Four Decades for Justice
Appellate
Cravath has an extensive track record of success in federal and state appellate courts across the country, for both appellants and appellees, repeatedly going “the distance in some of the thorniest, most complex trials and appeals” in the last several years. (The American Lawyer) We successfully defend positive results we achieve in the trial courts, including interlocutory appeals and appeals following trial or other disposition, and—in the face of adverse decisions—we persevere to obtain the best outcome for our clients, shaping the law in the process.
There is, perhaps, no better demonstration of the Firm’s “in it to win it” attitude in challenging, high‑stakes and precedent‑setting appellate matters than our decade‑long representation of American Express through government investigation, trial and appeals, winning one of the most significant antitrust rulings in recent history before the U.S. Supreme Court. We likewise have secured successful outcomes in other business-critical litigation in appellate courts across the country, earning praise for our ability “to make the shift between trial and appellate practices.” (The Legal 500 US) Our litigators also frequently prepare amicus briefs in connection with important cases pending in the U.S. Supreme Court or in other appellate courts in which our clients―including industry groups, governmental entities or scholars―have an interest but are not parties. And, in a testament to our appellate practice, we are frequently retained as replacement appellate counsel to “right the ship” on matters that were originally handled by another firm at the trial court level.
Named New York Law Journal’s “Litigation Department of the Year” in 2022 and 2019 and a Law360 Firm of the Year in 2021, Cravath has ranked as a first‑tier firm for our appellate practice for over a decade in U.S. News–Best Lawyers “Best Law Firms.” The Firm has also been included in The National Law Journal’s “Appellate Hot List,” and The Legal 500 US has noted our attorneys’ reputation as “appellate lawyers of excellence. Superb writers and superb analysis of winning arguments on appeal,” with a “very impressive track record in the appellate courts.”
There is, perhaps, no better demonstration of the Firm’s “in it to win it” attitude in challenging, high‑stakes and precedent‑setting appellate matters than our decade‑long representation of American Express through government investigation, trial and appeals, winning one of the most significant antitrust rulings in recent history before the U.S. Supreme Court. We likewise have secured successful outcomes in other business-critical litigation in appellate courts across the country, earning praise for our ability “to make the shift between trial and appellate practices.” (The Legal 500 US) Our litigators also frequently prepare amicus briefs in connection with important cases pending in the U.S. Supreme Court or in other appellate courts in which our clients―including industry groups, governmental entities or scholars―have an interest but are not parties. And, in a testament to our appellate practice, we are frequently retained as replacement appellate counsel to “right the ship” on matters that were originally handled by another firm at the trial court level.
Named New York Law Journal’s “Litigation Department of the Year” in 2022 and 2019 and a Law360 Firm of the Year in 2021, Cravath has ranked as a first‑tier firm for our appellate practice for over a decade in U.S. News–Best Lawyers “Best Law Firms.” The Firm has also been included in The National Law Journal’s “Appellate Hot List,” and The Legal 500 US has noted our attorneys’ reputation as “appellate lawyers of excellence. Superb writers and superb analysis of winning arguments on appeal,” with a “very impressive track record in the appellate courts.”
Deals & Cases
September 21, 2023
Cravath and A Better Childhood Win Appellate Victory for Children in NYC Foster Care
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 23, 2023
Michigan Supreme Court Reverses Wrongful Criminal Conviction Resulting From Coerced Confession
On July 31, 2023, the Michigan Supreme Court reversed the conviction of Joshua Stewart, who argued that he had been convicted based on a post‑arrest confession obtained as a result of deceptive police interrogation tactics. Cravath, working on a pro bono basis, submitted an amicus brief on behalf of the Innocence Project in support of Mr. Stewart’s appeal.
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
July 07, 2023
Cravath and NYU Veterans Legal Services Project Secure Win for Veteran Seeking Disability Compensation
On May 31, 2023, Judge Greenberg of the U.S. Court of Appeals for Veterans Claims ruled in favor of veteran and Cravath pro bono client Jason D. McCoy.
