Michael J.
Zaken

On April 30, 2025, the U.S. District Court for the Northern District of California granted Cravath client Epic Games, Inc.’s (“Epic”) motion to enforce a nationwide permanent injunction against Apple, Inc.’s (“Apple”) anti‑steering policies for in‑app payments. Epic secured the injunction to restrain and prohibit Apple’s anticompetitive conduct and fees, following a three‑week bench trial in May 2021, in which Cravath also represented Epic. In its April decision, the Court ruled that Apple was in willful violation of the 2021 injunction, having thwarted the injunction’s goals and continued its anticompetitive conduct. The Court noted that “Apple willfully chose not to comply with this Court’s Injunction. It did so with the express intent to create new anticompetitive barriers which would, by design and in effect, maintain a valued revenue stream; a revenue stream previously found to be anticompetitive. That it thought this Court would tolerate such insubordination was a gross miscalculation.” As a result, the Court enjoined Apple from implementing its new restrictions and fees that violated the injunction, effective immediately.

On October 31, 2024, Sterling Check Corp. announced the closing of its acquisition by First Advantage Corporation, with a transaction value of approximately $2.2 billion. Sterling and First Advantage are both global providers of technology‑enabled background and identity verification services. As publicly announced, the companies entered a merger agreement on February 29, 2024, and received second requests from the Department of Justice on May 28, 2024. The parties announced the satisfaction of regulatory closing conditions on October 29, 2024. Cravath represented Sterling on all antitrust matters in connection with the transaction.

On October 7, 2024, the U.S. District Court for the Northern District of California entered a post‑trial order in favor of Cravath client Epic Games imposing a nationwide three‑year permanent injunction against Google. The injunction, which follows Epic’s jury trial win against Google last year, prohibits Google from paying competitors not to compete and requires Google to distribute alternative app stores on the Google Play Store and provide alternative app stores with access to the Google Play Store’s catalog of apps.

On June 24, 2024, Illumina, Inc. (“Illumina”), a global leader in DNA sequencing and array-based technologies, announced the successful completion of the spin-off of GRAIL, a healthcare company whose mission is to detect cancer early. This follows Illumina’s previously announced plans to divest GRAIL, and GRAIL is now a public and independent company. The separation was achieved through the distribution of 85.5% of the outstanding shares of GRAIL to holders of Illumina common stock on June 24, 2024. In addition to retaining their shares of Illumina common stock, Illumina shareholders received one share of GRAIL common stock for every six shares of Illumina stock held as of close of business on the record date of June 13, 2024. Illumina retained 14.5% of the outstanding shares of GRAIL common stock. Cravath represented Illumina in connection with the transaction.

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.

On October 15, 2024, Cravath prepared a memo for its clients entitled “FTC Issues Final HSR Rules.” The memo examines the Federal Trade Commission and the Department of Justice Antitrust Division’s final version of the new Hart‑Scott‑Rodino (HSR) rules, which modify the initial proposed rules released in June 2023. The memo summarizes the HSR rules, which require parties to inform the agencies of proposed acquisitions through a filing process, including notable changes from the current and proposed rules and their implications for filing parties.

On September 4, 2024, Cravath partner Michael J. Zaken was named by Global Competition Review to its 2024 “40 Under 40” list, which recognizes “the next generation of leading antitrust practitioners.” In a Q&A feature associated with the accolade, Michael discussed his recent work for client Epic Games in an antitrust trial victory against Google, as well as the crucial influence on his legal career of Cravath partners Christine A. Varney and Gary A. Bornstein. Reflecting on his advice for junior lawyers, Michael emphasized the importance of “diving headlong into your cases” and learning every fact about the industry, which makes you “an indispensable resource to the firm and to the client.”

Cravath partners Helam Gebremariam, Sharonmoyee Goswami, Lauren R. Kennedy, David H. Korn, Lauren M. Rosenberg, Brittany L. Sukiennik and Michael J. Zaken were named by Benchmark Litigation to its 2024 “40 & Under List.” The list honors the “the top emerging talent in litigation” of 40 years old and under and was compiled through a process involving peer and client review, along with examination of individual cases.

On December 22, 2023, Cravath prepared a memo for its clients entitled “Merger Guidelines Issued by FTC and DOJ.” The memo examines the Federal Trade Commission and the Department of Justice Antitrust Division’s finalized Merger Guidelines, which modify the draft guidelines released in July and replace the 2010 Horizontal Merger Guidelines and the 2020 Vertical Merger Guidelines. The memo outlines the new guidelines and the additional changes made in finalizing them.

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.