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Four Decades for Justice

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Michael J.
Zaken

Partner, Litigation

mzaken@cravath.com
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Michael J. Zaken has a broad litigation practice, with a particular focus on antitrust, bankruptcy, class action defense, commercial disputes and intellectual property, as well as antitrust advisory and other advisory work. Mr. Zaken has represented a wide range of clients, including Alarm.com, British American Tobacco, Epic Games, Illumina, Louis Dreyfus, PG&E, Qualcomm and Westpac Banking Corporation.

Mr. Zaken’s representative matters include:

  • Representing 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.
  • Representing Louis Dreyfus, a leading international merchant and processor of agricultural goods, and its subsidiary Imperial Sugar Company in an action brought by the DOJ in Delaware federal court seeking to enjoin U.S. Sugar’s proposed acquisition of Imperial Sugar from Louis Dreyfus. In September 2022, the court ruled in favor of the defendants, denying the DOJ’s request for an injunction to block the acquisition, and the Third Circuit unanimously affirmed the ruling in July 2023.
  • Representing Epic Games in two separate antitrust actions against Apple and Google, alleging anticompetitive behavior in the distribution of mobile apps and the handling of in‑app payments.
  • Representation of Qualcomm Incorporated in numerous high stakes disputes and investigations around the world, including:
    • FTC v. Qualcomm Incorporated:  A suit filed by the FTC in California federal court alleging violations of Section 5 of the FTC Act and seeking a permanent injunction against Qualcomm. In August 2020, in a complete defense victory for Qualcomm, the Ninth Circuit unanimously reversed the district court’s prior judgment and vacated a permanent, worldwide injunction that had prohibited several of Qualcomm’s core business practices.
    • Apple Inc. v. Qualcomm Incorporated: An action filed by Apple against Qualcomm in California federal court. Following opening statements at trial in April 2019, the parties reached a global settlement that includes a payment from Apple to Qualcomm; the companies also reached a six year license agreement and a multi‑year chipset supply agreement.
  • Represented PG&E in hundreds of lawsuits, including numerous putative class actions, filed against the company arising out of the unprecedented 2017 and 2018 California wildfires—one of the largest and most complex sets of mass tort litigation in recent years—and helped to steer the company through the largest utility bankruptcy in U.S. history.

  • Represented Alarm.com in a patent infringement action relating to interactive security and home automation technology, including petitions for inter partes review of the asserted patents.

  • Represented British American Tobacco before the North Carolina Supreme Court in putative class action litigation arising out of Reynolds American Inc.’s $27.6 billion acquisition of Lorillard, winning a decision that overturned the state’s Court of Appeals and dismissed the suit.
  • Represented Westpac Banking Corporation in a putative class action asserting, inter alia, antitrust, Racketeer Influenced and Corrupt Organizations Act (RICO) and Commodity Exchange Act claims premised upon alleged manipulation of the Australian Bank Bill Swap Reference Rate (“BBSW”). Mr. Zaken also represented Westpac in a separate putative class action securities litigation concerning the reporting of over 19.5 million international funds transfer instructions to the Australian Transaction Reports and Analysis Centre (“AUSTRAC”), contrary to Australian law.

  • Represented a German parent company and its U.S. subsidiary in connection with litigation and an investigation involving entities and subsidiaries in Germany, the U.S. and Brazil.

Mr. Zaken is from New York City. He received a B.A. cum laude from Columbia College in 2011 and a J.D. from Columbia Law School in 2014, where he was a James Kent Scholar, a Harlan Fiske Stone Scholar, a member of the Moot Court and served as the Managing Editor of the Journal of Law and the Arts.

Mr. Zaken joined Cravath in 2014 and was elected a partner in 2022.

