Litigation

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.

On September 2, 2025, the United States District Court for the Southern District of New York denied Loomis Sayles Trust Company’s (“LSTC”) motion for class certification in its breach of contract action against Cravath client Citigroup Global Markets Inc. (“Citigroup”).

On August 29, 2025, PepsiCo, Inc. (“PepsiCo”) and Celsius Holdings, Inc. (“Celsius Holdings”) announced an agreement to strengthen their long-term strategic partnership. As part of the agreement, (i) Celsius Holdings’ Alani Nu brand will move to the PepsiCo distribution system in the U.S. and Canada, (ii) PepsiCo has acquired $585 million in newly issued convertible 5% preferred stock while extending its existing preferred stock to the same conversion period and (iii) Celsius Holdings has acquired the Rockstar Energy brand in the U.S. and Canada from PepsiCo. PepsiCo will continue to own the Rockstar brand internationally. Celsius Holdings will become the strategic energy lead in the U.S., managing the Celsius, Alani Nu and Rockstar Energy brands, while PepsiCo will lead distribution for the Celsius Holdings portfolio in the U.S. and Canada. Cravath is representing PepsiCo in connection with the transaction.

On July 31, 2025, the U.S. Court of Appeals for the Ninth Circuit unanimously affirmed a jury verdict won by Cravath client Epic against Google in the U.S. District Court for the Northern District of California that Google has engaged in illegal anticompetitive behavior in the distribution of mobile apps and in the handling of in‑app payments. The Ninth Circuit also unanimously affirmed the district court’s permanent injunction against Google. The district court’s injunction prohibits Google from providing benefits to phone manufacturers, app developers and others in exchange for favoring the Google Play Store, prohibits Google from requiring the use of its own payment solution and also requires Google to take steps to restore competition, such as carrying other app stores on the Google Play Store.

On August 10, 2025, International Money Express, Inc. (“Intermex”) and The Western Union Company (“Western Union”) announced they have entered into a definitive agreement under which Western Union will acquire Intermex in an all‑cash transaction at $16.00 per share, representing a total equity and enterprise value of approximately $500 million. Cravath is representing Intermex’s Strategic Alternatives Committee in connection with the transaction.

Cravath partner Margaret T. Segall authored a chapter entitled “United States: Government Investigations.” for Global Competition Review’s “Americas Antitrust Review 2026,” published on August 11, 2025. The chapter reviews recent DOJ and FTC enforcement activity, including merger challenges, settlements and non‑merger actions.

On September 9, 2025, Cravath partner Margaret T. Segall participated in “Hot Topics for In‑House Counsel 2025,” a program presented by the Practising Law Institute in New York. Maggie spoke on a panel entitled “Global Antitrust Issues for In‑House Counsel,” in which panelists discussed developments in the international and domestic antitrust landscape affecting in‑house counsel, including trends in global antitrust law, the evolution of the U.S. antitrust landscape, coordination among agencies and practical tips and strategies.

On September 5, 2025, Lawdragon announced the inclusion of 38 Cravath partners in its list of the “500 Leading Litigators in America.” The list, assembled based on research and vetting by peers, recognizes “outstanding advocates” who have “made their mark representing clients in their most important courtroom, investigative and administrative battles” across cases spanning the areas of antitrust, finance, investigations, intellectual property, M&A and securities, among many others.

Cravath partner Evan Norris and of counsel Dean M. Nickles co-authored a chapter entitled “How to Develop and Implement an Incident Response Plan to Mitigate Impact of Cyberattacks” for Global Investigations Review’s “The Guide to Cyber and Data Privacy Investigations – Fourth Edition,” published on July 31, 2025. The chapter outlines how organizations can mitigate the impact of cyberattacks by crafting, testing and maintaining tailored incident response plans, discussing foundational and structural considerations and providing guidance on classification systems, personnel roles and effective communications during a cyber incident.

On August 12, 2025, Cravath partner Helam Gebremariam was featured in Bloomberg Law’s “They’ve Got Next: 40 Under 40” series, which recognizes young lawyers who are “raising the bar in the legal profession,” based on their work on key client matters, assumption of leadership roles, pro bono commitments and more.