Litigation

On January 30, 2026, the United States District Court for the Eastern District of New York granted with prejudice Cravath client Elsevier B.V.’s (“Elsevier”) motion to dismiss an antitrust lawsuit alleging an international conspiracy to fix prices and suppress competition in peer‑reviewed scholarly journal publishing.

On December 11, 2025, the U.S. Court of Appeals for the Ninth Circuit unanimously affirmed the U.S. District Court for the Northern District of California’s finding that Apple Inc. (“Apple”) committed civil contempt based on Apple’s willful violations of a permanent injunction that Cravath client Epic Games, Inc. (“Epic”) previously secured against Apple. The Court of Appeals affirmed several contempt sanctions imposed by the District Court against Apple, while modifying or reversing in part certain other sanctions and remanding to the District Court for further proceedings. The Court also unanimously affirmed the denial of Apple’s request to vacate or modify the permanent injunction based on recent California state court decisions and denied Apple’s request to reassign the case to a different district judge on remand.

On November 18, 2025, Axalta Coating Systems Ltd. (“Axalta”) and Akzo Nobel N.V. announced that they have entered into a definitive agreement to combine in an all‑stock merger of equals, creating a premier global coatings company with an enterprise value of approximately $25 billion. Cravath is representing Axalta in connection with the transaction.

On October 15, 2025, the United States District Court for the District of Minnesota granted Cravath client Louis Dreyfus Company LLC’s (“LDC”) motion to dismiss more than fifty lawsuits in consolidated antitrust litigation alleging a nationwide conspiracy to fix sugar prices.

On August 28, 2025, a jury in the U.S. District Court for the Eastern District of New York unanimously concluded that Cravath clients American Express Company and American Express Travel Related Services Company, Inc., (together, “Amex”) are not liable for antitrust claims in a class action suit, brought by a class of debit card users and non‑rewards credit card users from eight states and Washington, D.C., alleging that the company’s non‑discrimination provisions are anticompetitive.

Cravath released the Winter 2026 issue of its Alumni Journal, which highlights the Firm’s global alumni community. This issue features the career journey of Susan Jong, the Head of Corporate Legal and Corporate Secretary at Amazon, as well as a recent conversation with Jason Dymbort, the Executive Vice President, General Counsel and Secretary at First Solar, Inc. This edition also spotlights several alumni who have gone on to work in venture capital, or at start-ups and other companies navigating territory that comes with new technologies and market dynamics, and includes photos from the Firm’s October 2025 Alumni Reception held at the American Museum of Natural History in Manhattan. 

On January 29, 2026, Cravath partner Margaret T. Segall participated in GCR Live Global: Navigating the Future of Antitrust 2026, which was held from January 28‑30 in Miami, Florida. Maggie was featured on a panel entitled “Mergers: Novel Theories of Harm – Where are the Limits?” which examined regulators’ efforts to test the boundaries of traditional merger control through emerging theories of harm, including whether such theories are truly novel or extensions of existing frameworks, whether the applicable standards of proof are being met, how killer and reverse killer acquisitions are assessed and whether alleged ecosystem harms are already addressed under existing foreclosure theories.

On January 26, 2026, Cravath partner Wes Earnhardt participated in the Copyright Society’s 2026 Winter Meeting, which was held from January 24‑26 in Rancho Mirage, California and sought collaborative exchange and discourse on the most critical, cutting‑edge issues in copyright and intellectual property. Wes spoke on a panel entitled “Old Claims, Ongoing Risks: Repose in a Post‑Petrella World,” which reviewed the evolving copyright litigation landscape in the decade since the Supreme Court’s landmark Petrella v. MGM decision. The discussion covered topics including whether alternative equitable defenses have filled the laches gap, the impact of the Court’s recent Warner Chappell v. Nealy ruling on legal certainty and the practical risks associated with the broadened scope of legacy claims.

On January 16, 2026, Lawdragon announced the inclusion of 27 Cravath partners in its annual list of the “500 Leading Global Antitrust & Competition Lawyers.” The list, assembled based on research and peer nominations, recognizes “the emerging global corps of competition and antitrust” advisors across transactions and litigation who “negotiate deals that pass regulatory scrutiny, battle for consumers as well as companies in massive competition contests and navigate the frameworks of numerous countries and markets for global forces.”

On January 15, 2026, Cravath of counsel Scott B. Reents and discovery attorney Andrew Weiner participated in the 2026 Strategic Knowledge & Innovation Legal Leaders’ Summit Showcase. The Showcase, which was held virtually, featured presentations and strategic discussions highlighting the latest developments in the legal sector. Scott and Andrew led a presentation entitled “From 5 Million Documents to Measurable Results: How Cravath Redefined High-Stakes Document Review with AI,” which discussed the use of AI in the document review process for litigation.