Mr. Zaken’s representative matters include:

  • Representing 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.
  • Representing Louis Dreyfus, a leading international merchant and processor of agricultural goods, and its subsidiary Imperial Sugar Company in an action brought by the DOJ in Delaware federal court seeking to enjoin U.S. Sugar’s proposed acquisition of Imperial Sugar from Louis Dreyfus. In September 2022, the court ruled in favor of the defendants, denying the DOJ’s request for an injunction to block the acquisition, and the Third Circuit unanimously affirmed the ruling in July 2023.
  • Representing Epic Games in two separate antitrust actions against Apple and Google, alleging anticompetitive behavior in the distribution of mobile apps and the handling of in‑app payments.
  • Representation of Qualcomm Incorporated in numerous high stakes disputes and investigations around the world, including:
    • FTC v. Qualcomm Incorporated:  A suit filed by the FTC in California federal court alleging violations of Section 5 of the FTC Act and seeking a permanent injunction against Qualcomm. In August 2020, in a complete defense victory for Qualcomm, the Ninth Circuit unanimously reversed the district court’s prior judgment and vacated a permanent, worldwide injunction that had prohibited several of Qualcomm’s core business practices.
    • Apple Inc. v. Qualcomm Incorporated: An action filed by Apple against Qualcomm in California federal court. Following opening statements at trial in April 2019, the parties reached a global settlement that includes a payment from Apple to Qualcomm; the companies also reached a six year license agreement and a multi‑year chipset supply agreement.
  • Represented PG&E in hundreds of lawsuits, including numerous putative class actions, filed against the company arising out of the unprecedented 2017 and 2018 California wildfires—one of the largest and most complex sets of mass tort litigation in recent years—and helped to steer the company through the largest utility bankruptcy in U.S. history.

  • Represented Alarm.com in a patent infringement action relating to interactive security and home automation technology, including petitions for inter partes review of the asserted patents.

  • Represented British American Tobacco before the North Carolina Supreme Court in putative class action litigation arising out of Reynolds American Inc.’s $27.6 billion acquisition of Lorillard, winning a decision that overturned the state’s Court of Appeals and dismissed the suit.
  • Represented Westpac Banking Corporation in a putative class action asserting, inter alia, antitrust, Racketeer Influenced and Corrupt Organizations Act (RICO) and Commodity Exchange Act claims premised upon alleged manipulation of the Australian Bank Bill Swap Reference Rate (“BBSW”). Mr. Zaken also represented Westpac in a separate putative class action securities litigation concerning the reporting of over 19.5 million international funds transfer instructions to the Australian Transaction Reports and Analysis Centre (“AUSTRAC”), contrary to Australian law.

  • Represented a German parent company and its U.S. subsidiary in connection with litigation and an investigation involving entities and subsidiaries in Germany, the U.S. and Brazil.

Mr. Zaken is from New York City. He received a B.A. cum laude from Columbia College in 2011 and a J.D. from Columbia Law School in 2014, where he was a James Kent Scholar, a Harlan Fiske Stone Scholar, a member of the Moot Court and served as the Managing Editor of the Journal of Law and the Arts.

Mr. Zaken joined Cravath in 2014 and was elected a partner in 2022.

Education

  • J.D., 2014, Columbia Law School
    James Kent Scholar, Harlan Fiske Stone Scholar
  • B.A., 2011, Columbia College
    cum laude

Admitted In

  • New York

Rankings

Benchmark Litigation

  • 40 & Under List (2023)

Lawdragon

  • 500 Leading Litigators in America (2024)

Deals & Cases

July 14, 2023

Louis Dreyfus Company and Imperial Sugar Company Win Appellate Victory Over DOJ

On July 13, 2023, a three judge panel for the U.S. Court of Appeals for the Third Circuit ruled in favor of Cravath clients Louis Dreyfus Company LLC (“LDC”) and Imperial Sugar Company (“Imperial Sugar”) and unanimously affirmed an earlier decision by the U.S. District Court for the District of Delaware denying U.S. Department of Justice’s (“DOJ”) request for an injunction to block LDC’s sale of the assets and business of Imperial Sugar to U.S. Sugar.