Deals & Cases
June 09, 2023
Tesla CEO Elon Musk Wins Delaware Supreme Court Decision Affirming $13 Billion Trial Victory Over Tesla’s SolarCity Deal
On June 6, 2023, the Delaware Supreme Court affirmed the Delaware Court of Chancery’s judgment in favor of Cravath client Elon Musk on all counts in a stockholder derivative suit related to Tesla, Inc.’s (“Tesla”) 2016 acquisition of SolarCity Corp. (“SolarCity”).
Activities & Publications
August 01, 2023
Cravath Emerging Company and Venture Capital Insights: 2023 Mid‑Year Market Update
On July 31, 2023, Cravath published the latest edition of its Cravath Emerging Company and Venture Capital Insights newsletter, entitled “2023 Mid‑Year Market Update,” which provides an overview of global venture capital activity during the first half of 2023. The newsletter examines key sectors for VC investment during the period and current exit trends, including limited IPOs with M&A still providing stronger exit opportunities. This edition also offers insights on the Securities and Exchange Commission’s continued focus on regulation of digital assets and how recent bank failures in the U.S. could potentially impact venture debt availability.
Activities & Publications
July 31, 2023
Cravath Publishes Finance & Capital Markets Quarterly Review for Q2 2023
On July 31, 2023, Cravath published the latest edition of its Finance & Capital Markets Quarterly Review, which provides an update on the bond, equity and loan markets and on restructuring activity during the second quarter of 2023. This edition also examines several recent litigation decisions, including in bankruptcy court, notable developments on digital asset regulation and a variety of SEC rulemaking, comment and enforcement updates.
Activities & Publications
June 08, 2023
Peter Barbur Speaks at Bates White’s 2023 Hal White Antitrust Conference
On June 5, 2023, Cravath partner Peter T. Barbur participated in Bates White’s 2023 Hal White Antitrust Conference, which was held from June 4‑6, 2023 in Washington, D.C. and featured leading academics and attorneys to discuss the latest developments in antitrust and economic policy. Peter spoke on a panel entitled “Looking Back on 5 Years of the Supreme Court Amex Decision,” in which a Cravath team, led by Barbur alongside partners Evan R. Chesler, Kevin J. Orsini and Rory A. Leraris, represented American Express Company in securing a favorable ruling in one of the most significant government antitrust enforcement actions in history.
Activities & Publications
June 01, 2023
Second Circuit Affirms Permissibility of Nonconsensual Third‑Party Releases in Purdue Pharma Bankruptcy Case
On May 31, 2023, Cravath prepared a memo for its clients entitled “Second Circuit Affirms Permissibility of Nonconsensual Third‑Party Releases in Purdue Pharma Bankruptcy Case.” The memo examined the significance of the U.S. Court of Appeals for the Second Circuit’s recent opinion reversing the District Court and affirming the permissibility of nonconsensual third‑party releases in bankruptcy plans under appropriate circumstances. Along with allowing the Purdue Pharma debtors to confirm their bankruptcy plan and claimants to receive payments thereunder, the decision reestablishes bankruptcy courts within the Second Circuit as potential venues for future mass tort bankruptcy filings. The memo also outlined the seven factors the Court provided to guide future courts in evaluating the propriety of granting nonconsensual third‑party releases.
Activities & Publications
April 28, 2023
Cravath Publishes Finance & Capital Markets Quarterly Review for Q1 2023
On April 28, 2023, Cravath published the latest edition of its Finance & Capital Markets Quarterly Review, which provides an update on the bond, equity and loan markets and restructuring activity during the first quarter of 2023. This edition also examines several recent litigation decisions and restructuring developments, and a variety of SEC rulemaking, comment and enforcement updates.
Deals & Cases
September 21, 2023
Cravath and A Better Childhood Win Appellate Victory for Children in NYC Foster Care
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 23, 2023
Michigan Supreme Court Reverses Wrongful Criminal Conviction Resulting From Coerced Confession
On July 31, 2023, the Michigan Supreme Court reversed the conviction of Joshua Stewart, who argued that he had been convicted based on a post‑arrest confession obtained as a result of deceptive police interrogation tactics. Cravath, working on a pro bono basis, submitted an amicus brief on behalf of the Innocence Project in support of Mr. Stewart’s appeal.
