infringement and breach of contract action against MGM Domestic Television. The decision affirmed a California district court’s holding that the Copyright Act did not impose a time-based bar on damages for copyright infringement claims separate from the three-year statute of limitations.
Mr. Clarke has been named by Benchmark Litigation as a “Future Star” and repeatedly included on its “40 & Under List,” which recognizes the “best and brightest litigators across the US and Canada.” He was also recognized by The Legal 500 US for his work in financial services litigation, general commercial and M&A litigation. Mr. Clarke has also been included in Lawdragon’s “500 Leading Litigators in America” and “500 X – The Next Generation” lists.
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.
Mr. Clarke joined Cravath as a summer associate in 2010. Following his graduation from law school, he served as a law clerk to Hon. Amalya L. Kearse of the U.S. Court of Appeals for the Second Circuit. He returned to Cravath in 2012 and was elected a partner in 2019.
Some of Mr. Clarke’s recent representative matters include:
Representing Qualcomm and certain of its directors and officers in a consolidated shareholder securities class action suit in California federal court filed in the wake of antitrust investigations and litigation concerning the company’s patent licensing and modem chipset businesses.
Representing a subsidiary of SPI Group in connection with litigation filed by Brad Pitt seeking to invalidate its acquisition of a 50% interest in Château Miraval, a leading wine producer located in the south of France that was formerly jointly owned by Mr. Pitt and Angelina Jolie.
Representing Convey Health, a leading technology‑enabled healthcare solutions provider, and certain of its directors and officers in connection with pending fiduciary duty litigation in the Delaware Court of Chancery challenging the acquisition by TPG Global of all outstanding public shares of Convey stock at an implied enterprise value of $1.1 billion.
Secured a favorable settlement for Goosehead Insurance in purported class action stockholder litigation filed in the Delaware Court of Chancery, which alleged that Goosehead has entered into a set of arrangements that usurp the authority of the Board of Directors, in violation of Delaware law.
Represented affiliates of Bacardi, including Empire Investments, in actions brought by SCLiquor LLC (“SC”), which is majority‑owned by rapper Shawn “Jay‑Z” Carter, in the Delaware Court of Chancery and other state and federal courts related to SC’s exercise of a put option with respect to its 50% ownership interest in D’Ussé, a popular cognac brand. In February 2023, Bacardi acquired a majority interest in D’Ussé in an agreement that also settled all disputes between the parties.
Secured a precedential Ninth Circuit decision in favor of Starz Entertainment in a copyright infringement and breach of contract action against MGM Domestic Television. The decision affirmed a California district court’s holding that the Copyright Act did not impose a time-based bar on damages for copyright infringement claims separate from the three-year statute of limitations.
Mr. Clarke has been named by Benchmark Litigation as a “Future Star” and repeatedly included on its “40 & Under List,” which recognizes the “best and brightest litigators across the US and Canada.” He was also recognized by The Legal 500 US for his work in financial services litigation, general commercial and M&A litigation. Mr. Clarke has also been included in Lawdragon’s “500 Leading Litigators in America” and “500 X – The Next Generation” lists.
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.
Mr. Clarke joined Cravath as a summer associate in 2010. Following his graduation from law school, he served as a law clerk to Hon. Amalya L. Kearse of the U.S. Court of Appeals for the Second Circuit. He returned to Cravath in 2012 and was elected a partner in 2019.
Benchmark Litigation
Lawdragon
The Legal 500 US
Deals & Cases
December 19, 2023
On December 11, 2023, a jury unanimously ruled in favor of Cravath client Epic Games (“Epic”) on all counts in its closely watched antitrust case against Google in the U.S. District Court for the Northern District of California, determining—after a multiweek trial—that Google has engaged in anticompetitive behavior in the distribution of mobile apps and in the handling of in‑app payments.
Deals & Cases
September 21, 2023
On September 19, 2023, the U.S. Court of Appeals for the Second Circuit vacated a district court’s order denying class certification to all children who are or will be in the custody of New York City’s foster care system. Cravath, working on a pro bono basis, represents the putative class alongside co‑counsel at A Better Childhood (“ABC”).