Deals & Cases

September 23, 2022

Louis Dreyfus Company and Imperial Sugar Company Secure Major Antitrust Victory Over DOJ

On September 23, 2022, the U.S. District Court for the District of Delaware denied the U.S. Department of Justice’s request for an injunction blocking Louis Dreyfus Company LLC’s (“LDC”) sale of the assets and business of its subsidiary Imperial Sugar Company (“Imperial Sugar”) to U.S. Sugar. The District of Delaware’s decision in favor of the Defendants followed a four day trial in April 2022 and post-trial briefing submitted in May 2022.

Deals & Cases

September 02, 2022

Illumina Secures Unprecedented Antitrust Trial Win in FTC’s Challenge to GRAIL Acquisition

On September 1, 2022, Chief Administrative Law Judge D. Michael Chappell of the Federal Trade Commission (“FTC”) ruled in favor of Cravath client Illumina, rejecting the FTC’s challenge to Illumina’s $8 billion acquisition of GRAIL, which closed in August 2021.

Accolades

August 02, 2023

Benchmark Litigation Names 8 Partners to its 2023 “40 & Under List”

Cravath partners Michael P. Addis, 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 2023 “40 & Under List.” The list honors the achievements of the nation’s most accomplished litigators of 40 years old and under who are “leading high‑profile cases and building significant reputations in their respective practices.” The list was compiled through a process involving peer and client review, along with examination of individual cases.

Activities & Publications

July 28, 2023

New Merger Guidelines and Recent Merger-Related FTC and DOJ Announcements

On July 20, 2023, Cravath prepared a memo for its clients entitled “New Merger Guidelines and Recent Merger-Related FTC and DOJ Announcements.” The memo examines the Federal Trade Commission and the Department of Justice Antitrust Division’s recently proposed Merger Guidelines as well as recently proposed changes to the Hart-Scott-Rodino (HSR) filing process from the FTC and guidance concerning bank mergers from the DOJ. The memo outlines the thirteen Guidelines and their discussion of market definition, rebuttal evidence and approach to remedies. It also addresses what additional information the HSR filing proposals will require and summarizes Assistant Attorney General Jonathan Kanter’s recent speech concerning bank merger enforcement.

Firm News

November 16, 2022

Cravath Announces New Partners

Cravath has elected eight new partners.  They are:

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.

Michael J. Zaken has a broad litigation practice, with a particular focus on antitrust, bankruptcy, class action defense, commercial disputes and intellectual property, as well as antitrust advisory and other advisory work. Mr. Zaken has represented a wide range of clients, including Alarm.com, British American Tobacco, Epic Games, Illumina, Louis Dreyfus, PG&E, Qualcomm and Westpac Banking Corporation.

Mr. Zaken’s representative matters include:

  • Representing 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.
  • Representing Louis Dreyfus, a leading international merchant and processor of agricultural goods, and its subsidiary Imperial Sugar Company in an action brought by the DOJ in Delaware federal court seeking to enjoin U.S. Sugar’s proposed acquisition of Imperial Sugar from Louis Dreyfus. In September 2022, the court ruled in favor of the defendants, denying the DOJ’s request for an injunction to block the acquisition, and the Third Circuit unanimously affirmed the ruling in July 2023.
  • Representing Epic Games in two separate antitrust actions against Apple and Google, alleging anticompetitive behavior in the distribution of mobile apps and the handling of in‑app payments.
  • Representation of Qualcomm Incorporated in numerous high stakes disputes and investigations around the world, including:
    • FTC v. Qualcomm Incorporated:  A suit filed by the FTC in California federal court alleging violations of Section 5 of the FTC Act and seeking a permanent injunction against Qualcomm. In August 2020, in a complete defense victory for Qualcomm, the Ninth Circuit unanimously reversed the district court’s prior judgment and vacated a permanent, worldwide injunction that had prohibited several of Qualcomm’s core business practices.
    • Apple Inc. v. Qualcomm Incorporated: An action filed by Apple against Qualcomm in California federal court. Following opening statements at trial in April 2019, the parties reached a global settlement that includes a payment from Apple to Qualcomm; the companies also reached a six year license agreement and a multi‑year chipset supply agreement.
  • Represented PG&E in hundreds of lawsuits, including numerous putative class actions, filed against the company arising out of the unprecedented 2017 and 2018 California wildfires—one of the largest and most complex sets of mass tort litigation in recent years—and helped to steer the company through the largest utility bankruptcy in U.S. history.