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
July 07, 2023
Cravath and NYU Veterans Legal Services Project Secure Win for Veteran Seeking Disability Compensation
On May 31, 2023, Judge Greenberg of the U.S. Court of Appeals for Veterans Claims ruled in favor of veteran and Cravath pro bono client Jason D. McCoy.
Deals & Cases
June 09, 2023
Tesla CEO Elon Musk Wins Delaware Supreme Court Decision Affirming $13 Billion Trial Victory Over Tesla’s SolarCity Deal
On June 6, 2023, the Delaware Supreme Court affirmed the Delaware Court of Chancery’s judgment in favor of Cravath client Elon Musk on all counts in a stockholder derivative suit related to Tesla, Inc.’s (“Tesla”) 2016 acquisition of SolarCity Corp. (“SolarCity”).
Activities & Publications
August 01, 2023
Cravath Emerging Company and Venture Capital Insights: 2023 Mid‑Year Market Update
On July 31, 2023, Cravath published the latest edition of its Cravath Emerging Company and Venture Capital Insights newsletter, entitled “2023 Mid‑Year Market Update,” which provides an overview of global venture capital activity during the first half of 2023. The newsletter examines key sectors for VC investment during the period and current exit trends, including limited IPOs with M&A still providing stronger exit opportunities. This edition also offers insights on the Securities and Exchange Commission’s continued focus on regulation of digital assets and how recent bank failures in the U.S. could potentially impact venture debt availability.
Activities & Publications
July 31, 2023
Cravath Publishes Finance & Capital Markets Quarterly Review for Q2 2023
On July 31, 2023, Cravath published the latest edition of its Finance & Capital Markets Quarterly Review, which provides an update on the bond, equity and loan markets and on restructuring activity during the second quarter of 2023. This edition also examines several recent litigation decisions, including in bankruptcy court, notable developments on digital asset regulation and a variety of SEC rulemaking, comment and enforcement updates.
Activities & Publications
June 08, 2023
Peter Barbur Speaks at Bates White’s 2023 Hal White Antitrust Conference
On June 5, 2023, Cravath partner Peter T. Barbur participated in Bates White’s 2023 Hal White Antitrust Conference, which was held from June 4‑6, 2023 in Washington, D.C. and featured leading academics and attorneys to discuss the latest developments in antitrust and economic policy. Peter spoke on a panel entitled “Looking Back on 5 Years of the Supreme Court Amex Decision,” in which a Cravath team, led by Barbur alongside partners Evan R. Chesler, Kevin J. Orsini and Rory A. Leraris, represented American Express Company in securing a favorable ruling in one of the most significant government antitrust enforcement actions in history.
Activities & Publications
June 01, 2023
Second Circuit Affirms Permissibility of Nonconsensual Third‑Party Releases in Purdue Pharma Bankruptcy Case
On May 31, 2023, Cravath prepared a memo for its clients entitled “Second Circuit Affirms Permissibility of Nonconsensual Third‑Party Releases in Purdue Pharma Bankruptcy Case.” The memo examined the significance of the U.S. Court of Appeals for the Second Circuit’s recent opinion reversing the District Court and affirming the permissibility of nonconsensual third‑party releases in bankruptcy plans under appropriate circumstances. Along with allowing the Purdue Pharma debtors to confirm their bankruptcy plan and claimants to receive payments thereunder, the decision reestablishes bankruptcy courts within the Second Circuit as potential venues for future mass tort bankruptcy filings. The memo also outlined the seven factors the Court provided to guide future courts in evaluating the propriety of granting nonconsensual third‑party releases.
Activities & Publications
April 28, 2023
Cravath Publishes Finance & Capital Markets Quarterly Review for Q1 2023
On April 28, 2023, Cravath published the latest edition of its Finance & Capital Markets Quarterly Review, which provides an update on the bond, equity and loan markets and restructuring activity during the first quarter of 2023. This edition also examines several recent litigation decisions and restructuring developments, and a variety of SEC rulemaking, comment and enforcement updates.
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Cravath Bicentennial
Celebrating 200 years of partnership. In 2019, we celebrated our bicentennial. Our history mirrors that of our nation. Integral to our story is our culture.
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