Deals & Cases
August 08, 2023
On August 8, 2023, EchoStar Corporation and DISH Network Corporation (“DISH Network”) announced they have entered into a definitive agreement for DISH Network to combine with EchoStar Corporation in an approximately $6 billion all-stock merger. Cravath is representing the Special Committee of the Board of Directors of EchoStar Corporation in connection with the transaction.
Deals & Cases
July 14, 2022
On July 14, 2022, the U.S. Court of Appeals for the Ninth Circuit issued a precedential decision affirming the U.S. District Court for the Central District of California’s holding that the Copyright Act did not impose a time‑based bar on damages for copyright infringement claims separate from the three‑year statute of limitations and that, therefore, the copyright infringement claims brought by Cravath client Starz Entertainment, LLC (“Starz”) were timely.
Activities & Publications
February 16, 2024
On February 15, 2024, Cravath partners John W. White, Justin C. Clarke and Michael L. Arnold participated in the 40th Annual Federal Securities Institute, which was hosted by the Business Law Section of the Florida Bar in Tampa, Florida from February 15‑16, 2024. John moderated a panel entitled “Evolving Accounting Focal Points in 2024: Lawyers Advising Public Companies Be Alert!” Justin moderated a panel entitled “Private Securities Litigation – 2024 Developments and Trends.” Michael spoke on a panel entitled “Activism in UPC’s Sophomore Year: What to Expect.”
Accolades
December 19, 2023
On December 15, 2023, The Am Law Litigation Daily featured a Cravath team, led by partners Gary A. Bornstein, Lauren A. Moskowitz and Yonatan Even, as “Litigators of the Week” for its representation of client Epic Games in an antitrust trial win against Google in the U.S. District Court for the Northern District of California. Following a multi‑week trial, on December 11, 2023, a jury unanimously ruled in Epic Games’ favor on all counts, determining that Google has engaged in anticompetitive behavior in the distribution of mobile apps and in the handling of in‑app payments.
Activities & Publications
March 07, 2023
On March 2, 2023, Cravath partners John W. White, Ting S. Chen, Justin C. Clarke and Michael L. Arnold participated in the 39th Annual Federal Securities Institute, which was hosted by the Business Law Section of the Florida Bar in Miami, Florida from March 2‑3, 2023. John moderated a panel entitled “Accounting in 2023: What Lawyers Should Focus On.” Ting spoke on a panel entitled “Public Company M&A: Turbulent Waters.” Justin spoke on a panel entitled “Private Securities Litigation – Is this a State of Upheaval?” Michael spoke on a panel entitled “Shareholder Activism.”
Accolades
July 27, 2022
Cravath partners Margaret T. Segall, Vanessa A. Lavely, Lauren R. Kennedy, Michael P. Addis, Justin C. Clarke, Sharonmoyee Goswami, Lauren M. Rosenberg, Helam Gebremariam, David H. Korn and Brittany L. Sukiennik were named by Benchmark Litigation to its 2022 “40 & Under List.” The list honors the achievements of the nation’s most accomplished litigators of 40 years old and under who have worked on high stakes and precedent setting cases. The list was compiled through a process involving peer and client review, along with examination of individual cases.
Justin C. Clarke focuses on mergers and acquisitions litigation, securities litigation, antitrust litigation and general commercial litigation. His clients have included American Express, Bacardi Limited, Deutsche Telekom, Epic Games, Mylan, Precision Castparts, Qualcomm, Starz Entertainment and The Williams Companies.
Some of Mr. Clarke’s recent representative matters include:
Representing Qualcomm and certain of its directors and officers in a consolidated shareholder securities class action suit in California federal court filed in the wake of antitrust investigations and litigation concerning the company’s patent licensing and modem chipset businesses.
Representing a subsidiary of SPI Group in connection with litigation filed by Brad Pitt seeking to invalidate its acquisition of a 50% interest in Château Miraval, a leading wine producer located in the south of France that was formerly jointly owned by Mr. Pitt and Angelina Jolie.