  • Represented Alarm.com in a patent infringement action relating to interactive security and home automation technology, including petitions for inter partes review of the asserted patents.

  • Represented British American Tobacco before the North Carolina Supreme Court in putative class action litigation arising out of Reynolds American Inc.’s $27.6 billion acquisition of Lorillard, winning a decision that overturned the state’s Court of Appeals and dismissed the suit.
  • Represented Westpac Banking Corporation in a putative class action asserting, inter alia, antitrust, Racketeer Influenced and Corrupt Organizations Act (RICO) and Commodity Exchange Act claims premised upon alleged manipulation of the Australian Bank Bill Swap Reference Rate (“BBSW”). Mr. Zaken also represented Westpac in a separate putative class action securities litigation concerning the reporting of over 19.5 million international funds transfer instructions to the Australian Transaction Reports and Analysis Centre (“AUSTRAC”), contrary to Australian law.

  • Represented a German parent company and its U.S. subsidiary in connection with litigation and an investigation involving entities and subsidiaries in Germany, the U.S. and Brazil.

Mr. Zaken is from New York City. He received a B.A. cum laude from Columbia College in 2011 and a J.D. from Columbia Law School in 2014, where he was a James Kent Scholar, a Harlan Fiske Stone Scholar, a member of the Moot Court and served as the Managing Editor of the Journal of Law and the Arts.

Mr. Zaken joined Cravath in 2014 and was elected a partner in 2022.

Mr. Zaken’s representative matters include:

  • Representing 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.
  • Representing Louis Dreyfus, a leading international merchant and processor of agricultural goods, and its subsidiary Imperial Sugar Company in an action brought by the DOJ in Delaware federal court seeking to enjoin U.S. Sugar’s proposed acquisition of Imperial Sugar from Louis Dreyfus. In September 2022, the court ruled in favor of the defendants, denying the DOJ’s request for an injunction to block the acquisition, and the Third Circuit unanimously affirmed the ruling in July 2023.
  • Representing Epic Games in two separate antitrust actions against Apple and Google, alleging anticompetitive behavior in the distribution of mobile apps and the handling of in‑app payments.
  • Representation of Qualcomm Incorporated in numerous high stakes disputes and investigations around the world, including:
    • FTC v. Qualcomm Incorporated:  A suit filed by the FTC in California federal court alleging violations of Section 5 of the FTC Act and seeking a permanent injunction against Qualcomm. In August 2020, in a complete defense victory for Qualcomm, the Ninth Circuit unanimously reversed the district court’s prior judgment and vacated a permanent, worldwide injunction that had prohibited several of Qualcomm’s core business practices.
    • Apple Inc. v. Qualcomm Incorporated: An action filed by Apple against Qualcomm in California federal court. Following opening statements at trial in April 2019, the parties reached a global settlement that includes a payment from Apple to Qualcomm; the companies also reached a six year license agreement and a multi‑year chipset supply agreement.
  • Represented PG&E in hundreds of lawsuits, including numerous putative class actions, filed against the company arising out of the unprecedented 2017 and 2018 California wildfires—one of the largest and most complex sets of mass tort litigation in recent years—and helped to steer the company through the largest utility bankruptcy in U.S. history.

  • Represented Alarm.com in a patent infringement action relating to interactive security and home automation technology, including petitions for inter partes review of the asserted patents.

  • Represented British American Tobacco before the North Carolina Supreme Court in putative class action litigation arising out of Reynolds American Inc.’s $27.6 billion acquisition of Lorillard, winning a decision that overturned the state’s Court of Appeals and dismissed the suit.
  • Represented Westpac Banking Corporation in a putative class action asserting, inter alia, antitrust, Racketeer Influenced and Corrupt Organizations Act (RICO) and Commodity Exchange Act claims premised upon alleged manipulation of the Australian Bank Bill Swap Reference Rate (“BBSW”). Mr. Zaken also represented Westpac in a separate putative class action securities litigation concerning the reporting of over 19.5 million international funds transfer instructions to the Australian Transaction Reports and Analysis Centre (“AUSTRAC”), contrary to Australian law.