Representing Convey Health, a leading technology‑enabled healthcare solutions provider, and certain of its directors and officers in connection with pending fiduciary duty litigation in the Delaware Court of Chancery challenging the acquisition by TPG Global of all outstanding public shares of Convey stock at an implied enterprise value of $1.1 billion.
Secured a favorable settlement for Goosehead Insurance in purported class action stockholder litigation filed in the Delaware Court of Chancery, which alleged that Goosehead has entered into a set of arrangements that usurp the authority of the Board of Directors, in violation of Delaware law.
Represented affiliates of Bacardi, including Empire Investments, in actions brought by SCLiquor LLC (“SC”), which is majority‑owned by rapper Shawn “Jay‑Z” Carter, in the Delaware Court of Chancery and other state and federal courts related to SC’s exercise of a put option with respect to its 50% ownership interest in D’Ussé, a popular cognac brand. In February 2023, Bacardi acquired a majority interest in D’Ussé in an agreement that also settled all disputes between the parties.
Secured a precedential Ninth Circuit decision in favor of Starz Entertainment in a copyright infringement and breach of contract action against MGM Domestic Television. The decision affirmed a California district court’s holding that the Copyright Act did not impose a time-based bar on damages for copyright infringement claims separate from the three-year statute of limitations.
Mr. Clarke has been named by Benchmark Litigation as a “Future Star” and repeatedly included on its “40 & Under List,” which recognizes the “best and brightest litigators across the US and Canada.” He was also recognized by The Legal 500 US for his work in financial services litigation, general commercial and M&A litigation. Mr. Clarke has also been included in Lawdragon’s “500 Leading Litigators in America” and “500 X – The Next Generation” lists.
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.
Mr. Clarke joined Cravath as a summer associate in 2010. Following his graduation from law school, he served as a law clerk to Hon. Amalya L. Kearse of the U.S. Court of Appeals for the Second Circuit. He returned to Cravath in 2012 and was elected a partner in 2019.
Some of Mr. Clarke’s recent representative matters include:
Representing Qualcomm and certain of its directors and officers in a consolidated shareholder securities class action suit in California federal court filed in the wake of antitrust investigations and litigation concerning the company’s patent licensing and modem chipset businesses.
Representing a subsidiary of SPI Group in connection with litigation filed by Brad Pitt seeking to invalidate its acquisition of a 50% interest in Château Miraval, a leading wine producer located in the south of France that was formerly jointly owned by Mr. Pitt and Angelina Jolie.
Representing Convey Health, a leading technology‑enabled healthcare solutions provider, and certain of its directors and officers in connection with pending fiduciary duty litigation in the Delaware Court of Chancery challenging the acquisition by TPG Global of all outstanding public shares of Convey stock at an implied enterprise value of $1.1 billion.
Secured a favorable settlement for Goosehead Insurance in purported class action stockholder litigation filed in the Delaware Court of Chancery, which alleged that Goosehead has entered into a set of arrangements that usurp the authority of the Board of Directors, in violation of Delaware law.
Represented affiliates of Bacardi, including Empire Investments, in actions brought by SCLiquor LLC (“SC”), which is majority‑owned by rapper Shawn “Jay‑Z” Carter, in the Delaware Court of Chancery and other state and federal courts related to SC’s exercise of a put option with respect to its 50% ownership interest in D’Ussé, a popular cognac brand. In February 2023, Bacardi acquired a majority interest in D’Ussé in an agreement that also settled all disputes between the parties.
Secured a precedential Ninth Circuit decision in favor of Starz Entertainment in a copyright infringement and breach of contract action against MGM Domestic Television. The decision affirmed a California district court’s holding that the Copyright Act did not impose a time-based bar on damages for copyright infringement claims separate from the three-year statute of limitations.
Mr. Clarke has been named by Benchmark Litigation as a “Future Star” and repeatedly included on its “40 & Under List,” which recognizes the “best and brightest litigators across the US and Canada.” He was also recognized by The Legal 500 US for his work in financial services litigation, general commercial and M&A litigation. Mr. Clarke has also been included in Lawdragon’s “500 Leading Litigators in America” and “500 X – The Next Generation” lists.
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.
Mr. Clarke joined Cravath as a summer associate in 2010. Following his graduation from law school, he served as a law clerk to Hon. Amalya L. Kearse of the U.S. Court of Appeals for the Second Circuit. He returned to Cravath in 2012 and was elected a partner in 2019.
Benchmark Litigation
Lawdragon
The Legal 500 US
Deals & Cases
December 19, 2023
On December 11, 2023, a jury unanimously ruled in favor of Cravath client Epic Games (“Epic”) on all counts in its closely watched antitrust case against Google in the U.S. District Court for the Northern District of California, determining—after a multiweek trial—that Google has engaged in anticompetitive behavior in the distribution of mobile apps and in the handling of in‑app payments.
Deals & Cases
September 21, 2023
On September 19, 2023, the U.S. Court of Appeals for the Second Circuit vacated a district court’s order denying class certification to all children who are or will be in the custody of New York City’s foster care system. Cravath, working on a pro bono basis, represents the putative class alongside co‑counsel at A Better Childhood (“ABC”).
Deals & Cases
August 08, 2023
On August 8, 2023, EchoStar Corporation and DISH Network Corporation (“DISH Network”) announced they have entered into a definitive agreement for DISH Network to combine with EchoStar Corporation in an approximately $6 billion all-stock merger. Cravath is representing the Special Committee of the Board of Directors of EchoStar Corporation in connection with the transaction.
Deals & Cases
July 14, 2022
On July 14, 2022, the U.S. Court of Appeals for the Ninth Circuit issued a precedential decision affirming the U.S. District Court for the Central District of California’s holding that the Copyright Act did not impose a time‑based bar on damages for copyright infringement claims separate from the three‑year statute of limitations and that, therefore, the copyright infringement claims brought by Cravath client Starz Entertainment, LLC (“Starz”) were timely.
Activities & Publications
February 16, 2024
On February 15, 2024, Cravath partners John W. White, Justin C. Clarke and Michael L. Arnold participated in the 40th Annual Federal Securities Institute, which was hosted by the Business Law Section of the Florida Bar in Tampa, Florida from February 15‑16, 2024. John moderated a panel entitled “Evolving Accounting Focal Points in 2024: Lawyers Advising Public Companies Be Alert!” Justin moderated a panel entitled “Private Securities Litigation – 2024 Developments and Trends.” Michael spoke on a panel entitled “Activism in UPC’s Sophomore Year: What to Expect.”
Accolades
December 19, 2023
On December 15, 2023, The Am Law Litigation Daily featured a Cravath team, led by partners Gary A. Bornstein, Lauren A. Moskowitz and Yonatan Even, as “Litigators of the Week” for its representation of client Epic Games in an antitrust trial win against Google in the U.S. District Court for the Northern District of California. Following a multi‑week trial, on December 11, 2023, a jury unanimously ruled in Epic Games’ favor on all counts, determining that Google has engaged in anticompetitive behavior in the distribution of mobile apps and in the handling of in‑app payments.
Activities & Publications
March 07, 2023
On March 2, 2023, Cravath partners John W. White, Ting S. Chen, Justin C. Clarke and Michael L. Arnold participated in the 39th Annual Federal Securities Institute, which was hosted by the Business Law Section of the Florida Bar in Miami, Florida from March 2‑3, 2023. John moderated a panel entitled “Accounting in 2023: What Lawyers Should Focus On.” Ting spoke on a panel entitled “Public Company M&A: Turbulent Waters.” Justin spoke on a panel entitled “Private Securities Litigation – Is this a State of Upheaval?” Michael spoke on a panel entitled “Shareholder Activism.”
Accolades
July 27, 2022
Cravath partners Margaret T. Segall, Vanessa A. Lavely, Lauren R. Kennedy, Michael P. Addis, Justin C. Clarke, Sharonmoyee Goswami, Lauren M. Rosenberg, Helam Gebremariam, David H. Korn and Brittany L. Sukiennik were named by Benchmark Litigation to its 2022 “40 & Under List.” The list honors the achievements of the nation’s most accomplished litigators of 40 years old and under who have worked on high stakes and precedent setting cases. The list was compiled through a process involving peer and client review, along with examination of individual cases.
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