  • Represented a German parent company and its U.S. subsidiary in connection with litigation and an investigation involving entities and subsidiaries in Germany, the U.S. and Brazil.

Mr. Zaken is from New York City. He received a B.A. cum laude from Columbia College in 2011 and a J.D. from Columbia Law School in 2014, where he was a James Kent Scholar, a Harlan Fiske Stone Scholar, a member of the Moot Court and served as the Managing Editor of the Journal of Law and the Arts.

Mr. Zaken joined Cravath in 2014 and was elected a partner in 2022.

Education

  • J.D., 2014, Columbia Law School
    James Kent Scholar, Harlan Fiske Stone Scholar
  • B.A., 2011, Columbia College
    cum laude

Admitted In

  • New York

Rankings

Benchmark Litigation

  • 40 & Under List (2023)

Lawdragon

  • 500 Leading Litigators in America (2024)

Deals & Cases

July 14, 2023

Louis Dreyfus Company and Imperial Sugar Company Win Appellate Victory Over DOJ

On July 13, 2023, a three judge panel for the U.S. Court of Appeals for the Third Circuit ruled in favor of Cravath clients Louis Dreyfus Company LLC (“LDC”) and Imperial Sugar Company (“Imperial Sugar”) and unanimously affirmed an earlier decision by the U.S. District Court for the District of Delaware denying U.S. Department of Justice’s (“DOJ”) request for an injunction to block LDC’s sale of the assets and business of Imperial Sugar to U.S. Sugar.

Deals & Cases

September 23, 2022

Louis Dreyfus Company and Imperial Sugar Company Secure Major Antitrust Victory Over DOJ

On September 23, 2022, the U.S. District Court for the District of Delaware denied the U.S. Department of Justice’s request for an injunction blocking Louis Dreyfus Company LLC’s (“LDC”) sale of the assets and business of its subsidiary Imperial Sugar Company (“Imperial Sugar”) to U.S. Sugar. The District of Delaware’s decision in favor of the Defendants followed a four day trial in April 2022 and post-trial briefing submitted in May 2022.

Deals & Cases

September 02, 2022

Illumina Secures Unprecedented Antitrust Trial Win in FTC’s Challenge to GRAIL Acquisition

On September 1, 2022, Chief Administrative Law Judge D. Michael Chappell of the Federal Trade Commission (“FTC”) ruled in favor of Cravath client Illumina, rejecting the FTC’s challenge to Illumina’s $8 billion acquisition of GRAIL, which closed in August 2021.

Accolades

August 02, 2023

Benchmark Litigation Names 8 Partners to its 2023 “40 & Under List”

Cravath partners Michael P. Addis, 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 2023 “40 & Under List.” The list honors the achievements of the nation’s most accomplished litigators of 40 years old and under who are “leading high‑profile cases and building significant reputations in their respective practices.” The list was compiled through a process involving peer and client review, along with examination of individual cases.

Activities & Publications

July 28, 2023

New Merger Guidelines and Recent Merger-Related FTC and DOJ Announcements

On July 20, 2023, Cravath prepared a memo for its clients entitled “New Merger Guidelines and Recent Merger-Related FTC and DOJ Announcements.” The memo examines the Federal Trade Commission and the Department of Justice Antitrust Division’s recently proposed Merger Guidelines as well as recently proposed changes to the Hart-Scott-Rodino (HSR) filing process from the FTC and guidance concerning bank mergers from the DOJ. The memo outlines the thirteen Guidelines and their discussion of market definition, rebuttal evidence and approach to remedies. It also addresses what additional information the HSR filing proposals will require and summarizes Assistant Attorney General Jonathan Kanter’s recent speech concerning bank merger enforcement.

Firm News

November 16, 2022

Cravath Announces New Partners

Cravath has elected eight new partners.  They are:

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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